Offenses Against Others


Assault

Assault is a criminal offense involving intentionally or recklessly causing physical harm to another person. Assaults related to children, sexual assault, or using a motor vehicle to cause an assault are special charges. Assault charges are deemed more severe if a deadly weapon, such as a gun or knife, is involved. The severity of the assault charge can also be related to the seriousness of the victim’s injuries. In addition, assaults against protected classes of people such as police officers and first responders, prosecutors, senior citizens, and children carry more severe penalties.

Those charged with assault will require the experience of a criminal defense lawyer who can investigate the case and determine if their client was wrongfully accused or if there are other grounds on which the case can be dismissed before going to trial. Even if you are not wrongfully accused, the sooner you involve an attorney, the better. There are several different degrees of assault charges.

Assault in the Third Degree

Assault in the third degree is a class A misdemeanor. To be charged with assault in the third degree, a person must have intended to cause physical injury to another person, and an injury must have occurred. A person may also be charged with assault in the third degree if they recklessly cause bodily injury to another person or if, with criminal negligence, a person causes injury to another person with a deadly weapon.

Assault in the Second Degree

A person is guilty of assault in the second degree when:

  1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or
  2. 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
  3. With intent to prevent a peace officer, a police officer, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a traffic enforcement officer or traffic enforcement agent, 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, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such peace officer, police officer, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent; or
  4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. Acting at a place the person knows or reasonably should know, is on school grounds and with intent to cause physical injury, he or her:
    • causes such injury to an employee of a school or public school district; or
    • 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 presents 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.
  11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator or station agent 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, a city marshal, a traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator or station agent, city marshal, traffic enforcement officer or traffic enforcement agent while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, or such city marshal, traffic enforcement officer or traffic enforcement agent is performing an assigned duty.
  12. With intent to cause physical injury to a person who is sixty-five years of age or older, he or she causes such injury to such person, and the actor is more than ten years younger than such person. Assault in the second degree is a class D felony.

Assault in the First Degree

Assault in the first degree is a class B felony and carries a possible prison sentence of up to 25 years. Charges of assault in the first degree are deemed as such when:

  1. 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
  2. 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
  3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct that creates a grave risk of death to another person and thereby causes serious physical injury to another person; or
  4. 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.

Harassment

In the State of New York, harassment is a crime, and the maximum penalty is imprisonment of up to four years. There are several types of harassment, according to the law. Still, each designation must show an element of intent in that the accused intended to cause distress, annoyance, alarm, or fear of physical injury to the victim.

If you’re facing harassment or stalking charges in New York, you’re probably concerned about what the charge means and what happens next. Getting legal advice from a criminal harassment lawyer who can create a strong defense strategy to ensure the best possible outcome on your day in court is crucial.

Second-Degree Harassment

A person is charged with second-degree harassment when, intending to harass, annoy, or alarm a person, the accused strikes the victim or threatens to do so, or the charged follows the victim in a public place or engages in conduct intended to alarm the victim, and the course of the conduct has no legitimate purpose. Second-degree harassment is considered a violation.

First-Degree Harassment

A person is charged with first-degree harassment when their conduct results in a victim being followed in public or having reasonable fear of physical injury. The maximum penalty for this Class B misdemeanor is three months of incarceration and a year of probation.

Second-Degree Aggravated Harassment

A person is charged with aggravated harassment in the second degree, a class A misdemeanor, when the accused has attempted to communicate with the victim anonymously or otherwise through telephone, mail, or other defined means of communication with the intent to cause alarm or annoyance. This charge may also be applied if physical force has been used due to the belief or perception of the victim’s race, color, national origin, gender, religion, age, disability, or sexual orientation. In addition, this charge applies to scenarios where the accused has been previously charged with harassment within the preceding ten years.

