Facing Third Degree Assault Charges in New York?

Third Degree Assault Charges in New York

A common charge, Assault in the Third Degree (New York Penal Law § 120.00) is a class-A misdemeanor in New York, which carries a possible prison sentence of up to one year in jail.

An individual may be charged pursuant to this statute if he or she intentionally causes a physical injury to another person. Simply stated, intending to cause an injury and then actually doing so is all that is required to satisfy this charge. Outside of an intentional act, a person may also be charged with third degree assault if he or she recklessly causes a physical injury to another.

A common example would be an allegation that a person punched another and the victim then suffered “substantial pain” from that punch. Injuries often include bruising or redness and perhaps some bleeding, but no long-term damage.

How We Fight First Degree Assault Charges in New York

In order to sustain a charge of assault in the third degree, the victim must have sustained a physical injury. While it is not necessary for the injury to be severe, there must be some evidence of an injury other than the victim complaining that he or she was hurt. If there is no physical injury as defined by the statute, a defense attorney can poke legal challenges to the sufficiency of the charge and seek to have an outright dismissal.

Another common defense is that of justification, meaning an individual can use reasonable force to protect himself or herself from imminent physical danger. If you can show that based on the facts of the case you reasonably believed that you were in imminent physical danger, then you may have a valid defense against an assault in the third degree charge. This defense is considered an affirmative defense, which means that even though someone did commit the crime, the circumstances were such that they were justified in doing so. When an individual elects to argue self-defense, the government must prove beyond a reasonable doubt that the individual claiming self-defense was not justified in doing so. 

Possible Sentencing & Penalties in New York

Because assault in the third degree is a class A misdemeanor the maximum possible sentence is up to 1 year in jail. In lieu of being sentenced to jail, the judge may sentence you to a 3 year probation term.

Learn more about possible sentencing, penalties, and enhanced penalties for your specific assault charge in New York.

Examples and Related Cases

Our office has successfully handled numerous third degree assault matters. In a recent high-profile matter, our office was hired to defend an individual who was facing two separate counts of assault in the third degree for an incident stemming from an altercation at Madison Square Garden in New York City.

The incident was caught on camera, the alleged victims were highly cooperative, and the case was in the public spotlight during its pendency.  Despite these factors, we were able to provide mitigating information as it related to both the incident itself and some of the underlying circumstances that our client was facing during that time period of his life. In doing so, we were able to secure a non-jail disposition in a case which was originally being prosecuted with a plea to some sort of prison time. While the A-misdemeanor of assault in the third degree carries up to one-year in jail, this resolution allowed our client to remain at liberty and continue on with valuable treatment and with future employment opportunities.

Your Defense Begins Now

Our office has obtained dismissals for clients during the pretrial stage while also securing acquittals at trial for individuals charged with third degree assault. While this charge is “only” a class-A misdemeanor, it may lead to serious collateral consequences when it comes to background checks, employment opportunities, or immigration issues. If you are charged with a misdemeanor assault, contact the Law Offices of Jason Goldman to discuss your viable defenses.