Section 378 of the Penal Law broadly defines assault: striking a person, touching him, pushing him, or applying force to his body in another way, directly or indirectly, without his consent or with consent obtained by fraud.
What is assault under the law?
Section 378 of the Penal Law broadly defines assault: striking a person, touching him, pushing him, or applying force to his body in another way, directly or indirectly, without his consent or with consent obtained by fraud. The definition also includes the application of light, heat, smell, gas, or anything else, if applied to a degree capable of causing harm or discomfort. The meaning: even a light push, grabbing a garment, spitting, or pouring a drink on a person may constitute criminal assault.
The punishment and the hierarchy of offenses
Simple assault under Section 379, assault that did not cause actual bodily harm: up to two years of imprisonment. Assault causing actual bodily harm under Section 380: up to 3 years of imprisonment. Above them is the scale of aggravating circumstances: assault by two or more persons, assault of a spouse, a minor, or a helpless person, which double the punishment. "Actual bodily harm" has been interpreted broadly in case law: even red marks, scratches, and swelling are included, so the line between two and three years of imprisonment sometimes turns on a single scratch.
An offense committed by normative people
Simple assault is the most common street offense: neighbor disputes, confrontations on the road, pushing in line, conflicts between parents at the children’s football field. People with no criminal record at all suddenly find themselves questioned under warning, and an indictment, even over a push, creates a criminal record that harms employment, licenses, and the future. The good news: it is precisely in these cases that the broadest possibilities exist for ending the case without an indictment, closure for lack of public interest, a conditional arrangement, and later also conclusion without a conviction.
Lines of defense
Self-defense: a person who repelled an assault against him is exempt from liability, provided that the force was reasonable and necessary; consent, in sports activity and in play; lack of mens rea; and contradictory versions without objective evidence, in most cases there are no cameras, and it is one word against another. The first version in questioning is decisive: whoever rushes to apologize and admit, gives up defenses that were available to him. Consult before you are questioned.
Legal representation in assault cases
Israel Arama, former member of the Tel Aviv District Attorney's Office, represents suspects and defendants in assault offenses of all degrees, and works to conclude the case at the earliest possible stage and without a record. Contact us for an initial consultation without obligation.
What is assault under the law?
Section 378 of the Penal Law broadly defines assault: striking a person, touching him, pushing him, or applying force to his body in another way, directly or indirectly, without his consent or with consent obtained by fraud. The definition also includes the application of light, heat, smell, gas, or anything else, if applied to a degree capable of causing harm or discomfort. The meaning: even a light push, grabbing a garment, spitting, or pouring a drink on a person may constitute criminal assault.
The punishment and the scale of offenses — what is important to know?
Simple assault under Section 379, assault that did not cause actual bodily harm: up to two years of imprisonment. Assault causing actual bodily harm under Section 380: up to 3 years of imprisonment. Above them is the scale of aggravating circumstances: assault by two or more persons, assault of a spouse, a minor, or a helpless person, which double the punishment. "Actual bodily harm" has been interpreted broadly in case law: even red marks, scratches, and swelling are included, so the line between two and three years of imprisonment sometimes turns on a single scratch.
An offense committed by normative people — what is important to know?
Simple assault is the most common street offense: neighbor disputes, confrontations on the road, pushing in line, conflicts between parents at the children’s football field. People with no criminal record at all suddenly find themselves questioned under warning, and an indictment, even over a push, creates a criminal record that harms employment, licenses, and the future. The good news: it is precisely in these cases that the broadest possibilities exist for ending the case without an indictment, closure for lack of public interest, a conditional arrangement, and later also conclusion without a conviction.
Lines of defense — what is important to know?
Self-defense: a person who repelled an assault against him is exempt from liability, provided that the force was reasonable and necessary; consent, in sports activity and in play; lack of mens rea; and contradictory versions without objective evidence, in most cases there are no cameras, and it is one word against another. The first version in questioning is decisive: whoever rushes to apologize and admit, gives up defenses that were available to him. Consult before you are questioned.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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