RE: What does it mean by second degree?
First Degree Murder: An intentional killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated action.
Second Degree Murder: Homicide committed by an individual engaged as a principal or an accomplice in the perpetration of a felony.
Third Degree Murder: Any other murder (e.g. when the intent was not to kill, but to harm the victim).
Assault in the Third Degree
Third Degree Assault is defined as “knowingly or recklessly causing bodily injury to another person.” (In rare cases, a different definition is used based on accidentally causing injury with a deadly weapon.) Notice that there has to be “injury” in order for the charge to be supported. However, pain, by itself, constitutes injury – even if there was no physical damage to the person assaulted. As shown in the table above, the maximum sentence for this type of assault is two years in the county jail.
Assault in the Second Degree
There are several different definitions of Second Degree Assault. A person will be found guilty if a jury believes that the District Attorney has proven any one of the following definitions beyond a reasonable:
1.The Defendant intentionally caused bodily injury to another by the use of a deadly weapon.
2.The Defendant recklessly caused serious bodily injury to another by the use of a deadly weapon.
3.The Defendant intended to cause any injury, and caused serious injury.
4.The Defendant caused injury to anyone while intentionally trying to hinder the police or firefighters.
5.The Defendant knowingly applied violent force to (certain) government officials.
6.The Defendant intentionally drugged someone without their consent / knowledge.
Definitions numbered 1 through 4 above are considered to be “Crimes of Violence,” and carry mandatory prison sentences following a conviction. In such cases, the judge must sentence the defendant to at least 5 years in prison for Second Degree Assault.
Assault in the First Degree
There are also several different definitions for First Degree Assault. A Defendant will be convicted if a jury is convinced that any one of the following definitions has been proven by the District Attorney:
The Defendant intended to cause serious injury, and does in fact cause serious injury.
The Defendant intended to, and in fact did, seriously disfigure or disable another person.
The Defendant, acting with “extreme indifference to the value of human life,” knowingly created a grave risk of death, and by doing so caused serious bodily injury.
The Defendant threatened a police officer, firefighter, judge, or prison staff with a deadly weapon, and in doing so caused serious injury.
A first-degree sprain stretches the ligaments but does not tear them. Signs and symptoms may include:
Mild to moderate swelling and pain
A stable joint that does not feel loose or wobbly
A second-degree sprain partially tears the ligaments. Signs and symptoms may include:
Moderate to severe pain and swelling
Mild to moderate instability
First Degree Burns
First degree burns usually result in redness to the top layers of the skin. The skin may feel warm and painful to the touch. There are many causes of first degree burns including hot water from the sink and sunburn.
Most first degree burns can be treated at home. First, run the burned area under cold water. Then apply a soothing cream, such as aloe, to the burn and cover with a loose gauze bandage. Over the counter pain killers might be useful to ease discomfort.
Second Degree Burns
A burn that results in red, blistering skin is a second degree burn. The deeper layers of the skin are affected with this degree of injury and the victim is usually in significant pain. Second degree burns can be caused by flames, chemicals, hot liquids and other catalysts.
While some second degree burns can be treated at home, the pain is usually significant enough to warrant a trip to the doctor or hospital. Also, victims of second degree burns might be at risk of shock so they need to be closely monitored. The burn should be treated similarly to a first degree burn, however it is important to prevent infection in the blisters and therefore an antiseptic ointment is often advised.
Third Degree Burns
Third degree burns go all the way through the skin. The most common causes of this severe injury are electricity, chemicals and fire. Skin that has been damaged by a third degree burn may appear black or white. The nerve endings have been destroyed so the affected area might not hurt but the area adjacent to it will likely hurt. A burn of this severity may cause the victim to go into shock.
Third degree burns require medical treatment as quickly as possible and usually require hospitalization. The patient will need IV fluids, antibiotics and likely prescription pain medication. The patient also may need help breathing. The burns will be cleaned and antiseptic