Many assault charges are classified as felonies, but the misdemeanor offense of assault in the third degree is perhaps the most commonly prosecuted form of this crime in New York City. A person can be charged with third-degree assault even in a case that resulted in seemingly modest physical injury.
The reduced classification of this offense in comparison to other assault charges does not mean that a prosecutor will not take the matter seriously. This a crime for which a conviction can involve very real immediate consequences such as imprisonment and fines as well as the long-term consequences of having a criminal record.
Manhattan Misdemeanor Assault Lawyer
Were you recently charged with third-degree assault in New York? You should contact Greco Neyland, PC as soon as possible.
Jeff Greco and Dustan Neyland will provide the most aggressive legal defense possible, and our New York City misdemeanor assault attorneys will work to get your charges reduced or dismissed.
Call (212) 951-1300 right now to have our firm review your case during a free, confidential consultation.
New York City Misdemeanor Assault Overview
- What actions can result in a person being arrested for this crime?
- How could a conviction impact an alleged offender?
- What defenses might a person have in these types of cases?
Assault in the third degree is a class A misdemeanor. New York Penal Law § 120.00 states that a person can be charged with third-degree assault in any of the following scenarios:
- With intent to cause physical injury to another person, he or she causes such injury to such person or to a third person
- He or she recklessly causes physical injury to another person
- With criminal negligence, he or she causes physical injury to another person by means of a deadly weapon or a dangerous instrument
Under Article 10 of the New York Penal Law, a deadly weapon is defined as “any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged.” It can also include any of the following:
- Switchblade Knife
- Gravity Knife
- Pilum Ballistic Knife
- Metal Knuckle Knife
- Billy Club
- Plastic Knuckles
- Metal Knuckles
A dangerous instrument means “any instrument, article or substance, including a ‘vehicle’ … which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.”
A person who is convicted of assault in the third degree possibly faces the following punishments:
- Up to one year in jail
- Up to $1,000 in fines
In addition to the imprisonment and fines, there can be other significant consequences to convictions in these cases. Depending on the alleged offender and the specific circumstances of his or her case, these may include:
- Loss of Housing Benefits — A person who is convicted of third-degree assault will be ineligible for New York City Housing Authority (NYCHA) Public Housing for four years following the completion of his or her sentence.
- Immigration Status — In certain cases, a conviction can be considered a crime involving moral turpitude and could lead to deportation, ineligibility for naturalization, or other consequences for an alleged offender.
In certain cases, people may be issued desk appearance tickets (DATs). A DAT simply provides an alleged offender with a date to return to criminal court for an arraignment rather than having to be held in jail until he or she can go before a judge.
Make no mistake, a DAT does not mean that a person is not facing criminal charges. Whether an alleged offender has received a DAT or been formally booked and held in jail, it is critical to have legal counsel evaluate the arrest and determine what defenses may be utilized, including—but not limited to—the following:
- Alleged offender acted in self-defense
- Alleged offender acted in defense of property or another person
- Alleged offender’s actions were accidental, but do not rise to level of reckless of criminal negligence
- Alleged victim did not suffer physical injury
- Mistaken identity
Misdemeanor Assault Lawyer in New York City ǀ Greco Neyland, PC
If you have been arrested for assault in the third degree, it is in your best interest to immediately find legal representation. Jeff Greco and Dustan Neyland are both former prosecutors who are familiar with how these cases are handled, and this background helps our firm know exactly what to look for when conducting comprehensive investigations.
Greco Neyland, PC works tirelessly to achieve the most favorable outcomes for clients in Manhattan and the greater New York City area. Our Manhattan misdemeanor assault attorneys will provide an honest and thorough evaluation of your case when you call (212) 951-1300 to set up a free legal consultation.
Midtown Office (Main): 535 5th Ave #2500
New York, NY 10017
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Experience as a former prosecutor gives Jeffery Greco an edge in building the strongest possible defense strategy for the accused in New York City.
A thorough investigation is key to finding every reasonable doubt and getting charges reduced or dismissed for NYC defense attorney Dustan Neyland.
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