Kelly J. Rhim is indicted for the crime of second-degree assault, a violent Class D felony. It is alleged that on April 13 in the City of Batavia that Rhim intentionally caused physical injury to a person by means of a dangerous weapon. In count two, Rhim is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that Rhim possessed a box cutter with the intention of using it against another person. In Special Information filed by the District Attorney, Rhim is accused of having been convicted on Feb. 19, 2015, in Batavia City Court, of attempted petit larceny, a Class B misdemeanor, and the conviction forms the basis for count two of the current indictment.