Clarifies the definitions of "physical injury" and "serious physical injury"

Summary of provisions

Section One - Subdivisions 9 and 10 of Section 10.00 of the Penal Law, as amended by Chapter 791 of the Laws of 1967, are amended to redefine "physical injury" and "serious physical injury."

Section Two - Subdivision 1 of Section 120.05 of the Penal Law is amended to change the standard of intent necessary for a person to be charged with assault in the second degree when a serious physical injury occurs.

Justification

The current law defining the various degrees of assault and their punishments are woefully inadequate. This bill addresses the foundation inadequacy of definitions that fail to correspond with the terms as they are commonly understood by the citizens of the state.

For example, under current law, assault in the 3rd degree as set forth in Section 120.00 of the Penal Law is a Class A Misdemeanor. A defendant commits assault in the 3rd degree when he/she intentionally or recklessly causes physical injury to another person. Physical injury is currently defined in Penal Law Section 10.00 (9) as "impairment of physical condition or substantial pain."

All too frequently, courts have failed to find that 'physical injury' was inflicted and therefore convicted defendants on a lesser charge of a violation in spite of evidence of injuries including bleeding, bruises, dizziness and other inflictions. By expanding the definition of 'physical injury', this legislation will make sure that defendants who are guilty of assault cannot easily plea down to lesser offenses.

As there is no Class E felony statute, assault in the 2nd degree is defined as a Class D felony in Penal Law Section 120.05 (1) as "with intent to cause serious physical injury to another person, he causes such injury to such person..." Serious physical injury is currently defined in Penal Law Section 10.00 (10) as "physical injury which creates a substantial risk of death, or which causes death or serious

and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ." This definition has clearly not kept up with advances in emergency medicine nor does it recognize the serious nature of injuries that would not fall neatly into the above definition. Such a scenario would mean that a victim could face excruciatingly painful and serious injuries as a result of being assaulted but due to advances in medicine their attacker may only be charged with assault in the 31d degree if only 'physical injury' was recognized under current definitions.

Also, at issue is being able to prove the intention of serious physical harm by an attacker. Sometimes, a punch can lead to a traumatic brain injury or other serious medical condition. However, case law in New York is clear that a single punch does not demonstrate intent to cause such a serious injury even if that is the outcome. Individuals should be held responsible for the injuries inflicted on another human being whether they cause physical injuries or serious physical injuries.

The goal of this legislation is to not only update the definitions clarify the seriousness of the injuries a person has sustained but also to clarify what culpable state of mind is necessary for a person to be charged with assault in the 2nd degree.

Legislative history

S.8231 of 2010

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.