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

[Cindy Ray]

Don't people sometimes get charged with "assault and battery?" Or is that just in the movies. If it is real, then what exactly would that mean. Really curious about this now.
Cindy

On Sep 23, 2011, at 1:58 PM, Marion Gwizdala wrote:

> Artie,
>   You are correct! I did a little research and found that the penal code of New York refers to what is commonly called "battery" in other jurisdictions as "assault" - the unlawful touching of another with "aggravated assault" being an unlawful touching of another using a weapon or with the intent of inflicting grave bodily harm. The term other jurisdictions call "assault" is known as "menacing" in New York and is the overt behavior of another with the intention of creating fear or intimidation. So, even though the term "battery" is not used in NY law, the offense is a part of the penal code.
> 
> fraternally yours,
> Marion Gwizdala
> 
> 
> 
> 
> 
> ----- Original Message ----- From: "Artie." <anolden at tampabay.rr.com>
> To: "NAGDU" <nagdu at nfbnet.org>
> Sent: Thursday, September 22, 2011 6:27 PM
> Subject: Re: [nagdu] . Assault. [In NY Penal Law]. Marion.
> 
> 
>> 
>> 
>>   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
>> 
>> 
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