Nyc penal code

Nyc penal code DEFAULT

New York State Law

Abandonment of a childE Felony260.00Abortion in the first degreeD Felony125.45Abortion in the second degreeE Felony125.40Absconding from a community treatment facilityE Felony205.19Absconding from a furlough programA Misdemeanor205.18Absconding from temporary release in the first degreeE Felony205.17AdulteryB Misdemeanor255.17Advertisement or sale of unauthorized recordings in the first degreeE Felony275.30Advertisement or sale of unauthorized recordings in the second degreeA Misdemeanor275.25Aggravated assault upon a person less than eleven years oldE Felony120.12Aggravated assault upon a police officer or a peace officerB Violent Felony120.11Aggravated cemetery desecration in the first degreeD Felony145.27Aggravated cemetery desecration in the second degreeE Felony145.26Aggravated criminal contemptD Felony215.52Aggravated criminal possession of a weaponC Felony265.19Aggravated criminal sale of cannabisC Felony222.65Aggravated criminally negligent homicideC Violent Felony125.11Aggravated enterprise corruptionA-1 Felony460.22Aggravated family offenseE Felony240.75Aggravated grand larceny of an automated teller machineC Felony155.43Aggravated harassment in the first degreeE Felony240.31Aggravated harassment in the second degreeA Misdemeanor240.30Aggravated harassment of an employee by an inmateE Felony240.32Aggravated identity theftD Felony190.80-aAggravated insurance fraudD Felony176.35Aggravated interference with health care services in the first degreeE Felony240.73Aggravated interference with health care services in the second degreeE Felony240.72Aggravated manslaughter in the first degreeB Violent Felony125.22Aggravated manslaughter in the second degreeC Violent Felony125.21Aggravated murderA-I Felony125.26Aggravated sexual abuse in the first degreeB Violent Felony130.70Aggravated sexual abuse in the fourth degreeE Violent Felony130.65-aAggravated sexual abuse in the second degreeC Violent Felony130.67Aggravated sexual abuse in the third degreeD Violent Felony130.66Aggravated unpermitted use of indoor pyrotechnics in the first degreeD Violent Felony405.18Aggravated unpermitted use of indoor pyrotechnics in the second degreeE Felony405.16Aggravated vehicular assaultC Felony120.04-aAggravated vehicular homicideB Felony125.14Appearance in public under the influence of narcotics or a drug other than alcoholViolation240.40Arson in the fifth degreeA Misdemeanor150.01Arson in the first degreeA-I Felony150.20Arson in the fourth degreeE Felony150.05Arson in the second degreeB Violent Felony150.15Arson in the third degreeC Felony150.10Assault in the first degreeB Violent Felony120.10Assault in the second degreeD Violent Felony120.05Assault in the third degreeA Misdemeanor120.00Assault on a judgeC Violent Felony120.09Assault on a peace officer police officer fireman or emergency medical services professionalC Violent Felony120.08Auto stripping in the first degreeD Felony165.11Auto stripping in the second degreeE Felony165.10Auto stripping in the third degreeA Misdemeanor165.09Bail jumping in the first degreeD Felony215.57Bail jumping in the second degreeE Felony215.56Bail jumping in the third degreeA Misdemeanor215.55BigamyE Felony255.15Bribe giving for public officeD Felony200.45Bribe receiving by a jurorD Felony215.20Bribe receiving by a labor officialD Felony180.25Bribe receiving by a witnessD Felony215.05Bribe receiving for public officeD Felony200.50Bribe receiving in the first degreeB Felony200.12Bribe receiving in the second degreeC Felony200.11Bribe receiving in the third degreeD Felony200.10Bribery in the first degreeB Felony200.04Bribery in the second degreeC Felony200.03Bribery in the third degreeD Felony200.00Bribing a jurorD Felony215.19Bribing a labor officialD Felony180.15Burglary in the first degreeB Violent Felony140.30Burglary in the second degreeC Violent Felony140.25Burglary in the third degreeD Felony140.20Burn injury and wounds to be reportedA Misdemeanor265.26Cemetery desecration in the first degreeE Felony145.23Cemetery desecration in the second degreeA Misdemeanor145.22Certain wounds to be reportedA Misdemeanor265.25Coercion in the first degreeD Felony135.36Coercion in the second degreeA Misdemeanor135.60Commercial bribe receiving in the first degreeE Felony180.08Commercial bribe receiving in the second degreeA Misdemeanor180.05Commercial bribing in the first degreeE Felony180.03Commercial bribing in the second degreeA Misdemeanor180.00Compelling prostitutionB Felony230.33Compounding a crimeA Misdemeanor215.45Computer tampering in the first degreeC Felony156.27Computer tampering in the fourth degreeA Misdemeanor156.20Computer tampering in the second degreeD Felony156.26Computer tampering in the third degreeE Felony156.25Computer trespassE Felony156.10Conspiracy in the fifth degreeA Misdemeanor105.05Conspiracy in the first degreeA-I Felony105.17Conspiracy in the fourth degreeE Felony105.10Conspiracy in the second degreeB Felony105.15Conspiracy in the sixth degreeB Misdemeanor105.00Conspiracy in the third degreeD Felony105.13Corrupting the government in the first degreeB Felony496.05Corrupting the government in the fourth degreeE Felony496.02Corrupting the government in the second degreeC Felony496.04Corrupting the government in the third degreeD Felony496.03Course of sexual conduct against a child in the first degreeB Violent Felony130.75Course of sexual conduct against a child in the second degreeD Violent Felony130.80Creating a hazardB Misdemeanor270.10Crime of terrorismA-I Felony490.25Criminal possession of methamphetamine manufacturing material in the second degreeA Misdemeanor220.70Criminal anarchyE Felony240.15Criminal contempt in the first degreeE Felony215.51Criminal contempt in the second degreeA Misdemeanor215.50Criminal contempt of a temporary state commissionA Misdemeanor215.65Criminal contempt of the legislatureA Misdemeanor215.60Criminal contempt of the state commission on judicial conductA Misdemeanor215.66Criminal diversion of medical marihuana in the first degreeE Felony179.10Criminal diversion of medical marihuana in the second degreeB Misdemeanor179.11Criminal diversion of prescription medications and prescriptions in the first degreeC Felony178.25Criminal diversion of prescription medications and prescriptions in the fourth degreeA Misdemeanor178.10Criminal diversion of prescription medications and prescriptions in the third degreeE Felony178.15Criminal facilitation in the first degreeB Felony115.08Criminal facilitation in the fourth degreeA Misdemeanor115.00Criminal facilitation in the second degreeC Felony115.05Criminal facilitation in the third degreeE Felony115.01Criminal impersonation in the first degreeE Felony190.26Criminal impersonation in the second degreeA Misdemeanor190.25Criminal injection of a narcotic drugE Felony220.46Criminal interference with health care services or religious worship in the first degreeE Felony240.71Criminal interference with