New York Penal Code 120.00 – Assault in the Third Degree

Assault in the third degree, covered under New York Penal Code 120.00, is the least serious assault charge in New York. It’s a class A misdemeanor that carries up to a year in jail[1].

There are a bunch of ways you can get charged with third degree assault in New York. Basically it covers intentionally or recklessly causing physical injury to another person[2].

Some examples of third degree assault include[3]:

• Hitting someone and causing a minor injury like a bruise or cut
• Recklessly shoving someone into a wall or down stairs
• Throwing an object at someone and injuring them
• Injuring someone by criminal negligence with a weapon or dangerous object

So third degree assault covers a pretty wide range of scenarios where someone gets hurt. The injuries don’t have to be serious – even minor bruising or scrapes count. The law is mainly trying to punish and deter people from intentionally or recklessly harming others.

Elements of Third Degree Assault

For a prosecutor to convict you of third degree assault, they need to prove these elements beyond a reasonable doubt[4][5]:

1. You caused physical injury to the victim
2. You intended to cause injury to the victim OR you acted recklessly and caused injury OR you acted with criminal negligence and caused injury with a weapon or dangerous object

Physical injury means impairment of physical condition or substantial pain. The injury doesn’t need to be serious, but it must be more than just minor redness or swelling[6].

Intent means you purposefully meant to cause injury. Recklessness is when you consciously disregarded a substantial risk of causing injury. Criminal negligence is failing to perceive a substantial risk of causing injury[6].

So the prosecutor has to show one of those mental states along with resulting physical injury to prove third degree assault.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Defenses to Third Degree Assault

There are several legal defenses that can fight a third degree assault charge[4]:

Legal Scenario: What Would You Do?

Scenario

You got into a heated argument at a bar in Manhattan and shoved someone, causing them to fall and break their wrist. The police arrived and arrested you, and now you're facing a charge under New York Penal Code 120.00 for Assault in the Third Degree.

What am I actually facing with this third degree assault charge, and is there any way to avoid a criminal record?

Attorney's Answer

Under New York Penal Code 120.00, Assault in the Third Degree is a class A misdemeanor, which means you could face up to one year in jail, three years of probation, and a fine up to $1,000. The prosecution needs to prove that you intentionally or recklessly caused physical injury to another person — and a broken wrist would likely satisfy the 'physical injury' element under Penal Law 10.00(9), which defines it as impairment of physical condition or substantial pain. However, depending on your criminal history and the circumstances, we may be able to negotiate an Adjournment in Contemplation of Dismissal (ACD) under CPL 170.55, which would result in the charge being dismissed and sealed after six months. We could also explore whether self-defense under Penal Law 35.15 applies if the other party was the initial aggressor.

This is general information only. Contact us for advice specific to your situation.

• No injury – Argue the alleged victim had no or minor injuries not rising to the level of “physical injury” under the law
• No intent – Argue you didn’t intend to injure the victim if accused of intentional assault
• No recklessness – Argue you didn’t act recklessly if accused of reckless assault
• Self-defense – Argue you acted in self-defense against an attacker and had no duty to retreat
• Defense of others – Argue you were defending someone else from an attack and needed to use force
• Consent – Argue the alleged victim consented to physical contact like in a contact sport

A skilled criminal defense lawyer can argue these defenses and fight to get your third degree assault charges reduced or dismissed. Consult with an attorney as soon as possible after an arrest.

Penalties for Third Degree Assault in New York