Throwing Birdseed Not Yet a Felony

Today, on FelonyWatch, we visit lovely Bloombertopia, where Augusta Kugelmas, pigeon lover, threw birdseed at an overzealous and power-mad park volunteer who wanted to stop Augusta from feeding the birds. Augusta has been charged with third degree assault.

FindLaw.Com indicates that this is not yet a felony in New York:

    S 120.00 Assault in the third degree.

    A person is guilty of assault in the third degree when:

    1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
    2. He recklessly causes physical injury to another person; or
    3. With criminal negligence, he causes physical injury to another
      person by means of a deadly weapon or a dangerous instrument.

    Assault in the third degree is a class A misdemeanor.

Hopefully, an enlightened politico on his or her way up will soon recognize the danger thrown birdseed poses and will bump this up to a felony.

I’m Brian J. Noggle with FelonyWatch.