health care services or religious worship in the second degreeA Misdemeanor240.70Criminal mischief in the first degreeB Felony145.12Criminal mischief in the fourth degreeA Misdemeanor145.00Criminal mischief in the second degreeD Felony145.10Criminal mischief in the third degreeE Felony145.05Criminal nuisance in the first degreeE Felony240.46Criminal nuisance in the second degreeB Misdemeanor240.45Criminal obstruction of breathing or blood circulationA Misdemeanor121.11Criminal possession of methamphetamine manufacturing material in the first degreeE Felony220.71Criminal possession of a chemical weapon or biological weapon in the first degreeA-I Felony490.45Criminal possession of a chemical weapon or biological weapon in the second degreeB Violent Felony490.40Criminal possession of a chemical weapon or biological weapon in the third degreeC Violent Felony490.37Criminal possession of a controlled substance in the fifth degreeD Felony220.06Criminal possession of a controlled substance in the first degreeA-I Felony220.21Criminal possession of a controlled substance in the fourth degreeC Felony220.09Criminal possession of a controlled substance in the second degreeA-II Felony220.18Criminal possession of a controlled substance in the seventh degreeA Misdemeanor220.03Criminal possession of a controlled substance in the third degreeB Felony220.16Criminal possession of a firearmE Felony265.01BCriminal possession of a forged instrument in the first degreeC Felony170.30Criminal possession of a forged instrument in the second degreeD Felony170.25Criminal possession of a forged instrument in the third degreeA Misdemeanor170.20Criminal possession of a taximeter accelerating deviceA Misdemeanor145.70Criminal possession of a weapon in the first degreeB Violent Felony265.04Criminal possession of a weapon in the fourth degreeA Misdemeanor265.01Criminal possession of a weapon in the second degreeC Violent Felony265.03Criminal possession of a weapon in the third degreeD Violent Felony265.02Criminal possession of a weapon on school groundsE Felony265.01ACriminal possession of an anti-security itemB Misdemeanor170.47Criminal possession of cannabis in the first degreeD Felony222.40Criminal possession of cannabis in the second degree.E Felony222.35Criminal possession of cannabis in the third degreeA Misdemeanor222.30Criminal possession of computer related materialE Felony156.35Criminal possession of forgery devicesD Felony170.40Criminal possession of marihuana in the fifth degreeB Misdemeanor221.10Criminal possession of marihuana in the first degreeC Felony221.30Criminal possession of marihuana in the fourth degreeA Misdemeanor221.15Criminal possession of marihuana in the second degreeD Felony221.25Criminal possession of marihuana in the third degreeE Felony221.20Criminal possession of precursors of controlled substancesE Felony220.60Criminal possession of precursors of methamphetamineE Felony220.72Criminal possession of public benefit cards in the first degreeC Felony158.50Criminal possession of public benefit cards in the second degreeD Felony158.45Criminal possession of public benefit cards in the third degreeE Felony158.40Criminal possession of stolen property in the fifth degreeA Misdemeanor165.40Criminal possession of stolen property in the first degreeB Felony165.54Criminal possession of stolen property in the fourth degreeE Felony165.45Criminal possession of stolen property in the second degreeC Felony165.52Criminal possession of stolen property in the third degreeD Felony165.50Criminal purchase or disposal of a weaponD Felony265.17Criminal retention of medical marihuanaA Misdemeanor179.15Criminal sale of a controlled substance in or near school groundsB Felony220.44Criminal sale of a controlled substance in the fifth degreeD Felony220.31Criminal sale of a controlled substance in the first degreeA-I Felony220.43Criminal sale of a controlled substance in the fourth degreeC Felony220.34Criminal sale of a controlled substance in the second degreeA-II Felony220.41Criminal sale of a controlled substance in the third degreeB Felony220.39Criminal sale of a controlled substance to a childB Felony220.48Criminal sale of a firearm in the first degreeB Violent Felony265.13Criminal sale of a firearm in the second degreeC Violent Felony265.12Criminal sale of a firearm in the third degreeD Violent Felony265.11Criminal sale of a firearm to a minorC Felony265.16Criminal sale of a firearm with the aid of a minorC Violent Felony265.14Criminal sale of a police uniformA Misdemeanor190.27Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacistC Felony220.65Criminal sale of cannabis in the first degreeD Felony222.60Criminal sale of cannabis in the second degreeE Felony222.55Criminal sale of cannabis in the third degreeA Misdemeanor222.50Criminal sale of marihuana in the fifth degreeB Misdemeanor221.35Criminal sale of marihuana in the first degreeC Felony221.55Criminal sale of marihuana in the fourth degreeA Misdemeanor221.40Criminal sale of marihuana in the second degreeD Felony221.50Criminal sale of marihuana in the third degreeE Felony221.45Criminal sexual act in the first degreeB Violent Felony130.50Criminal sexual act in the second degreeD Violent Felony130.45Criminal sexual act in the third degreeE Felony130.40Criminal simulationA Misdemeanor170.45Criminal solicitation in the fifth degreeViolation100.00Criminal solicitation in the first degreeC Felony100.13Criminal solicitation in the fourth degreeA Misdemeanor100.05Criminal solicitation in the second degreeD Felony100.10Criminal solicitation in the third degreeE Felony100.08Criminal tampering in the first degreeD Felony145.20Criminal tampering in the second degreeA Misdemeanor145.15Criminal tampering in the third degreeB Misdemeanor145.14Criminal trespass in the first degreeD Felony140.17Criminal trespass in the second degreeA Misdemeanor140.15Criminal trespass in the third degreeB Misdemeanor140.10Criminal use of a chemical weapon or biological weapon in the first degreeA-I Felony490.55Criminal use of a chemical weapon or biological weapon in the second degreeA-II Felony490.50Criminal use of a chemical weapon or biological weapon in the third degreeB Violent Felony490.47Criminal use of a firearm in the first degreeB Violent Felony265.09Criminal use of a firearm in the second degreeC Violent Felony265.08Criminal use of a public benefit card in the first degreeE Felony158.35Criminal use of a public benefit card in the second degreeA Misdemeanor158.30Criminal use of an access device in the first degreeE Felony190.76Criminal use of an access device in the second degreeA Misdemeanor190.75Criminal usury in the first degreeC Felony190.42Criminally negligent homicideE Felony125.10Criminally possessing a hypodermic instrumentA Misdemeanor220.45Criminally using drug paraphernalia in the first degreeD Felony220.55Criminally using drug paraphernalia in the second degreeA Misdemeanor220.50Custodial interference in the first degreeE Felony135.50Custodial