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This video is about the charges of New York State Assault in the 3rd degree (misdemeanor), New York Assault in the 2nd degree (felony), and harassment as a violation (non-criminal).

Harassment is usually just a push or shove.

§ 240.26 Harassment in the second degree.

A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.

New York Under State Penal Law section 120.00 Assault in the Third Degree, aka assault 3, or assault 3rd. Is the first crime level of physical criminal behavior.

The essential element of the Prosecution's (the District Attorney) case in proving you guilty of assault 3 is the causing of a "physical injury" to another person.

The essential element of the Prosecution's (the District Attorney) case in proving you guilty of assault 3 is the causing of a "physical injury" to another person.

Physical injuries vary greatly by degree and by the crime charged. Are these "substantial" injuries? Are they lingering (permanent)? Are there any aftereffects from the injuries?

For NYS Assault 3, New York State law defines physical injury under Penal Law section 10.00 (9):

Physical injury is defined as one that causes impairment of someone's physical condition or substantial pain. So they (the DA) must SHOW (Demonstrate) impairing injuries or substantial injuries to prove you guilty of Assault 3rd.

This is an objective measure, not a subjective one. My wife is a nurse, and I can tell you what someone thinks (or feels) is painful varies greatly person to person. Some people think everything is a level 15 on a scale of 1 to 10.

see my blog post, Getting Past the Reptilian Brain in Defending NYS Assault 3rd here:

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The next level of assault that is classified as a felony is called Assault in the 2nd. It jumps up to that level when you use a weapon, cause serious injuries, and/or cause injuries to a law enforcement officer, paramedic, or firefighter in their line of duty.

Often police will charge people with Assault without the necessary damages. Always consult with an attorney about any charges you have pending to discuss your options and/or defenses.

I am a DWI, Criminal Defense, and Personal Injury Attorney in Ithaca, NY. I know the law; I also know the science. Because of past medical training, with degrees in Human Biology and Chiropractic, my wealth of knowledge about human physiology and the science surrounding DWI and personal injury is your asset. My practice focuses on the defense of DWI and representing those hurt in car and truck accidents. I offer a FREE initial consultation to review the complaint against you, explain your rights and options, and how I can best protect, defend, and represent you. When we talk, I'll also explain my fees and payment policies. I am available at 607-229-5184, or send me an email at newman.lawrence@gmail.com

I am certified as a Breath Alcohol Technician, and in Field Sobriety Testing. I am a member of the National College of DUI Defense

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