{"id":375213,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-assault-and-battery-laws.html"},"modified":"2018-03-26T14:49:00","modified_gmt":"2018-03-26T19:49:00","slug":"new-york-assault-and-battery-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-assault-and-battery-laws.html","title":{"rendered":"New York Assault and Battery Laws"},"content":{"rendered":"\n
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New York Assault and Battery Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Overview of New York Assault and Battery Laws<\/h2>\r\n

New York criminal law prohibits varying forms of assault. The basic requirement for any assault<\/a> conviction is that the defendant cause physical injury. Factors such as the seriousness of the injury, the use of deadly weapons, and the mental culpability of the defendant determine the degree of his or her offense.<\/p>\r\n

Examples of New York Assault Offenses <\/h2>\r\n

Intentional assault offenses<\/a> require differing degrees of intent on the defendant’s part<\/a> to cause physical injury. Where intent to cause serious physical injury is an element of the offense, the prosecution must prove that the defendant intended to cause serious<\/i> physical injury beyond a reasonable doubt. This specific intent requirement applies to first-degree and certain second-degree assault offenses.<\/p>\r\n

On the other hand, where the prosecution need only establish an intent to cause physical injury, no additional specific intent need be proved, and the defendant’s intent may be established by his or her acts or conduct, the surrounding circumstances, or inference.<\/p>\r\n