interference in the second degreeA Misdemeanor135.45Defrauding the governmentE Felony195.20Directing a laser at an aircraft in the first degreeE Felony240.77Directing a laser at an aircraft in the second degreeA Misdemeanor240.76Disorderly conductViolation240.20Disruption or disturbance of religious serviceA Misdemeanor240.21Disseminating a false registered sex offender noticeA Misdemeanor240.48Disseminating indecent material to minors in the first degreeD Felony235.22Disseminating indecent material to minors in the second degreeE Felony235.21Dissemination of an unlawful surveillance image in the first degreeE Felony250.60Dissemination of an unlawful surveillance image in the second degreeA Misdemeanor250.55Divulging an eavesdropping warrantA Misdemeanor250.20EavesdroppingE Felony250.05Employer unlawfully penalizing witness or victimB Misdemeanor215.14Endangering the welfare of a childA Misdemeanor260.10Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degreeD Felony260.34Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degreeE Felony260.32Endangering the welfare of an incompetent or physically disabled person in the first degreeE Felony260.25Endangering the welfare of an incompetent or physically disabled person in the second degreeA Misdemeanor260.24Enterprise corruptionB Felony460.20Escape in the first degreeD Felony205.15Escape in the second degreeE Felony205.10Escape in the third degreeA Misdemeanor205.05Exposure of a personViolation245.01Facilitating a sex offense with a controlled substanceD Violent Felony130.90Facilitating a sexual performance by a child with a controlled substance or alcoholB Felony263.30Failing to report criminal communicationsB Misdemeanor250.35Failing to respond to an appearance ticketViolation215.58Failure to disclose the origin of a recording in the first degreeE Felony275.40Failure to disclose the origin of a recording in the second degreeA Misdemeanor275.35Failure to report wiretappingB Misdemeanor250.15False advertisingA Misdemeanor190.20False personationB Misdemeanor190.23Falsely reporting an incident in the first degreeD Violent Felony240.60Falsely reporting an incident in the second degreeE Violent Felony240.55Falsely reporting an incident in the third degreeA Misdemeanor240.50Falsifying business records in the first degreeE Felony175.10Falsifying business records in the second degreeA Misdemeanor175.05Female genital mutilationE Felony130.85Forcible touchingA Misdemeanor130.52Forgery in the first degreeC Felony170.15Forgery in the second degreeD Felony170.10Forgery in the third degreeA Misdemeanor170.05Forgery of a vehicle identification numberE Felony170.65Fortune tellingB Misdemeanor165.35Fraud in insolvencyA Misdemeanor185.00Fraud involving a security interestA Misdemeanor185.05Fraudulent accostingA Misdemeanor165.30Fraudulent disposition of mortgaged propertyA Misdemeanor185.10Fraudulent disposition of property subject to a conditional sale contractA Misdemeanor185.15Fraudulent making of an electronic access device in the second degreeD Felony170.25Fraudulently obtaining a signatureA Misdemeanor165.20Gaming fraud in the first degreeE Felony225.60Gaming fraud in the second degreeA Misdemeanor225.55Gang assault in the first degreeB Violent Felony120.07Gang assault in the second degreeC Violent Felony120.06Giving unlawful gratuitiesA Misdemeanor200.30Grand larceny in the first degreeB Felony155.42Grand larceny in the fourth degreeE Felony155.30Grand larceny in the second degreeC Felony155.40Grand larceny in the third degreeD Felony155.35Harassment in the first degreeB Misdemeanor240.25Harassment in the second degreeViolation240.26Harassment of a rent regulated tenantE Felony241.05Harming a service animal in the first degreeE Felony242.15Harming a service animal in the second degreeA Misdemeanor242.10Harming an animal trained to aid a person with a disability in the first degreeA Misdemeanor195.12Harming an animal trained to aid a person with a disability in the second degreeB Misdemeanor195.11Hazing in the first degreeA Misdemeanor120.16Hazing in the second degreeViolation120.17Health care fraud in the fifth degreeA Misdemeanor177.05Health care fraud in the first degreeB Felony177.25Health care fraud in the fourth degreeE Felony177.10Health care fraud in the second degreeC Felony177.20Health care fraud in the third degreeD Felony177.15Hindering prosecution in the first degreeD Felony205.65Hindering prosecution in the second degreeE Felony205.60Hindering prosecution in the third degreeA Misdemeanor205.55Hindering prosecution of terrorism in the first degreeB Violent Felony490.35Hindering prosecution of terrorism in the second degreeC Violent Felony490.30Identity theft in the first degreeD Felony190.80Identity theft in the second degreeE Felony190.79Identity theft in the third degreeA Misdemeanor190.78Illegal possession of a vehicle identification numberE Felony170.70Immigrant assistance services fraud in the first degreeE Felony190.89Immigrant assistance services fraud in the second degreeA Misdemeanor190.87Impairing the integrity of a government licensing examinationD Felony200.55Impairing the integrity of a pari-mutuel betting system in the second degreeE Felony180.52Incest in the first degreeB Violent Felony255.27Incest in the second degreeD Felony255.26Incest in the third degreeE Felony255.25Inciting to riotA Misdemeanor240.08Insurance fraud in the fifth degreeA Misdemeanor176.10Insurance fraud in the first degreeB Felony176.30Insurance fraud in the fourth degreeE Felony176.15Insurance fraud in the second degreeC Felony176.25Insurance fraud in the third degreeD Felony176.20Interference harassment or intimidation of a service animalB Misdemeanor242.05Intimidating a victim or witness in the first degreeB Violent Felony215.17Intimidating a victim or witness in the second degreeD Violent Felony215.16Intimidating a victim or witness in the third degreeE Felony215.15Issuing a bad checkB Misdemeanor190.05Issuing a false certificateE Felony175.40Issuing a false financial statementA Misdemeanor175.45Issuing abortional articlesB Misdemeanor125.60JostlingA Misdemeanor165.25Kidnapping in the first degreeA-I Felony135.25Kidnapping in the second degreeB Violent Felony135.20Killing or injuring a police animalA Misdemeanor195.06Labor traffickingD Felony135.35Licenses to carry possess repair and dispose of firearmsA Misdemeanor400.00(15)Life settlement fraud in the fifth degreeA Misdemeanor176.45Life settlement fraud in the first degreeB Felony176.65Life settlement fraud in the fourth degreeE Felony176.50Life settlement fraud in the second degreeC Felony176.60LoiteringViolation240.35Loitering for the purpose of engaging in a prostitution offenseA Misdemeanor240.37(3)Loitering for the purpose of engaging in a prostitution offenseViolation240.37(2)Loitering for the purpose of engaging in a prostitution offense (previous conviction of 230.00 or 230.05)B Misdemeanor240.37(2)Loitering in the first degreeB Misdemeanor240.36Luring