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Elements of Second Degree Assault

Second Degree Assault

Assault is defined as the act of causing harm or injury to an individual at the hands of another. Although there exists circumstances in which assault is not deemed to be willful, the traditional definition of assault constitutes premeditation and purpose.

With the exception of first degree assault, second degree assault is considered to be the most serious assault charge, followed by third degree assault and fourth degree assault. Second degree assault, or assault in the second degree, is defined as the purposeful attacking of one individual by another with the purposeful, expressed intent of causing harm or damage.

In order to be considered second degree assault, one or more of the following circumstances must take place within the act of assault:

· The use of a weapon that is not considered a firearm. Assault with the use of a firearm is classified as first degree assault.
· The expressed intent of causing serious bodily injury.
· The expressed intent of harming a family member, spouse, or other individual.
· Acting intentionally and willingly.

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