Quote Originally Posted by CS1983 View Post
As for intent, that shouldn't matter when something actually occurs in order for it to meet a criminal onus for X, assuming X does not factor intent.
Well, if you don't think elements of the offense matter then there's really no reason to discuss further. That's exactly why there are differing levels of assault, sex assault, murder, etc. Intent matters a lot.

Quote Originally Posted by CS1983 View Post
Reversing the roles, what do you think the likely result would be if the old man shoved the cop, not intending to have him strike his head on the ground, but it resulted not only in that, but also blood pouring from his ear and being admitted to the hospital in serious condition?
Well, he'd be in trouble. For good reason the penalty for assaulting public servants (not just cops) is greater than it is for ordinary citizens. Just like elderly and the very young have protected status. But let's not forget... That isn't what happened here. I'm not trying to defend the outcome here. I'm really not. I'm trying to look at this objectively. That really seems to be something a lot of people not only won't do, but can't do. There's a reason "totality of the circumstances" is important.

Quote Originally Posted by CS1983 View Post
Any way, NY State law doesn't require intent for Assault 2.
DEFINING NY PENAL LAW 120.05(1)
You are guilty of Assault in the Second Degree, NY Penal Law 120.05(1), if you have the intent to cause serious physical injury to someone and actually cause serious physical to that person or another person.
https://www.new-york-lawyers.org/ass...other%20person.