a childE Felony120.70Making a false statement of credit termsA Misdemeanor190.55Making a punishable false written statementA Misdemeanor210.45Making a terroristic threatD Violent Felony490.20Making an apparently sworn false statement in the first degreeE Felony210.40Making an apparently sworn false statement in the second degreeA Misdemeanor210.35Making graffitiA Misdemeanor145.60Manipulation of gaming outcomes at an authorized gaming establishmentA Misdemeanor225.90Manslaughter in the first degreeB Violent Felony125.20Manslaughter in the second degreeC Felony125.15Manufacture of unauthorized recordings in the first degreeE Felony275.10Manufacture of unauthorized recordings in the second degreeA Misdemeanor275.05Manufacture or sale of an unauthorized recording of a performance in the first degreeE Felony275.20Manufacture or sale of an unauthorized recording of a performance in the second degreeA Misdemeanor275.15Manufacture transport disposition and defacement of weapons and dangerous instruments and appliancesA Misdemeanor265.10Menacing a police officer or peace officerD Violent Felony120.18Menacing in the first degreeE Felony120.13Menacing in the second degreeA Misdemeanor120.14Menacing in the third degreeB Misdemeanor120.15Misapplication of propertyA Misdemeanor165.00Misconduct by a juror in the first degreeA Misdemeanor215.30Misconduct by a juror in the second degreeViolation215.28Misconduct by corporate officialB Misdemeanor190.35Misrepresentation by a child day care providerA Misdemeanor260.31*2Money laundering in support of terrorism in the first degreeB Felony470.24Money laundering in support of terrorism in the fourth degreeE Felony470.21Money laundering in support of terrorism in the second degreeC Felony470.23Money laundering in support of terrorism in the third degreeD Felony470.22Money laundering in the first degreeB Felony470.20Money laundering in the fourth degreeE Felony470.05Money laundering in the second degreeC Felony470.15Money laundering in the third degreeD Felony470.10Murder in the first degreeA-I Felony125.27Murder in the second degreeA-I Felony125.25Non-support of a child in the first degreeE Felony260.06Non-support of a child in the second degreeA Misdemeanor260.05Obscenity in the first degreeD Felony235.07Obscenity in the second degreeE Felony235.06Obscenity in the third degreeA Misdemeanor235.05Obstructing emergency medical servicesA Misdemeanor195.16Obstructing governmental administration by means of a self-defense spray deviceD Felony195.08Obstructing governmental administration in the second degreeA Misdemeanor195.05Obstruction of governmental duties by means of a bomb destructive device explosive or hazardous substanceD Felony195.17Offensive exhibitionViolation245.05Offering a false instrument for filing in the first degreeE Felony175.35Offering a false instrument for filing in the second degreeA Misdemeanor175.30Official misconductA Misdemeanor195.00Operating as a major traffickerA-I Felony220.77Patronizing a prostitute in the first degreeD Felony230.06Patronizing a prostitute in the second degreeE Felony230.05Patronizing a prostitute in the third degreeA Misdemeanor230.04Perjury in the first degreeD Felony210.15Perjury in the second degreeE Felony210.10Perjury in the third degreeA Misdemeanor210.05Permitting prostitutionB Misdemeanor230.40Persistent sexual abuseE Violent Felony130.53Petit larcenyA Misdemeanor155.25Placing a false bomb or hazardous substance in a sports stadium or arena mass transportation facility or enclosed shopping mallD Violent Felony240.63Placing a false bomb or hazardous substance in the first degreeD Violent Felony240.62Placing a false bomb or hazardous substance in the second degreeE Violent Felony240.61Possessing a sexual performance by a childE Felony263.16Possessing an obscene sexual performance by a childE Felony263.11Possession of a gambling deviceA Misdemeanor225.30Possession of burglar`s toolsA Misdemeanor140.35Possession of eavesdropping devicesA Misdemeanor250.10Possession of gambling records in the first degreeE Felony225.20Possession of gambling records in the second degreeA Misdemeanor225.15Possession of graffiti instrumentsB Misdemeanor145.65Possession of unlawful gaming property in the first degreeD Felony225.80Possession of unlawful gaming property in the second degreeE Felony225.75Possession of unlawful gaming property in the third degreeA Misdemeanor225.70Possession of usurious loan recordsA Misdemeanor190.45Predatory sexual assaultA-II Felony130.95Predatory sexual assault against a child.A-II Felony130.96Prohibited use of weaponsA Misdemeanor265.35Promoting a sexual performance by a childD Felony263.15Promoting a suicide attemptE Felony120.30Promoting an obscene sexual performance by a childD Felony263.10Promoting gambling in the first degreeE Felony225.10Promoting gambling in the second degreeA Misdemeanor225.05Promoting prison contraband in the first degreeD Felony205.25Promoting prison contraband in the second degreeA Misdemeanor205.20Promoting prostitution in a school zoneE Felony230.19Promoting prostitution in the first degreeB Felony230.32Promoting prostitution in the fourth degreeA Misdemeanor230.20Promoting prostitution in the second degreeC Felony230.30Promoting prostitution in the third degreeD Felony230.25Promoting the exposure of a personViolation245.02ProstitutionB Misdemeanor230.00Prostitution in a school zoneA Misdemeanor230.03Providing a juror with a gratuityA Misdemeanor215.22Public display of offensive sexual materialA Misdemeanor245.11Public lewdnessB Misdemeanor245.00Public lewdness in the first degreeA Misdemeanor245.03Rape in the first degreeB Violent Felony130.35Rape in the second degreeD Violent Felony130.30Rape in the third degreeE Felony130.25Receiving reward for official misconduct in the first degreeC Felony200.27Receiving reward for official misconduct in the second degreeE Felony200.25Receiving unlawful gratuitiesA Misdemeanor200.35Reckless assault of a childD Violent Felony120.02Reckless assault of a child by a child day care providerE Felony120.01Reckless endangerment in the first degreeD Felony120.25Reckless endangerment in the second degreeA Misdemeanor120.20Reckless endangerment of propertyB Misdemeanor145.25Refusing to aid a peace or a police officerB Misdemeanor195.10Rent gouging in the first degreeE Felony180.57Rent gouging in the second degreeA Misdemeanor180.56Rent gouging in the third degreeB Misdemeanor180.55Residential mortgage fraud in the fifth degreeA Misdemeanor187.05Residential mortgage fraud in the first degreeB Felony187.25Residential mortgage fraud in the fourth degreeE Felony187.10Residential mortgage fraud in the second degreeC Felony187.20Residential mortgage fraud in the third degreeD Felony187.15Rewarding official misconduct in the first degreeC Felony200.22Rewarding official misconduct in the second degreeE Felony200.20Riot in the first degreeE Felony240.06Riot in the second degreeA Misdemeanor240.05Robbery in the