ASSAULT/DV

A person is guilty of assault if he/she inflicts bodily injury or causes fear of imminent harm to another person.
The degrees of assault depend on the degree of harm intended.

    • First Degree Assault: Intent to kill a human being
    • Second Degree Assault: Knowingly inflicts grievous bodily harm with or without a weapon; knowingly assaults another with a weapon likely to produce bodily harm; or knowingly assaults another with intent to commit a felony.
    • Third Degree Assault: Under circumstances not amounting to First or Second Degree prevents or resists the execution of any lawful process – Resisting arrest –

Homicide:
A person is guilty of homicide if he/she intentionally or recklessly causes the death of another person.
There are different degrees of homicide affected only by the defendant’s culpability. Therefore, the only difference is the mens rea and aggravating circumstances.

  • First Degree Murder: Defendant commits the crime of murder. Under circumstances manifesting an extreme indifference to human life or creates a grave risk of death to any person.
  • Second Degree Murder: With intent to cause the death of another person but without premeditation, he/she causes the death of such person or a third person.
  • First Degree Manslaughter: Defendant recklessly causes the death of another person.
  • Second Degree Manslaughter: With criminal negligence, Defendant causes the death of another person.