Penal Law Definitions Flashcards
Offense
Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state, or by any law local or otherwise.
Traffic infraction
Offenses defined in the Vehicle and Traffic law
Violation
An offense other than a traffic infraction for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. A VIOLATION IS NOT A CRIME.
Misdemeanor
Other than a traffic infraction for which a sentence to a term of imprisonment in excess of fifteen days MAY be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.
Felony
Any offense for which a sentence to a term of imprisonment in excess of one year may be imposed.
Crime
A misdemeanor or felony
Physical Injury
Impairment of physical condition or substantial pain
Serious Physical Injury
Physical injury which can lead to death, impairment, or disfigurement.
Deadly Physical Force
Force readily capable of causing death or other physical injury
Deadly Weapon
Any loaded weapon from which a shot readily capable of producing death or other physical injury may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles or metal knuckles
Dangerous instrument
Any instrument, article or substance, including a “vehicle” under the circumstances under which it is used, is readily capable of causing death or serious physical injury
+Vehicle
a “motor vehicle”, “trailer” or “semi-trailer,” as defined in the vehicle and traffic law, any snowmobile as defined in the parks and recreation law, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
+Public servant
(a) any public officer or employee of the
state or of any political subdivision thereof or of any governmental instrumentality within the state, or (b) any person exercising the functions of any such public officer or employee. The term public
servant includes a person who has been elected or designated to become a
public servant.
+Possess
means to have physical possession or otherwise to
exercise dominion or control over tangible property.
Juvenile offender
A person 13 YEARS OLD who is criminally responsible for the acts of Murder 2nd degree on its own or as part of a sexually motivated felony
or
A person 14 or 15 YEARS OLD who is criminally responsible for the acts of:
- Murder 2nd degree or attempt to commit, on its own or as part of a sexually motivated felony
- Kidnapping 1st degree or an attempt to commit, on its own or as part of a sexually motivated felony
- Arson 1st or 2nd degree
- Assault 1st degree
- Manslaughter 1st degree
- Rape 1st degree
- Criminal Sexual Act 1st degree
- Aggravated Sex Abuse 1st degree
- Burglary 1st or 2nd degree
- Robbery 1st or 2nd degree
- Possession of machine gun or firearm on school grounds
A person 13 YEARS OLD who is criminally responsible for the acts of Murder 2nd degree on its own or as part of a sexually motivated felony
Juvenile Offender
A person 14 or 15 YEARS OLD who is criminally responsible for the acts listed in Article 10 of the Penal Law
Juvenile Offender
Article 55 governs the classification and designation of what?
EVERY OFFENSE whether it is defined within or outside the chapter (i.e. the CPL too)
Felonies are classified into how many categories?
FIVE (5) CATEGORIES for the purpose of sentence
- Class A
- Subclass A-I
- Subclass A-II - Class B
- Class C
- Class D
- Class E
NOTE: The subclasses are NOT counted as categories. They are merely subclasses of Class A felonies
How many subclasses of Class A felonies are there?
TWO (2) SUBCLASSES
- Class A-I
- Class A-II
How many categories of Misdemeanors are there?
THREE (3) CATEGORIES
-Class A
-Class B
Unclassified
Any offense NOT classified by this chapter (an offense NOT in the Penal Law), which can result in a term of imprisonment of MORE than one year shall be deemed what?
A Class E felony
Misdemeanors in the Penal law are classified as what?
Either Class A or Class B
Any offense defined outside the Penal Law but DECLARED TO BE A MISDEMEANOR and they have no classification or the sentence to be imposed is deemed what?
A class A misdemeanor
If an offense is defined outside this chapter, and they specify a sentence in excess of fifteen days but NOT more than a year, then it is considered what?
An unclassified misdemeanor
Any offense outside this chapter shall be deemed a violation if:
The term of imprisonment cannot be more than 15 days OR the only sentence can be a fine.
SPECIAL RULE: An offense will still be considered a violation, even though the sentence is over 15 days, as long as the offense was not considered a crime prior to the date of this chapter
TRAFFIC OFFENSES are not deemed violations or misdemeanors solely based upon the sentence.
+ “Juror”
means any person who is a member of any jury, including a grand jury, impaneled by any court in this state or by any public servant authorized by law to impanel a jury.
The term juror also includes a person who has been drawn or summoned to attend as a
prospective juror.
