New York Penal Law Article 120 Assault Sections
Article 120 cases often turn on the exact section charged, the injury level, the mental state, whether a weapon or dangerous instrument is alleged, whether other people were actually present, and whether a special victim or child-related theory is charged.
| Penal Law | Offense | Level | Defense Page |
|---|---|---|---|
| PL 120.00 | Assault in the Third Degree | Class A misdemeanor | View page |
| PL 120.01 | Reckless Assault of a Child by a Child Day Care Provider | Class E felony | View page |
| PL 120.02 | Reckless Assault of a Child | Class D felony | View page |
| PL 120.05 | Assault in the Second Degree | Class D violent felony | View page |
| PL 120.06 | Gang Assault in the Second Degree | Class C violent felony | View page |
| PL 120.07 | Gang Assault in the First Degree | Class B violent felony | View page |
| PL 120.10 | Assault in the First Degree | Class B violent felony | View page |
| PL 120.12 | Aggravated Assault Upon a Person Less Than Eleven Years Old | Class E felony | View page |
| PL 120.14 | Menacing in the Second Degree | Class A misdemeanor | View page |
| PL 120.15 | Menacing in the Third Degree | Class B misdemeanor | View page |
| PL 120.20 | Reckless Endangerment in the Second Degree | Class A misdemeanor | View page |
| PL 120.25 | Reckless Endangerment in the First Degree | Class D felony | View page |
Core Article 120 Proof Issues
Physical Injury vs. Serious Physical Injury
The difference between physical injury and serious physical injury can control whether a case is treated as a misdemeanor, felony, or violent felony.
Intent, Recklessness, and Criminal Negligence
Article 120 includes different mental states. Defense work should test whether the prosecution can prove the exact mental state charged.
Weapon or Dangerous Instrument Allegations
Many felony assault theories depend on whether an object was a deadly weapon or was used as a dangerous instrument under the facts.
Medical and Causation Proof
Medical records, photos, video, expert review, timing, and causation can determine the strength of the prosecution case.
Related Assault Defense Pages
Official Legal References
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Talk to a New York Article 120 Assault Defense Lawyer
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