first degreeB Violent Felony160.15Robbery in the second degreeC Violent Felony160.10Robbery in the third degreeD Felony160.05Safe storage of rifles, shotguns, and firearmsA Misdemeanor265.45Scheme to defraud in the first degreeE Felony190.65Scheme to defraud in the second degreeA Misdemeanor190.60Scheme to defraud the state by unlawfully selling prescriptionsA Misdemeanor190.70Self-abortion in the first degreeA Misdemeanor125.55Self-abortion in the second degreeB Misdemeanor125.50Sellers of ammunitionViolation400.03Sexual abuse in the first degreeD Violent Felony130.65Sexual abuse in the second degreeA Misdemeanor130.60Sexual abuse in the third degreeB Misdemeanor130.55Sexual misconductA Misdemeanor130.20Soliciting or providing support for an act of terrorism in the first degreeC Violent Felony490.15Soliciting or providing support for an act of terrorism in the second degreeD Violent Felony490.10Sports bribe receivingE Felony180.45Stalking in the first degreeD Violent Felony120.60Stalking in the fourth degreeB Misdemeanor120.45Stalking in the second degreeE Felony120.55Stalking in the third degreeA Misdemeanor120.50Strangulation in the first degreeC Violent Felony120.13Strangulation in the second degreeD Violent Felony121.12Substitution of childrenE Felony135.55Tampering with a consumer product in the first degreeE Felony145.45Tampering with a consumer product in the second degreeA Misdemeanor145.40Tampering with a juror in the first degreeA Misdemeanor215.25Tampering with a juror in the second degreeB Misdemeanor215.23Tampering with a sports contest in the first degreeE Felony180.51Tampering with a sports contest in the second degreeA Misdemeanor180.50Tampering with a witness in the first degreeB Felony215.13Tampering with a witness in the fourth degreeA Misdemeanor215.10Tampering with a witness in the second degreeD Felony215.12Tampering with a witness in the third degreeE Felony215.11Tampering with physical evidenceE Felony215.40Tampering with private communicationsB Misdemeanor250.25Tampering with public records in the first degreeD Felony175.25Tampering with public records in the second degreeA Misdemeanor175.20Theft of servicesA Misdemeanor165.15Trademark counterfeiting in the second degreeE Felony165.72Trademark counterfeiting in the third degreeA Misdemeanor165.71TrespassViolation140.05Unauthorized operation of a recording device in a motion picture or live theater in the first degreeE Felony275.34Unauthorized operation of a recording device in a motion picture or live theater in the second degreeA Misdemeanor275.33Unauthorized radio transmissionA Misdemeanor190.72Unauthorized sale of certain transportation servicesB Misdemeanor165.16Unauthorized use of a computerA Misdemeanor156.05Unauthorized use of a vehicle in the first degreeD Felony165.08Unauthorized use of a vehicle in the second degreeE Felony165.06Unauthorized use of a vehicle in the third degreeA Misdemeanor165.05Unlawful possession of a large capacity ammunition feedingA Misdemeanor265.36Unlawful assemblyB Misdemeanor240.10Unlawful collection practicesB Misdemeanor190.50Unlawful disclosure of an indictmentB Misdemeanor215.75Unlawful dissemination or publication of an intimate image.A Misdemeanor245.15Unlawful disposal of methamphetamine laboratory materialE Felony220.76Unlawful disposition of assets subject to forfeitureA Misdemeanor215.80Unlawful duplication of computer related material in the first degreeE Felony156.30Unlawful duplication of computer related material in the second degreeB Misdemeanor156.29Unlawful fleeing a police officer in a motor vehicle in the first degreeD Felony270.35Unlawful fleeing a police officer in a motor vehicle in the second degreeE Felony270.30Unlawful fleeing a police officer in a motor vehicle in the third degreeA Misdemeanor270.25Unlawful grand jury disclosureE Felony215.70Unlawful imprisonment in the first degreeE Felony135.10Unlawful imprisonment in the second degreeA Misdemeanor135.05Unlawful manufacture of methamphetamine in the first degreeB Felony220.75Unlawful manufacture of methamphetamine in the second degreeC Felony220.74Unlawful manufacture of methamphetamine in the third degreeD Felony220.73Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gamingA Misdemeanor225.95Unlawful possession of a skimmer device in the first degreeE Felony190.86Unlawful possession of a skimmer device in the second degreeA Misdemeanor190.85Unlawful possession of certain ammunition feeding devicesB Misdemeanor265.37Unlawful possession of marihuanaViolation221.05Unlawful possession of personal identification information in the first degreeD Felony190.83Unlawful possession of personal identification information in the second degreeE Felony190.82Unlawful possession of personal identification information in the third degreeA Misdemeanor190.81Unlawful possession of radio devicesB Misdemeanor140.40Unlawful prevention of public access to recordsViolation240.65Unlawful sale of cannabisViolation222.45Unlawful surveillance in the first degreeD Felony250.50Unlawful surveillance in the second degreeE Felony250.45Unlawful use of credit card debit card or public benefit cardA Misdemeanor165.17Unlawful use of secret scientific materialE Felony165.07Unlawful wearing of a body vestE Felony270.20Unlawfully concealing a willE Felony190.30Unlawfully dealing with a child in the first degreeA Misdemeanor260.20Unlawfully dealing with a child in the second degreeB Misdemeanor260.21Unlawfully dealing with fireworks and dangerous fireworksB Misdemeanor270.00(2a,i)Unlawfully dealing with fireworks and dangerous fireworksE Felony270.00(2biv)Unlawfully dealing with fireworks and dangerous fireworksA Misdemeanor270.00(2aii)Unlawfully issuing a dissolution decreeA Misdemeanor255.05Unlawfully possessing or selling noxious materialB Misdemeanor270.05Unlawfully posting advertisementsViolation145.30Unlawfully procuring a marriage licenseA Misdemeanor255.10Unlawfully refusing to yield a party lineB Misdemeanor270.15Unlawfully solemnizing a marriageA Misdemeanor255.00Unlawfully using slugs in the first degreeE Felony170.60Unlawfully using slugs in the second degreeB Misdemeanor170.55Unpermitted use of indoor pyrotechnics in the second degreeA Misdemeanor405.12Use of a child in a sexual performanceC Felony263.05Use of a child to commit a controlled substance offenseE Felony220.28Use of counterfeit, unapproved or unlawful wagering instrumentsA Misdemeanor225.65Use of unlawful gaming propertyE Felony225.85Vehicular assault in the first degreeD Felony120.04Vehicular assault in the second degreeE Felony120.03Vehicular manslaughter in the first degreeC Felony125.13Vehicular manslaughter in the second degreeD Felony125.12Welfare fraud in the fifth degreeA Misdemeanor158.05Welfare fraud in the first degreeB Felony158.25Welfare fraud in the fourth degreeE Felony158.10Welfare fraud in the second degreeC Felony158.20Welfare fraud in the third degreeD Felony158.15
Sours: https://ypdcrime.com/penallawlist.php

