PL- Session 3- 120-125 Assault, Strangulation, Homicide Flashcards
What are the two ordinary considerations for all Assault provisions
- The cuplable mental state
- The result
What is the difference between the CMS of Recklessly and Criminal Negligence?
Recklessly- you percieved the risk and chose to disregard it
Criminal Negligence - You failed to percieve the risk but an ordinary individual should have
What is the required result for all forms of Assault 3rd Degree?
Include full CMS and Result for the 3 Subd.
PHYSICAL INJURY
Subd 1. Intend PI –> Cause PI
Subd 2. Recklessly –> Cause PI
Subd 3. Criminal Negligence –> Cause PI with DW or DI
What is important regarding the results of the Assault 2nd provisions?
All Assault 2 provisions result in PI with aggravating factors except:
Subd 1. Intend SPI –> Cause SPI
Subd 4. Recklessly –> Cause SPI with DW or DI
Subd 5. Intend stupor or unconsciousness –> Cause stupor or unconsciousness
Subd 8. Intend PI –> Someone MT 18 causes SPI to someone LT 11
What is the definition of SCHOOL GROUNDS according to the Penal Law?
1,000 feet out from the property line of the school.
This definition is crucial for determining jurisdiction in assault cases related to schools.
What is the result required for Assault 1st Degree?
Include full CMS and Result for the 4 Subd.
S.P.I. must always be the result.
Subd 1. Intend SPI –> Cause SPI with DW or DI
Subd 2. Intend to disfigure –> Cause disfigurement
Subd 3. Depraved Indifference (Recklessly) –> Cause grave risk of death or SPI to someone
Subd 4. No CMS –> SPI caused to non participant during the course of, attempt, or flight from a felony
What constitutes a RECKLESS ASSAULT OF A CHILD?
18 or older recklessly causes S.P.I. to L.T. 5 by shaking, slamming, or throwing the child.
What constitutes Aggravated Assault On A Person Less than 11?
18 or older commits Assault 3 on someone LT 11 with prior conviction of the same in last 10 years
What are the two degrees of GANG ASSAULT?
- 1st Degree - INTENT IS S.P.I. = Class B Felony
- 2nd Degree - INTENT is P.I. = Class C Felony
GANG ASSAULT always:
requires at least 3 defendants
results in S.P.I.
What is the definition of MENACING?
Intentionally placing or attempting to place the victim in fear of death, imminent S.P.I., or P.I.
- 3rd degree (B Misd)- Physical menace - ex. choking scenario with no PI
- 2nd degree (A Misd)- Weaponry, engaging in stalking, violating OOP
- 1st degree (E Felony)- Menacing 2nd, conviction of menacing i2nd or menacing a PO n prior 10 years
What is the difference between 1st and 2nd Degree Reckless Endangerment?
- 2nd Degree - A Misdemeanor, Reckless, creates risk of S.P.I.
- 1st Degree - D Felony, depraved mind (super reckless) and creates grave risk of death.
The level of recklessness and the resulting risk differentiate the degrees.
What is the maximum penalty for 1st Degree Hazing?
A Misdemeanor
- This occurs when physical injury is caused during the initiation or affiliation with an organization.
- 2nd degree is a violation and must occurr in your presence and in your GAOE or 100 yds from
What is required for both vehicular assault and vehicular manslaughter?
Impairment or intoxication
What is the requirement for Vehicular Assault?
PL 120.03 Vehicular Assault 2nd: Impaired and causes SPI
PL 120.04 Vehicular Assault 1st: Impaired and causes SPI while:
* .18 BAc or more
* License suspended for 1192
* Previously convicted for 1192 in last 10 years
* Causes SPI to multiple people
* Child less than 15 in vehicle and causes SPI to child (vehicle or vessel)
What defines Criminal Obstruction of Breathing or Blood Circulation?
Applying pressure on the throat or neck or blocking the nose or mouth.
This is an A Misdemeanor under New York law.
What is the difference between Strangulation 1st and 2nd Degree?
- 2nd Degree - D Felony, causes stupor or loss of consciousness, or PI
- 1st Degree - C Felony, causes serious physical injury.
The severity of injury caused differentiates the degrees.
What constitutes Aggravated Strangulation?
A police officer or peace officer:
* commits criminal obstruction or uses choke hold
&
- causes S.P.I. or death.
