Assault in the Second Degree, N.Y. Penal Law Section 120.05

New York Penal Law § 120.05 defines and outlines the criminal offense of Assault in the Second Degree, a serious felony charge in the state of New York. This law is part of the broader category of assault-related offenses and serves to punish more severe forms of physical attacks that involve aggravating factors. It is classified as a Class D felony, which carries significant legal consequences including prison time, probation, and long-term impacts on a defendant’s criminal record.

Key Elements of Assault in the Second Degree

To be charged under NYPL § 120.05, a person must intentionally or recklessly cause physical injury to another person under specific circumstances that elevate the crime beyond simple assault. The statute includes more than a dozen distinct subsections, each defining a unique situation where the offense qualifies as second-degree assault. Some of the most commonly applied scenarios include:

  1.  Causing Physical Injury with a Deadly Weapon or Dangerous Instrument
If a person intentionally causes injury using a weapon (e.g., knife, gun, bat) or any dangerous instrument, this can trigger a charge under § 120.05(2).
  2.  Injury to Police Officers, Firefighters, EMTs, or Other Public Servants
Causing physical injury to public servants performing their duties—such as police officers, firefighters, or nurses in a hospital setting—is covered under multiple subsections (e.g., § 120.05(3), (11)).
  3.  Injury During the Commission of Another Felony
If someone injures another person while committing, attempting to commit, or fleeing from another felony, they may be charged under § 120.05(6).
  4.  Use of a Stupefying Drug Without Consent
Administering a drug to another person without their consent with intent to cause harm or facilitate another crime (like a sexual offense) is also covered (§ 120.05(5)).
  5.  Injury to a Child, Elderly Person, or Vulnerable Individual
If the victim is especially vulnerable due to age or condition, and the injury occurs in a caretaking or custodial relationship, this can increase the severity of the charge.

Penalties for Assault in the Second Degree

As a Class D felony, a conviction for assault in the second degree can result in:

  *   2 to 7 years in state prison (with potential for longer sentences if aggravating factors are present),
  *   Post-release supervision,
  *   Probation (in certain cases),
  *   Fines and restitution,
  *   A permanent criminal record which may impact employment, housing, and other civil liberties.

If the victim is a public servant or if a weapon was involved, New York mandates determinate sentencing, meaning there’s a minimum term that must be served without parole.

Legal Defenses

There are several possible defenses to a charge under NYPL § 120.05, including:

  *   Self-defense or defense of others,
  *   Lack of intent (if the injury was accidental),
  *   False accusation or mistaken identity,
  *   Consent (in limited cases, such as during sports or other mutual activities),
  *   Mental disease or defect (in cases involving diminished capacity).

A skilled criminal defense attorney will analyze the facts of the case, the medical evidence, witness testimony, and police reports to build a defense or negotiate a lesser charge, such as third-degree assault or disorderly conduct.

Conclusion

New York Penal Law § 120.05 addresses situations where an assault goes beyond a simple altercation and involves serious injury, vulnerable victims, or aggravating circumstances. Because it carries heavy penalties and long-lasting consequences, anyone facing this charge should seek immediate legal counsel. The complexity of the statute and the seriousness of the potential sentence demand a strong legal strategy and an in-depth understanding of both the law and the facts of the case.

Matthew Galluzzo is a former Manhattan Assistant District Attorney and an experienced criminal defense attorney. He has successfully defended many people accused of Assault in the Second Degree and other felony crimes of violence. If you or a loved one have been accused of a felony assault charge, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.