Legal Question in Criminal Law in New York

Attempted Murder and Assault

What is the difference between ''Attempted Murder, in the 1st and 2nd degree? Also, what is the difference between ''Attempted Assault, in the 1st and 2nd degree?


Asked on 1/28/08, 12:11 am

3 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Attempted Murder and Assault

In the Attempted Murder situation, the level of the attempt depends on whether the victim is a police or corrections official or if he is a lay citizen.

In the Attempted Assault the difference is in the intent of the actor and also in the damage he wreaks or could have wreaked. Additionally the weapon used is also at issue. You can look up the differences in laws by going to this site:

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Leave a donation after using the site so others will find it there when they go looking for law.

If you or a loved one has been charged with either of these crimes and is looking for a lawyer, you may contact me by clicking on the links below.

Good Luck

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Answered on 1/28/08, 2:06 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Attempted Murder and Assault

In the Attempted Murder situation, the level of the attempt depends on whether the victim is a police or corrections official or if he is a lay citizen.

In the Attempted Assault the difference is in the intent of the actor and also in the damage he wreaks or could have wreaked. Additionally the weapon used is also at issue. You can look up the differences in laws by going to this site:

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Leave a donation after using the site so others will find it there when they go looking for law.

If you or a loved one has been charged with either of these crimes and is looking for a lawyer, you may contact me by clicking on the links below.

Good Luck

Read more
Answered on 1/28/08, 2:06 am
James Kats James S. Kats, Esq.

Re: Attempted Murder and Assault

First degree murder requires special factors, such as the victim being a police officer.

First degree assault requires more severe injuries than second degree and/or a deadly weapon.

Each of these crimes has several variables; there are a few different ways of committing assault 1st and 2nd.

James S. Kats, Esq. www.lawjsk.com

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Answered on 1/28/08, 9:21 am


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