First-Degree Aggravated Harassment

Aggravated harassment in the first degree occurs when, with the intent to harass, annoy, threaten, or alarm another person because of their perceived race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation they:

  • damage premises primarily used for religious purposes and the damage exceeds fifty dollars;
  • depict or otherwise place a swastika on any building, public or private, without the express permission of the owner of the property;
  • depict or otherwise place a noose on any building, public or private, without the express permission of the owner of the property;
  • set a cross on fire in public view; or
  • have a previous conviction for the same offense.

Aggravated harassment in the first degree is a class E felony.

Homicide

A person facing a charge of homicide could be looking at life in prison. Homicide refers to a person being responsible for killing another person. Unlawful homicides, or homicides not committed in self-defense, are charged as either murder or manslaughter and are highly punishable. The accused’s intent determines if a victim’s death was murder or manslaughter.

To effectively distinguish the different types of murder and manslaughter charges from one another, various penalties are put in place based on the severity of the homicide, which includes factors such as the manner of death, premeditation, and if other laws were broken during the course of the homicide.

Prosecutors and police departments are under considerable pressure to move investigations of Homicide crimes forward to ease the public’s peace of mind and find the perpetrator. For this reason, it is imperative that you speak with a reputable and experienced New York Criminal Defense Attorney if you are suspected or have been charged with homicide.

Manslaughter in the Second Degree

If a person is in the process of committing a crime and unintentionally causes the death of another person, they may be charged with manslaughter in the second degree. The death must be shown to have been perpetrated without premeditation or malice. Additional crimes which would be charged as manslaughter in the second degree are causing or aiding another person to commit suicide or committing an abortional act that causes the death of the female unless the act is justifiable pursuant to subdivision three of section 125.05.

Manslaughter in the First Degree

A person may be charged with manslaughter in the first degree if they have the intention to cause serious physical injury to another person, ultimately causing their death, or the death of a third person, or if the death of such person was caused while the accused was under the influence of extreme emotional disturbance. Additionally, if the defendant is over the age of 18 and causes serious physical injury to a person under the age of eleven years old, resulting in their death, they can be charged with first-degree manslaughter which is a class B felony.

Vehicular Manslaughter in the Second Degree

A person may be charged with vehicular manslaughter in the second degree if a person operating a motor vehicle, vessel, snowmobile, or all-terrain vehicle causes the death of another person due to their actions, such as breaking traffic laws or driving under the influence of drugs or alcohol. Additionally, if a person operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials, or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death. Vehicular manslaughter is a class D felony.

Vehicular Manslaughter in the First Degree

A person may be charged with vehicular manslaughter in the first degree, if a person operating a motor vehicle, vessel, snowmobile, or all-terrain vehicle causes the death of another person due to their actions, such as having .08 of one per centum or more by weight of alcohol in such person’s blood shown by chemical analysis of blood, breath, urine, or saliva. Additionally, if the person has committed such a crime while knowingly operating a motor vehicle with a suspended or revoked license either in the state in which they reside or in another state. Additionally, this charge may be leveled if the crime causes the death of more than one person or causes the death of a child who is fifteen years of age or less. Vehicular manslaughter in the first degree is a class C felony.

Murder in the Second Degree

A person can be charged with murder in the second degree if proven they had the intent to cause the death of another person and the individual perpetrating the crime is deemed to have been emotionally disturbed at the time. Or, if an individual causes or aids without the use of duress or deception the suicide of another individual, or if a defendant under circumstances evincing a depraved indifference to human life, recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person.

A person may also be charged with this crime acting either alone, or with one or more other persons, if they commit or attempt to commit robbery, burglary, kidnapping, arson, rape in the first degree, a criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, the defendant, or another participant, if there be any, causes the death of a person other than one of the participants.

Under circumstances evincing a depraved indifference to human life and being eighteen years old or more the defendant recklessly engages in conduct that creates a grave risk of serious physical injury or death to another person less than eleven years old and thereby causes the death of such child.

Being eighteen years old or more, while committing rape in the first, second, or third-degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third, or fourth degree, or incest in the first, second or third degree, against a person less than fourteen years old, he or she intentionally causes the death of such person.

