New York Assault in the Third Degree

New York Assault in the Third Degree

Assault in the third degree is a class A misdemeanor in New York, carrying maximum penalties of up to 1 year in jail. It is defined under New York Penal Law 120.00. There are a few ways assault in the third degree can be charged:

• Intentionally causing physical injury to another person
• Recklessly causing physical injury to another person
• Causing physical injury with criminal negligence using a deadly weapon or dangerous instrument

Physical injury means impairment of physical condition or substantial pain. It is a broad definition that can cover a wide range of injuries. Even minor injuries like bruising could potentially qualify if they cause substantial pain.

Assault in the third degree is usually charged in cases of minor assaults and fights. More serious assaults involving serious physical injury will be charged as assault in the second degree or first degree. Cases of domestic violence between family members may also sometimes lead to third degree assault charges.

Elements of Assault in the Third Degree

There are two main elements prosecutors need to prove for a conviction of assault in the third degree in New York:

1. The defendant caused physical injury to the victim
2. The defendant acted intentionally, recklessly, or with criminal negligence

The physical injury element means the victim must have suffered some form of bodily harm. Minor injuries are sufficient to meet this element, but there must be some physical impairment or substantial pain caused.

The mental state element requires the assault was intentional, reckless, or criminally negligent. This means the defendant either meant to cause injury, consciously disregarded the risk of injury, or failed to perceive a risk of injury that an average person would have been aware of.

Defenses to Third Degree Assault

There are several possible defenses that can be raised in fighting third degree assault charges in New York:

• Self-defense – Defendants can argue they acted in self-defense if they reasonably believed physical force was necessary to defend against the victim’s use or imminent use of force. However, the defendant cannot use more force than reasonably necessary or continue once the threat has ended.
• Consent – Consent to engage in physical contact like sports, medical treatment, or consensual fighting can be a defense. However, consent to serious injury is generally not a defense.
• Lack of intent – The defendant can argue the injury was accidental and there was no intent, recklessness, or criminal negligence involved.
• Misidentification – Mistaken identity and arguing the defendant did not actually commit the assault.

Defendants should consult with an experienced New York criminal defense attorney to determine if they have any viable defenses to assault in the third degree charges.

Penalties for Assault in the Third Degree

Third degree assault is a class A misdemeanor in New York. Potential penalties upon conviction include:

• Up to 1 year in jail
• Up to 3 years probation
• Fines up to $1,000
• Restitution to the victim
• Mandatory surcharges and fees
• Permanent criminal record

Sentences can sometimes be reduced through plea bargaining, especially for first-time offenders. Factors like the extent of injury, use of a weapon, and prior criminal history will impact sentencing.

Related Offenses

More serious assault charges may apply depending on the circumstances and extent of injury. These include:

• Assault in the second degree – Class D felony for intentionally causing serious physical injury, physical injury through use of a deadly weapon or dangerous instrument, or physical injury to someone under age 11. Penalties can include up to 7 years in prison.
• Assault in the first degree – Class B felony for intentionally causing serious physical injury through use of a deadly weapon or dangerous instrument. Penalties can include up to 25 years in prison.
• Gang assault – When someone is injured during an assault aided by 2 or more other people actually present. Charged as second degree gang assault or first degree gang assault depending on extent of injury.
• Aggravated assault upon a person less than eleven years old – Class B felony when someone over 18 intentionally causes serious physical injury to a child under 11. Up to 25 years in prison.

It is important to consult an attorney to fully understand what charges may apply and potential defenses based on the specific circumstances of the incident.

Getting Legal Help for Third Degree Assault Charges

Being charged with assault in New York can have severe consequences. The help of an experienced criminal defense attorney can be critical in fighting the charges and avoiding a conviction. A lawyer can challenge the prosecution’s evidence and raise any viable defenses. In many cases, charges can potentially be reduced or even dismissed through effective representation.

For anyone facing assault allegations, it is important to invoke the right to remain silent and request an attorney immediately. Anything you say to police can be used against you. An attorney can handle communications with law enforcement on your behalf and start building the strongest defense right away.

Don’t take chances when it comes to assault charges in New York. Get experienced legal help fighting these allegations. The consequences of a conviction can follow you for years to come.

Sources:

• https://www.new-york-lawyers.org/assault-in-the-third-degree-new-york-penal-law-section-120-00.html
• https://criminaldefense.1800nynylaw.com/new-york-penal-code-120-00-assault-in-the-third-degree.html
• https://ypdcrime.com/penal.law/article120.php
• https://law.justia.com/codes/new-york/2015/pen/part-3/title-h/article-120/120.00
• https://www.nysenate.gov/legislation/laws/PEN/P3THA120
• https://criminallawsny.com/article-120-120-00-120-70-assault-and-related-offenses/120-00-assault-in-the-third-degree/