§ 240.31 Aggravated harassment in the first degree.

A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color, national
origin, ancestry, gender, gender identity or expression, religion,
religious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct, he or she:

1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage to the premises
exceeds fifty dollars; or

2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he or she has been previously convicted of the crime of aggravated
harassment in the first degree within the preceding ten years; or

3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property;

4. Sets on fire a cross in public view; or

5. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any
building or other real property, public or private, owned by any person,
firm or corporation or any public agency or instrumentality, without
express permission of the owner or operator of such building or real
property.

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

Sours: https://www.nysenate.gov/legislation/laws/PEN/240.31
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NY Penal Law § 145.60: Making graffiti

New York Penal Law has several different offenses that are designed to punish those who damage property that belongs to another person. One such law makes it illegal to make graffiti. Graffiti is defined as defacing property by etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property. Under New York Penal Law § 145.60, you could be prosecuted for making graffiti if you:

  1. Make graffiti on the property of another person, and
  2. You do not have permission from the property owner to make graffiti.
Example

Angry that his friends were recently arrested on "bogus" charges, Michael spray painted graffiti on several private homes, a synagogue and a high school. The graffiti included derogatory references about members of the local police department. Michael could be prosecuted for making graffiti as he put graffiti on several pieces of property that he did not own, without the permission of the owners of the property.

Related Offenses
  1. Trespass: New York Penal Law § 140.05
  2. Possession of Graffiti Instruments: New York Penal Law § 145.65
  3. Criminal mischief in the fourth degree: New York Penal Law § 145.00
Defenses

Depending on the facts of your case, there are several possible defenses. If you can show that you own the property or that the owner of the property gave you permission, then you would have a defense to a charge of making graffiti.

Another possible defense is that while you did not have the intent of damaging the property but of enhancing property. However, it may be difficult to convince a court that the graffiti you made did indeed enhance the property particularly if you did not have permission from the owner to put graffiti on the property.

Sentence

Making graffiti is a Class A misdemeanor. Your punishment will be that you will have to spend up to a year in the county jail. However, there is also a good chance that the judge will not sentence you to jail, but will instead sentence you to a 3 year probation term. You may also be required to pay a fine, as well as pay restitution to the owner of the property.

New York Penal Law § 145.60: Making Graffiti
  1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.

  2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.

Contact the Law Offices of Stephen Bilkis & Associates

While you may not believe that making graffiti is a big deal, it is a crime. If you are charged with making graffiti you could end up in jail for up to a year and suffer financial consequences. In order to ensure that you receive the best possible defense given the facts of your case, it is important that you are represented by someone who has experience. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with criminal mischief as well as other felonies and misdemeanors such as grand larceny, burglary, and assault. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

Sours: https://criminaldefense.1800nynylaw.com/new-york-penal-law-145-60-making-graffiti.html

CHAPTER 1030
AN ACT providing for the punishment of offenses, constituting chapter

forty of the consolidated laws
Became a law July 20, 1965, with the approval of the Governor. Passed by

a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

CHAPTER 40 OF THE CONSOLIDATED LAWS

PENAL LAW
Article 1. General purposes (§§ 1.00-1.05).

5. General rules of construction and application

(§§ 5.00-5.10).

10. Definitions (§ 10.00).

15. Culpability (§§ 15.00-15.25).

20. Parties to offenses and liability through accessorial

conduct (§§ 20.00-20.25).

25. Defenses in general (§ 25.00).

30. Defense of infancy (§ 30.00).

35. Defense of justification (§§ 35.00-35.30).

40. Other defenses involving lack of culpability

(§§ 40.00-40.15).

55. Classification and designation of offenses

(§§ 55.00-55.10).

60. Authorized dispositions of offenders (§§ 60.00-60.37).

65. Sentences of probation, conditional discharge and

unconditional discharge (§§ 65.00-65.20).

70. Sentences of imprisonment (§§ 70.00-70.85).

80. Fines (§§ 80.00-80.15).

85. Sentence of intermittent imprisonment (§§ 85.00-85.15).

100. Criminal solicitation (§§ 100.00-100.20).

105. Conspiracy (§§ 105.00-105.35).

110. Attempt (§§ 110.00-110.10).

115. Criminal facilitation (§§ 115.00-115.15).

120. Assault and related offenses (§§ 120.00-120.70).

121. Strangulation and related offenses (§§ 121.11-121.14).

125. Homicide, abortion and related offenses

(§§ 125.00-125.60).

130. Sex offenses (§§ 130.00-130.96).

135. Kidnapping, coercion and related offenses

(§§ 135.00-135.75).

140. Burglary and related offenses (§§ 140.00-140.40).

145. Criminal mischief and related offenses

(§§ 145.00-145.70).

150. Arson (§§ 150.00-150.20).

155. Larceny (§§ 155.00-155.45).

156. Offenses involving computers; definition of terms

(§§ 156.00-156.50).

158. Welfare fraud (§§ 158.00-158.50).

160. Robbery (§§ 160.00-160.15).

165. Other offenses relating to theft (§§ 165.00-165.74).

170. Forgery and related offenses (§§ 170.00-170.75).

175. Offenses involving false written statements

(§§ 175.00-175.45).

176. Insurance fraud (§§ 176.00-176.80).

177. Health care fraud (§§ 177.00-177.30).

178. Criminal diversion of prescription medications and

prescriptions (§§ 178.00-178.25).

179. Criminal diversion of medical marihuana (§§

179.00-179.15).

180. Bribery not involving public servants, and related

offenses (§§ 180.00-180.57).