Murder in the First Degree

If an individual kills another with “malicious aforethought,” they may be charged with murder in the 1st degree. Additionally, if the intended victim was a police officer, peace officer, state correctional institution employee, who at the time of the killing was performing their official duties, and the defendant knew or reasonably should have known that the intended victim was one such officer they will be charged with murder in the first degree.

If the defendant at the time of the killing was confined in a state correctional institution and was serving a sentence for the term of their natural life, or a sentence for an intermediate-term the minimum of which was at least fifteen years, the charge will be murder in the first degree.

Additional circumstances may also bring the charge of murder in the first degree, such as:

  •  The intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victim’s testimony in any criminal action or proceeding whether such action or proceeding had been commenced.
  • The defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflict torture upon the victim prior to the victim’s death.
  • The defendant intentionally caused the death of two or more additional persons within the state in separate criminal transactions within a period of twenty-four months when committed in a similar fashion or pursuant to a common scheme or plan.
  • The intended victim was a judge as defined in subdivision twenty-three of section 1.20 of the criminal procedure law and the defendant killed such victim because such victim was, at the time of the killing, a judge.

Murder in the first degree is a class A-1 felony.

Offenses Related to Children

Abandonment of a Child

A person is guilty of abandonment of a child when, being a parent, guardian, or another person legally charged with the care or custody of a child less than fourteen years old, deserts such child in any place with intent to wholly abandon it. Abandonment of a child is a class E felony. If you or a loved one has been charged with Child Abandonment, it is crucial to seek the counsel of an experienced criminal defense attorney to represent you.

Common actions that may lead to charges include:

  • Leaving a child with another person without provision for the child’s support and without meaningful communication with the child for a period of three months.
  • Making only minimal efforts to support and communicate with a child.
  • Failing for at least six months to maintain regular visitation with a child
  • Failing to participate in a suitable plan or program designed to reunite the parent or guardian with a child
  • Leaving an infant on a doorstep, in trash cans and dumpsters, and on the side of the road
  • Being absent from the home for a period of time created a substantial risk of serious harm to a child left in the home
  • Failing to respond to notice of child protective proceedings
  • Being unwilling to provide care, support, or supervision for the child.

Endangering the Welfare of a Child

A person is guilty of endangering the welfare of a child when:

  • A defendant knowingly acts in a manner that is likely to be injurious to the physical, mental, or moral welfare of a child less than seventeen years old.
  • A defendant directs or authorizes a child who is less than 17 years of age to engage in an occupation involving a substantial risk of danger to his life or health.
  • Being a parent, guardian, or another person legally charged with the care or custody of a child less than eighteen years old, the defendant fails to make a reasonable effort to prevent a child from becoming abused, neglected, or becoming a juvenile delinquent.

Endangering the welfare of a child is a class A misdemeanor.

Unlawfully Dealing with a Child in the First Degree

A person is guilty of unlawfully dealing with a child in the first degree when:

  • The accused knowingly permits a child less than eighteen years old to enter or remain in a place or establishment where sexual activity or activity involving controlled substances or involving marijuana, and the accused knows or has reason to know that such activity is being maintained or conducted.
  • Or, the accused gives or sells or causes to be given or sold any alcoholic beverage to a person less than twenty-one years old.

Unlawfully dealing with a child in the first degree is a class A misdemeanor.

Unlawfully Dealing with a Child in the Second Degree

A person is guilty of unlawfully dealing with a child in the second degree when:

  • The accused is an owner, lessee, manager, or employee of a place where alcoholic beverages are sold or given away, and he permits a child less than sixteen years old to enter or remain in such place without the accompaniment of a parent or guardian.
  • The accused marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing.
  • Of the accused sells or causes to be sold tobacco in any form to a child less than eighteen years old.

It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such. Unlawfully dealing with a child in the second degree is a class B misdemeanor.

