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New York City Third Degree Assault Lawyers - Assault in NYC

Accused of Assault in the Third Degree? Call Our Firm for Legal Help.

At Lebedin Kofman LLP, our team is ready to defend against your third-degree assault charges in New York. Although an assault is usually classified as a misdemeanor, that does not mean it is not serious. An assault conviction can still result in jail time and/or fines. Additionally, it can have repercussions that affect you for the rest of your life. As such, it is beneficial to have one of our attorneys handle your case. We can walk you through the criminal justice process, explain the charge, and discuss your legal options. We can leverage our knowledge and resources to seek an optimal outcome on your behalf.

Our New York third-degree assault attorneys provide high-quality legal representation. Because we are a boutique law firm, we can give each client the care and attention they deserve. When you turn to us, you will have direct access to one of our New York City assault attorneys, and your case will not be handed over to a paralegal. That said, we operate as a team and will share insights to build a comprehensive defense strategy on your behalf. Understanding that you may have many questions about your case, we will be available 24/7 to address your concerns.

Are you ready to get started on your defense? Call us at (646) 663-4430 or contact us online to schedule your free initial consultation with an experienced New York City lawyer.

What Constitutes Assault In The Third Degree In New York?

The elements of third-degree assault are enumerated in New York Penal Code § 120.00. The statute provides that an offense is committed when a person causes physical injury to another. Physical injury is defined as impairing the physical condition of someone else or causing them substantial pain.

The law is further separated into three different states of mind the actor may have been in when engaging in the prohibited conduct.

The three ways assault in the third degree can be committed in New York are as follows:

  1. Intentionally. A person might be accused of violating the assault law if they intended to injure another person and did so. To act with intent means that the end result (causing injury) was the person’s objective or purpose. Note that the person injured need not have been the individual the actor intended to harm for charges to arise. In other words, a person may still be accused of a violation if they meant to hurt Person A but hurt Person B instead.
  2. Recklessly. A person commits an offense when they recklessly cause physical injury to another. To act recklessly means to have engaged in conduct that places others at an unjustifiable risk of harm. When carrying out the action, the person was aware of the possible results of their behavior and continued to do it regardless of the risks. The risk involved must have been such that it deviated from the conduct a reasonable person would have engaged in under similar circumstances.
  3. With criminal negligence. Charges for assault in the third degree may arise when someone, with criminal negligence, causes injury to another by use of a deadly weapon or dangerous instrument. Deadly weapons include, but are not limited to:
    • Firearms
    • Switchblades
    • Metal knuckles
    • Daggers
    • Billy clubs

Dangerous instruments are any items that, when handled in the manner used in the assaultive offense, could cause serious injury or death. For example, a bat, hammer, or car may be considered dangerous instruments.

A person acts with criminal negligence when they do something that places others at risk of physical injury, but they do not perceive that risk. Still, anyone with a general sense of right and wrong would have been aware of the seriousness of the actions.

Whether you have been accused of injuring someone intentionally, recklessly, or with criminal intent, our New York criminal defense lawyers are here to help you through your case. Multiple sides to every story exist, and we want to hear yours.

What Is The Sentence For Assault In The Third Degree In NYC?

Third-degree assault is a class A misdemeanor.

This level of crime is punishable by:

  • Not more than 364 days in jail and/or
  • Up to $1,000 in fines

The penalties listed above are the maximums that can be doled out for a conviction. However, depending on the situation, it may be possible to reduce or avoid penalties by casting doubt on the prosecutor’s case or demonstrating that mitigating factors were present.

Allow our criminal defense attorneys in New York to evaluate your case and determine a path forward.

Possible Defense to a Third-Degree Assault

Self-defense in New York is called justification. Justification or self-defense can be defined as the defense of oneself or another person. A defense attorney can raise justification to counter the assault charge when a person is accused of it. Justification can, however, be referred to as an affirmative defense. This means that the prosecution has to prove justification by proving the preponderance or absence of evidence. This standard is lower than proof beyond reasonable doubt and the prosecutor has to prove it at trial.

In order to claim justification, the person charged with Assault cannot be the initial aggressor. The person cannot use force so far beyond the scope of the original attack. An experienced defense attorney might be able to convince a prosecutor not to bring up the issue of justification when the defendant is facing assault charges. Each case is unique and each case depends on a different set of facts.

Orders of Protection Related to a New York City Assault

When a person has been charged with assault, the District Attorney will request an Order of Protection. These orders are almost always granted by a Judge. This is especially true for cases involving alleged Domestic Violence, or where the accused and the complaining witnesses know each other. The Order of Protection makes it mandatory that a person is away from the complaining witness. It also prohibits any type of contact. The Order of Protection may also be part of a disposition.

An Order of Protection for Assault in The Third Degree will continue in effect up to 5 years after conviction. A person convicted of Harassment, Second Degree, or Disorderly Conduct will be subject to the Order of Protection for 2 years. An ACD is an Adjournment of Contemplation of Dismissal. This means that the Order of Protection will continue to be in force for 6 months starting from the date of the ACD’s acceptance. If the Assault charge is connected to Domestic Violence, the Order of Protection will apply for 12 months starting from the date of acceptance.

Is Third-Degree Assault A Serious Offense In New York City?

Third-degree assault is the lowest of New York’s three levels of assault. Second-degree is considered more serious, and first-degree is regarded as the most severe.

Even though there are two crimes above it, third-degree assault is still a serious offense itself. As noted before, it’s a misdemeanor that can lead to jail time and/or a fine. These penalties can negatively affect you personally, professionally, and financially.

Additionally, if you are convicted of the offense, that information will appear on your criminal record. Thus, anytime a potential employer, landlord, or curious individual wants to check up on your history, they will see that you were found guilty of assault. That could cause them to make swift and adverse judgments about you. Therefore, you could be feeling the effects of the conviction long after you completed your sentence. And while New York allows you to seal your criminal record if you have no more than two convictions on it, you must wait 10 years after completing your sentence to pursue this remedy and the process for doing so can be complicated.

A serious criminal charge requires a serious criminal defense attorney, and our team is ready to deliver the representation you need.

Speak With a Criminal Defense Lawyer at Lebedin Kofman LLP Today

At Lebedin Kofman LLP, our third-degree assault attorneys will stand up for you in and out of court. We have exceptional negotiation and litigation skills and can use them to your advantage.

Learn about how we can build a solid defense for your New York assault charges by contacting us at (646) 663-4430 today. We offer a free initial consultation.

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