‘Assault’ can be either a misdemeanor or a felony, for example. It can be one of a number of degrees, it can be aggravated, etc.
My question is in two simple parts. 1) What exactly is the arrangement of assault’s categories? 2) How are the lines between these categories defined?
Assault is generally a state crime in the U.S. so it depends on the state definition. Assault doesn’t always equal bodily harm. It can equal the threat to do harm or leading a person to believe that you are going to harm them but there are sub-definitions as well that allow for special circumstances like pregnant women and police officers. The general term of assault is more about the threat than the actual physical results of it. It is possible to be charged with assault with a deadly weapon by pointing your finger under your sweatshirt at a bank teller for instance.
Here are the definitions for Massachusetts:
http://www.morrelaw.com/Assault%20and%20Battery%20and%20209A%20Restraining%20Orders.htm
Thanks, that’s the idea. Mind if I ask for clarification?
Are ‘serious injuries’ measured in a number of stitches, or is it more a matter of organ failure and/or fear of impending death?
Here’s New York State’s list of assault crimes .
Your basic assault crimes are:
S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
He recklessly causes physical injury to another person; or
With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
S 120.05 Assault in the second degree.
A person is guilty of assault in the second degree when:
With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or
With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
With intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor’s intent that the animal obstruct the lawful activity of such peace officer, police officer, fireman, paramedic or technician, he causes physical injury to such peace officer, police officer, fireman, paramedic, technician or medical or related personnel in a hospital emergency department; or
He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same; or
In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the participants; or
Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly causes serious physical injury to such person; or
Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant causes such injury to such person; or
Acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury, he or she: (a) causes such injury to an employee of a school or public school district; or (b) not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes. For purposes of this subdivision the term “school grounds” shall have the meaning set forth in subdivision fourteen of section 220.00 of this chapter.
With intent to cause physical injury to a train operator, ticket inspector, conductor or bus operator employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, he or she causes physical injury to such train operator, ticket inspector, conductor or bus operator while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.
Assault in the second degree is a class D felony.
S 120.10 Assault in the first degree.
A person is guilty of assault in the first degree when:
With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or
Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.
Assault in the first degree is a class B felony.
And some of the terms used are also defined by statute:
“Physical injury” means impairment of physical condition or substantial pain.
“Serious physical injury” means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
“Deadly physical force” means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.
“Deadly weapon” means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
“Dangerous instrument” means any instrument, article or substance, including a “vehicle” as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.