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Second Degree Attempted Assault is a Crime of Violence

Attempted Assault 2nd Degree

In Violation of NYPL 120.05


The Second Circuit concluded that a conviction for attempted assault in the second degree is a crime of violence and therefore an aggravated felony. See United States v. Cooper, 23-6911 (2d Cir. March 14, 2025).



The Second Circuit has determined that a New York conviction for second degree attempted assault under NYPL 120.05(7) is a crime of violence because it requires physical force causing injury to another person. Given the similarity between the definition of a crime of violence for immigration and criminal sentencing purposes, this case will likely be treated as precedential for immigration purposes as well.

Full text of United States v. Cooper, 23-6911, (2d Cir. March 14, 2025) can be found here:

https://ww3.ca2.uscourts.gov/decisions/isysquery/9fb1ca2c-a88a-4517-8f92-8c712c43b46f/3/doc/23-6911_opn.pdf

**Must update with citation once available.

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