[nagdu] . Assault. [In NY Penal Law]. Marion.

[Artie.]

    Marion, I worked the courtrooms in the Criminal and Civil parts of the Court for a quarter of a century.  I got to be quite familiar with the NYS Penal Law, V&T [Vehicle & Traffic] Law, CPL [Criminal Procedure Law], CPLR [Civil Practice Law & Rules], RPAPL [Real Property Actions and Proceedings Law], and the UDCA [Uniform District Court Act].

    In the NYS Penal Law, it is "Assault" when a person strikes another person.

    Assault in the Third Degree was Section 120.00, a Class A Misdemeanor.  There was no word "battery".  The word "battery" didn't ever come up; it didn't exist. 

    Assault in the second Degree was a felony, of a lesser class of crime than Assault in the First degree , the higher class of Felony.    Again, no word "battery". 

    Harassment, Section 240.25-1 spoken as 240 point 25 subdivision 1.  when a person, with intent to harassor alarm another person, strikes the other person, ---". 

    This is classified as a "violation" in the Penal Law, not a misdemeanor.  Again, no word "battery".

    Artie.
===============.
From: "Marion Gwizdala" 
Sept. 22, 2011 8:30 AM
Subject: Re: [nagdu] . Social Security guard faces arrest ---.


Artie,
    I find this very difficult to believe. Battery is a basic legal construct that is part of every penal code. What term does NY use to refer  to the illegal touching of another?

Fraternally yours,
Marion