PL 120.05 · Article 120
Assault in the Second Degree
Second-degree assault covers several situations, including causing serious physical injury on purpose, causing an injury with a deadly weapon or dangerous instrument, and injuring protected workers such as police, firefighters, transit and medical personnel.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You engaged in the specific conduct described by the subsection charged.
- You caused the physical injury or serious physical injury that subsection requires.
- You acted with the intent or recklessness that subsection requires.
- Any extra fact the subsection needs existed — a deadly weapon, a protected occupation, a duty being performed, or a specified age.
Defenses that commonly apply
- The injury does not reach the level the charged subsection requires.
- The prosecution cannot prove the required intent.
- The weapon, protected status or duty-related element is missing.
- Your use of force was legally justified.
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to Up to $5,000.
This is a violent felony offense. Seven years is the ordinary maximum; qualifying priors change the sentencing picture and post-release supervision may apply.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
Related practice areas
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