185. Frauds on creditors (§§ 185.00-185.15).

187. Residential mortgage fraud (§§ 187.00-187.25).

190. Other frauds (§§ 190.00-190.89).

195. Official misconduct and obstruction of public servants

generally (§§ 195.00-195.20).

200. Bribery involving public servants and related offenses

(§§ 200.00-200.56).

205. Escape and other offenses relating to custody

(§§ 205.00-205.65).

210. Perjury and related offenses (§§ 210.00-210.50).

215. Other offenses relating to judicial and other proceedings

(§§ 215.00-215.80).

220. Controlled substances offenses (§§ 220.00-220.78).

222. Cannabis (§§ 220.00-220-65).

225. Gambling offenses (§§ 225.00-225.95).

230. Prostitution offenses (§§ 230.00-230.40).

235. Obscenity and related offenses (§§ 235.00-235.24).

240. Offenses against public order (§§ 240.00-240.77).

241. Harassment of rent regulated tenants (§§ 241.00-241.05).

242. Offenses against service animals and handlers

(§§ 242.00-242.15).

245. Offenses against public sensibilities (§§ 245.00-245.15).

250. Offenses against the right to privacy (§§ 250.00-250.65).

255. Offenses affecting the marital relationship

(§§ 255.00-255.30).

260. Offenses relating to children, disabled persons and

vulnerable elderly persons

(§§ 260.00-260.34).

263. Sexual performance by a child (§§ 263.00-263.30).

265. Firearms and other dangerous weapons

(§§ 265.00-265.55).

270. Other offenses relating to public safety

(§§ 270.00-270.40).

275. Offenses relating to unauthorized recording of sound

(§§ 275.00-275.45).

400. Licensing and other provisions relating to firearms

(§§ 400.00-400.20).

405. Licensing and other provisions relating to fireworks

(§§ 405.00-405.18).

410. Seizure and forfeiture of equipment used in promoting

pornography (§ 410.00).

415. Seizure and forfeiture of vehicles, vessels and aircraft

used to transport or conceal gambling records

(§ 415.00).

420. Seizure and destruction of unauthorized recordings of

sound and forfeiture of equipment used in the

production thereof (§§ 420.00-420.05).

450. Disposal of stolen property (§ 450.10).

460. Enterprise corruption (§§ 460.00-460.80).

470. Money laundering (§§ 470.00-470.25).

480. Criminal forfeiture - felony controlled substance

offenses (§§ 480.00-480.35).

485. Hate crimes (§§ 485.00-485.10).

490. Terrorism (§§ 490.00-490.70).

496. Corrupting the government (§§ 496.01-496.07).

500. Laws repealed; time of taking effect (§§ 500.05-500.10).

Sours: https://www.nysenate.gov/legislation/laws/PEN

Code nyc penal

Criminal Mischief

New York Domestic Violence Arrest, Crimes & Laws

One of the more common non-violent and property related crimes handled by New York criminal defense lawyers is Criminal Mischief. Ranging from an “A” misdemeanor to a “B” felony, the punishment can be as “little” as up to one year in jail for violating New York Penal Law section. 145.00 to as much as twenty five years in state prison for violating New York Penal Law section 145.12.

Generally speaking, if you intentionally damage property without permission or authority or do so without any reasonable ground to believe you had such a right, then you have perpetrated Criminal Mischief. In some circumstances, even recklessly damaging property is criminal. The statutory basis for all Criminal Mischief crimes from New York City to Westchester County and beyond is the misdemeanor offense of Criminal Mischief in the Fourth Degree pursuant to New York Penal Law 145.00.

Criminal Mischief in the Fourth Degree: - New York Penal Law 145.00

You are guilty of Criminal Mischief in the Fourth Degree if (1) you intentionally damage another person’s property regardless of the amount of damage; or (2) you participate in the destruction of an abandoned building; or (3) you recklessly damage someone else’s property in an amount that exceeds $250.

As it is with the felony Criminal Mischief crimes, unless specified, the type of property is irrelevant, meaning, you could damage someone’s cell phone, television or clothing. It is the intent to do this damage without permission to do so.

NY Penal Law section 145.00 is an “A” misdemeanor punishable by up to a year in jail. First time offenders with verifiable local addresses may be issued a New York City Desk Appearance Ticket if they are arrested with this crime and it is not graffiti related.

Crimes Associated with Criminal Mischief in New York State

Because Criminal Mischief is a property crime, typical offenses that are charged with it are as follows:

In addition to these crimes, Criminal Mischief often “rears its head” in the domestic violence context.

Potential Defenses to Criminal Mischief in New York State

Although there is no such thing as a “one size fits all” defense to any crime in New York, experienced New York criminal defense attorneys know what to look for in any allegation. For example, did the complaint against you merely state there was “damage” or did the prosecution explain how the property was in fact damaged? Is there a facial insufficiency issue or a similar issue before the Grand Jury? What if the property was jointly owned? Can you still be convicted of Criminal Mischief? Even if you did not have permission to damage the property, did you have reasonable grounds to believe you did? If so, what establishes these grounds? These are merely a few of the issues and questions you should discuss with your New York criminal defense lawyers when analyzing your case and assessing the evidence.

Relevant Blog Entries: New York Graffiti Defense

For additional information on New York property crimes including Criminal Mischief, Making Graffiti, Burglary and others, please review the Crotty Saland PC website or the New York Criminal Lawyer Blog. The New York Criminal Lawyer Blog contains criminal statutes, legal decisions and newsworthy cases.

Founded by two New York criminal defense attorneys who served as prosecutors in the Manhattan District Attorney’s Office, Crotty Saland PC represents the accused throughout New York City and the area.

Call us at (212) 312-7129 or contact us online today.

Sours: https://www.new-york-lawyers.org/criminal-mischief.html
Criminal Law - Introduction

DCJS Charge Code Manual

Revised September 27, 2021

The Charge Code Manual has been updated to include laws on the DCJS coded file as of the date noted above. Only currently active laws are included; repealed laws are not shown. You can obtain charge code information in two report formats: pdf and excel. (You can save the report and then reformat it, if desired.) Also, you can easily search on a law description, or portion of a description, in order to find a particular law. All law titles, not just penal and vehicle and traffic laws, are included.

Note: Only currently active laws are included; repealed laws are not shown on these reports.

Charge Code Manual - PDF
Charge Code Manual - Excel

A listing of all non-fingerprintable laws on the coded file is also now available. It includes all law titles and repealed laws.

Non-Fingerprintable Laws - PDF
Non-Fingerprintable Laws - Excel

If you have questions or comments, please contact the ITS Service Desk at 1.844.891.1786 or via email at [email protected] Users with access to eJusticeNY may also send questions or comments to DCJS via the Feedback link under Message Services.

