The National Trial Lawyers
Avvo Rating 10.0
Avvo Clients' Choice
Avvo Rating Superb
Expertise Badge
Avvo Clients' Choice

Penal Law Section 120.05: Assault in the Second Degree (MTA and subway employees)

The Law Office of Matthew Galluzzo, PLLC Team

Recently, a video of a fight between a bus driver and a passenger in Cleveland has gone viral and sparked a great deal of debate. To summarize, a passenger on a Cleveland bus captured cell phone footage of a male municipal bus driver in a profane argument with a female passenger that had refused to pay the fare. The argument escalated when the passenger spat on the bus driver and struck him while he was sitting in the driver seat (it is unclear whether the bus was in motion at that moment). The bus driver then stood up and unloaded a fierce uppercut to the passenger’s chin. Both parties have since been arrested in connection with the incident. The bus driver is now charged with assault and the passenger with the lesser charge of disorderly conduct.

However, if this incident had occurred in Brooklyn, for example (or somewhere else in New York), the more serious charges would have probably been leveled against the passenger. This is because it is a felony for a person to assault a municipal bus driver, whereas it is only typically a misdemeanor for a bus driver to strike a person. Specifically, Penal Law Section 120.05 (Assault in the Second Degree), subsection 11, makes it a Class D violent felony to “cause physical injury to any train operator, ticket inspector, conductor, bus operator or station agent … employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions… while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.” Class D violent felonies carry potential sentences from 2 1/3 to 7 years in jail, and an attempt at this crime would be a Class E nonviolent felony.

In short, it is a felony to assault or attempt to assault a bus driver or subway worker while he or she is on the job. The charge is essentially the same as it would be for an assault on a police officer, paramedic, EMT or fireman (Penal Law Section 120.05[3]), or a reckless assault causing serious physical injury by an adult on a child less than 11 years old (Penal Law Section 120.05[8], or an intentional assault by an adult upon a child less than 7 years old (Penal Law Section 120.05[9]), or an assault on a school employee on school grounds (Penal Law Section 120.05[10]).

If you or a loved one have been accused of a Assault in the Second Degree, you should consider contacting an experienced criminal defense attorney immediately.

Client Reviews

I found myself in such a dark place thinking only God could understand and help me through this horrible situation. But Matthew Galluzzo did. And he did so in a very kind, compassionate and respectful manner. Enough said.

Client

Matthew Galluzzo saved the day when the unthinkable happened. Every phone call was returned within minutes. All email correspondences were replied to expeditiously. Matt handled our case as if it was a member of his own family in the courtroom. Despite all the obstacles along the way, Matt's legal...

Kate

In less than an hour of assessing my case, Mr. Galluzzo had a clear direction and evoked a confident demeanor that was infectious. During the course of several court appearances he was always prepared, and took more than a personal interest when errors in court procedure occurred. Mr. Galluzzo...

Client

We hired Matt when my son was arrested on several very serious felony charges. Matt is not only very knowledgeable about the law, he genuinely cares about his clients. He was patient and professional, inside the courtroom and out, in what turned out to be a very long process. He worked closely with...

Client

Get in Touch

  1. 1 Over 20 Years of Experience
  2. 2 Available 24/7
  3. 3 We Fight for You!
Fill out the contact form or call us at (212) 344-5180 to schedule your consultation.

Leave Us a Message