Non-Support of a Child in the Second Degree

Laws in New York are strict when it comes to supporting a child; if you have a child, you are legally required to support that child, and if you do not, you can and may be charged with a crime. A person is guilty of non-support of a child when:

  • Being a parent, guardian, or another person legally charged with the care or custody of a child less than sixteen years old, they fail or refuse to provide support for such child when they are able to do so, or become unable to do so, when, though employable, they voluntarily terminate their employment, voluntarily reduces their earning capacity or fails to seek employment diligently.
  • Being a parent, guardian, or other person obligated to make child support payments by order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses to provide support for such child when they can do so, or becomes unable to do so, when, though employable, they voluntarily terminate their employment, voluntarily reduces their earning capacity or fails to seek employment diligently.

Non-Support of a Child in the First Degree

A person is guilty of non-support of a child in the first degree when:

  • Being the parent, guardian, or another person legally charged with the care or custody of a child less than sixteen years old, fails or refuses to provide support for such child when they are able to do so
  • Being a parent, guardian, or other person obligated to make child support payments by order of child support entered by a court for a child less than eighteen years old, fails or refuses to provide support when they can do so.

Non-support of a child in the first degree is a class E felony.

Sex Offenses

Sexual Misconduct

A person is guilty of sexual misconduct when:

  • He or she engages in sexual intercourse with another person without such person’s consent;
  • He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or
  • He or she engages in sexual conduct with an animal or a dead human body.

Sexual misconduct is a class A misdemeanor.

Rape in the Third Degree

A person is guilty of rape in the third degree when:

  • He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old
  • Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old;
  • He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the third degree is a class E felony.

Rape in the Second Degree

A person is guilty of rape in the second degree when:

  • Being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
  • He or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Rape in the second degree is a class D felony.

Rape in the First Degree

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

  • By forcible compulsion; or
  • Who is incapable of consent by reason of being physically helpless; or
  • Who is less than eleven years old; or,
  • Who is less than thirteen years old and the actor is eighteen years old or more.

Rape in the first degree is a class B felony.

Forcible Touching

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.

Forcible touching is a class A misdemeanor.

Stalking

Stalking is recognized as a crime in all fifty states in this nation. It is a severe accusation to have leveled at you, no matter what classification of stalking you’re being accused of. There are four classifications of stalking in the State of New York, and it is wise to seek the counsel of a criminal defense attorney should any of these charges be leveled against you.

Stalking in the Fourth Degree

A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:

  • Is likely to cause reasonable fear of material harm to the physical health, safety, or property of such person, a member of such person’s immediate family, or a third party with whom such person is acquainted.
  • Causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning, or initiating communication or contact with such person, a member of such person’s immediate family, or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct.
  • Is likely to cause such person to reasonably fear that his or her employment, business, or career is threatened, where such conduct consists of appearing, telephoning, or initiating communication or contact at such person’s place of employment or business, and the actor was previously clearly informed to cease that conduct.

Stalking in the fourth degree is a class B misdemeanor.

Stalking in the Second Degree

A person is guilty of stalking in the second degree when he or she:
Commits the crime of stalking in the third degree and in the course of and in furtherance of the commission of such offense: (i)

  • Displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sandbag, sand club, slingshot, slungshot, shirken, “Kung Fu Star”, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapon; or (ii) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or another firearm.
  • Commits the crime of stalking in the third degree, and has previously been convicted within the preceding five years of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense.
  • Commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree.
  • Being twenty-one years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct, or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death.
  • Commits the crime of stalking in the third degree, against ten or more persons, in ten or more separate transactions for which the actor has not been previously convicted.

Stalking in the second degree is a class E felony.

Stalking in the First Degree

A person is guilty of stalking in the first degree when he or she commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 or stalking in the second degree as defined in section 120.55 of this article and, in the course and furtherance thereof, he or she:

  • intentionally or recklessly causes physical injury to the victim of such crime; or
  • commits a class A misdemeanor defined in article one hundred thirty of this chapter, or a class E felony defined in section 130.25, 130.40 or 130.85 of this chapter, or a class D felony defined in section 130.30 or 130.45 of this chapter.

Stalking in the first degree is a class D felony.