2nd Degree Assault and the Other Degrees of Assault Explained

Second degree assault is, in most states that use degrees, a felony: an assault that causes serious injury, involves a weapon, or targets a protected person like a police officer. States grade assault by three things: how badly someone was hurt, whether a weapon was used, and what the person intended. The names differ. Some states use first, second and third degree, others use simple and aggravated assault.

New York's three degrees show how the grading works:

Degree	What it generally covers (shortened)	Class in New York
Third degree (§ 120.00)	Intending to cause physical injury and causing it, or causing it recklessly	Class A misdemeanor
Second degree (§ 120.05)	Intending serious physical injury and causing it, or causing injury with a deadly weapon or dangerous instrument, or injuring certain protected workers, among other cases	Class D felony
First degree (§ 120.10)	Causing serious physical injury with a deadly weapon or dangerous instrument, or intending to disfigure, among other cases	Class B felony

Each section lists several ways to commit the crime, and the table shortens them. We checked the class in each section on November 7, 2026.

The factors that raise the degree

Factor	Example of what moves it up
Level of injury	"Physical injury" (pain, impairment) vs "serious physical injury" (risk of death, lasting harm)
Weapon	A gun or knife, or an object used as a weapon, like a bat or a car
Intent	Meaning to hurt someone badly vs acting recklessly
Victim	Police, firefighters, nurses, transit workers, children or older people in many states
Other crime	Assault during a robbery or another felony

Assault with a deadly weapon

Many states use "assault with a deadly weapon" as its own crime or as a factor in aggravated assault. A deadly weapon can be a gun or knife, and often anything used in a way likely to cause death or serious injury. In New York, causing injury with a deadly weapon or dangerous instrument is one form of second degree assault. Because it usually makes the charge a felony, the penalty difference is large.

Assault and battery

Some states separate the two: assault is the threat or attempt, and battery is the actual harmful contact. Others, like New York, use "assault" for causing injury and other names, such as menacing or harassment, for threats. That's why the same act can have different names across states.

What a felony grade means

Under federal law and most states' laws, a felony is a crime punishable by more than a year in prison (18 U.S.C. § 3559 for federal offenses). Beyond the sentence, a felony conviction can affect gun rights, voting in some states, jobs, housing and immigration status.

Questions to ask a defense lawyer

1. Which section and subsection am I charged under?
2. What does the prosecution have to prove about the injury and my intent?
3. Is self-defense or defense of others an issue?
4. Can the charge be reduced to a lower degree or a misdemeanor?
5. What happens to my record if the case is dismissed? See case dismissed with or without prejudice.