Sours: https://www.criminaljustice.ny.gov/crimnet/ccman/ccman.htm

You will also like:

New York Assault Crimes: NY Penal Law Article 120

Whether you are accused of a felony or misdemeanor Assault, it is extremely important that you retain a competent and qualified lawyer to carefully review your case, establish the strongest legal defense, or move to dismiss the charges. While the fear of being accused of a crime, a knock on the door by a NYPD detective and even being issued a NYC Desk Appearance Ticket may be overwhelming, paralysis or a delay in implementing the best strategy can be catastrophic.

Definitions, Elements and Hypothetical Scenarios

The New York Penal Law distinguishes between three different levels or degrees of Assault. All codified in Article 120, these offenses are Penal Law sections 120.00, 120.05, and 120.10. Each of these crimes have their own unique elements, as well as their own penalties to address with your legal counsel.

Third Degree: Definition and Example

As defined in Penal Law 120.00(1), Assault in the Third Degree, a Class “A” misdemeanor, is based on the premise you caused a “physical injury” to your targeted person and it was your intent to hurt him or her in such a manner. Penal Law 120.00(2) is similar in that the physical injury you are accused of inflicting involved “substantial pain,” but this subsection and theory is based on charge of reckless, not intentional, behavior.

Possibly the most common example is an allegation that a person punched someone once, or some limited number of times, and that the victim then suffered “substantial pain” from that punch. These injuries often include bruising or redness and may even cause some bleeding but no long-term damage.

Second Degree: Definition and Example

Penal Law 120.05, Assault in the Second Degree, is a vastly more dangerous a crime than the lesser misdemeanor offense. In fact, this degree is a “violent felony offense.” While there are numerous subsections allowing for different theories, the most common of these class “D” felonies are charged through the first three subsections. You should expect the District Attorney to prosecute you post-arrest for Penal Law 120.05(1) if the evidence establishes your intent to cause, and you in fact caused, a “serious physical injury.” In addition, you can face this charge after an arrest alleging that you caused a lesser physical injury through the use of a “dangerous instrument” or “deadly weapon.” Again, not different in terms of the sentence you may face, this crime is established through Penal Law 120.05(2).

While maybe not as commonly charged in a felony complaint or an indictment, there are other felony crimes available to the District Attorney for presentation to a Grand Jury. These include Penal Law 120.05(3) where certain people such as nurses, firefighters, paramedics, police officers, and other classes of workers are intentionally and physically injured while performing heir essential services with the goal of preventing them from doing so. Penal Law 120.05(4) involves a reckless act where you use a dangerous instrument to cause the lesser physical injury to that person. Penal Law 120.05(8) and Penal Law 120.05(9) respectively, require that you intentionally try to cause a physical injury but recklessly caused a serious one or that being older than eighteen you intentionally caused a physical injury to a person ten years of age or less.

There are many more subsections and theories that you must examine with your own criminal lawyer. The arrest for one does not preclude being charged in a criminal court with other crimes.

A circumstance elevating a charge to this class “D” felony is where the injuries are more severe and constitute “serious physical injury,” or where a weapon was used in the commission of the crime, which can include anything from a broken bottle to a shoe.

First Degree: Definition and Example

Assault in the First Degree, Penal Law 120.10, is without exception the most devastating of these charges regardless of whether you are faced with a felony arrest, indictment or trial. Penal Law 120.10 does share some common ground with the lesser felony offenses but packs a far greater punch and a potential for incarceration well beyond just about any crime found in the Penal Law. Just like the lesser crimes, Penal Law 120.10 has other viable causes of action and additional subsections, but the most common offense involves the intentional infliction of serious physical injuries that cause long term protracted consequences to health and even disfigurement.

One possible theory, and an extremely common violation codified in Penal Law 120.10(1), allows for your prosecution in NYC or any Hudson Valley county if a combination of the two scenarios for Assault in the Second Degree both are present – that is if you intentionally cause a serious physical injury to another person and you use a deadly weapon or dangerous instrument to do so. Moreover, a person may be charged with this crime if they intend to seriously disfigure a person, or they permanently disable them as set forth in Penal Law 120.10(2).

Penalties and Punishment

The penalties, if convicted, depend on the degree of the charge and the corresponding classification of that offense. Assault in the Third Degree is an “A” misdemeanor and is therefore punishable by up to one year in the local jail, such as Rikers Island, three years probation, or lesser penalties such as a conditional discharge, fines, community service, and/or surcharges. Assault in the Second Degree is a “D” violent felony and is therefore punishable by time in state prison – a presumptive mandatory two years up to seven years or five years probation. Assault in the First Degree is a “B” violent felony with a sentence up to 25 years in prison and a minimum of five years in prison.

Related Offenses and Collateral Issues

Assault is very general term that takes many different forms and permutations in the Penal Law. Interestingly, the term in New York applies to what is traditionally known elsewhere as Battery. Being one of the most generic and all-encompassing types of crime, the offenses come in many different “flavors” all of which are separated and specified by law. In addition to the various degrees, the NY Penal Law specifically refers to numerous others ranging from Reckless Assault of a Child, PL 120.02, and Vehicular Assault, PL 120.03, to Gang Assault, PL 120.06, and Assault on a Peace Officer, Police Officer, Firefighter, or Emergency Medical Services Professional, PL 120.08..

Irrespective of which offense you find yourself accused of, know that there are immigration consequences to an arrest , reporting and employment issues for individuals working for the City of New York, MTA and other governmental agencies, and reporting concerns relating to FINRA and other licensure and certification in the professional fields such as medicine.

Your Case, Your Defense, Your Future

A defense that may work for one case may not work for another. Each defense is case specific and should be vetted with your criminal defense lawyer. The following are some potential areas of law and legal defenses to the crime and other crimes found in the Penal Law:

  • Degree of Injury Not Sufficient
  • Self Defense
  • Improper Identification (Lineup, Show up, etc.)
  • Search & Seizure Issues
  • Coerced or Improper Statement / Admission

Again, the above list consists of general concepts and is only a fraction of potential defenses. Your defense may or may not fall within these general concepts. Regardless, each of these may be something to address with your attorney in the event you are arrested for these charges.

When faced with a potential indictment or trial or exposed to incarceration in either a county jail or state prison, there is no substitution for knowledge, experienced and advocacy. In your time of need, contact the criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC to implement your best defense and protect your name, integrity, liberty and future.

Call the defense lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.

Sours: https://www.new-york-lawyers.org/assault.html


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