NYC Assault in the Third-Degree Lawyer

NYC Assault in the Third-Degree Attorney

Assault is a serious crime in NYC, as it is considered a crime against a person. There are different levels of assault in NYC: first, second, and third-degree, with third-degree assault being the least severe. Because of this, there may be a positive chance you can fight and win the charges against you. However, you should consider hiring an NYC assault in the third-degree lawyer instead of attempting to face charges alone.

If you are facing assault charges, you deserve to have the knowledge and experience on your side that you can count on. The NYC criminal defense lawyers at Greco Neyland, PC, can help. We put the needs of our clients first and recognize the potentially life-altering impact a conviction can have. We work hard to protect your future.

Assault Laws in NYC

In New York, there are three degrees of assault and aggravated assault, which are all crimes against a person. Aggravated assault is the most serious form and typically involves a deadly weapon. Then, there are assaults in the first-degree, second-degree, and third-degree. The penalties and charges for each offense depend on the severity of the crime and the presence of prior convictions.

Assault in the Third-Degree Defined

Assault in the third degree is a misdemeanor assault, and according to an NYPD report, in 2024, there were 47,738 misdemeanor assaults in NYC. The definition of assault in the third degree, as defined in NY Penal Chapter 40 Section 120.0, is:

• Intentionally causing physical harm to a person or a third party
• Recklessly causing physical injury to another person
• Causing physical injury to someone using a deadly weapon or instrument by criminal negligence

Third-degree assault is nuanced, as one action can differentiate it from first- or second-degree assault. The primary difference is that first-degree may cause serious disfigurement, second-degree assault causes more serious injury, and third-degree causes minor injuries. While each form involves varying degrees of injury, they all require intent.

Here are common examples of third-degree assault:

• Punching a person in the face and leaving a black eye
• Recklessly pushing through a large crowd, causing someone to fall and sprain their wrist
• Playing with a knife and cutting a person who walks by

Penalties for Assault in the Third Degree

Assault in the third degree is a class A misdemeanor, the most serious misdemeanor charge. In New York, the penalty for a class A misdemeanor is up to a year in jail plus fines of up to $1,000. In addition to serving jail time and paying fines, assault appears on your criminal record, which could impair your ability to receive housing, a job, educational opportunities, weapons rights, professional licenses, and custody arrangements.

Can a Lawyer Help My Case?

If you are facing third-degree assault charges in NYC, it is wise to enlist the help of a lawyer. Spending up to a year in jail can negatively impact every single aspect of your life, and legal representation may be your only chance to avoid this. With third-degree assault, there are many opportunities to get your case overturned or dismissed, depending on the evidence against you or a lack of discovery on the part of the prosecution.

In a report by the New York State governor, several third-degree assault charges were overturned because of incomplete discovery. This means that the prosecution, for one reason or another, failed to submit evidence against the defendant that could successfully challenge their case. While this is an effective way to get your case dismissed, you should ultimately rely on your own evidence and the skill and experience of your lawyer to fight your case.

Whether you maintain your innocence or make a regretful mistake, you have several defenses available to you. Common assaults in the third-degree defenses include:

• Lack of Intent: Assault requires intentionally causing physical harm, so if your actions were not intentional, you may have a defense.
• Self-Defense: This is one of the most used defenses for a range of violent crime charges. If you believed you were in danger and assaulted a person to protect yourself, you may have a defense.
• Defending Another Person: Another reliable defense is that if you were defending a friend or loved one, you may have a defense.
• Unlawful Arrest. If your arrest was unlawful or an officer violated your rights, you may have a defense.
• Mistaken Identity: If you were mistaken for another person who committed the offense, you may have a defense.

FAQs

Q: How Long Do You Go to Jail for Third Degree Assault in NYC?

A: If you are convicted of third-degree assault in NYC, you could go to jail for up to a year. According to New York Penal Code § 120.00, third-degree assault is a class A misdemeanor. However, the exact amount of time you spend in jail is at the judge’s discretion and highly depends on the circumstances of your situation and your lawyer’s ability to negotiate your sentence.

Q: How Much Does an Assault Lawyer Cost in NYC?

A: The cost of an assault lawyer in NYC is difficult to pinpoint, but there are several factors that contribute to what a lawyer may charge you. The three main factors to consider are the complexity of your case, the lawyer’s skill and experience, and the firm’s location. More experienced lawyers can justify charging more, and likewise, more complex cases tend to require more billable hours.

Q: What Is an Example of a 3rd Degree Assault?

A: There are several types of third-degree assault, which is defined as intentionally and recklessly causing physical injury to a person. An example could be punching a person in the face and giving them a black eye. Another example is recklessly playing with a knife and cutting someone as a result.

Q: What Is the Penal Law for Assault in the Third Degree in NY?

A: The Penal Code for assault in the third degree in NY is Chapter 40 § 120.00. It is defined as intentionally causing physical injury to a person or a third person, recklessly causing physical injury to a person, or causing physical injury to a person with a deadly weapon with criminal negligence.

NYC Assault in the Third-Degree Lawyer

Third-degree assault charges can be life-altering and overwhelming. It is even more overwhelming if you attempt to represent yourself in front of legal professionals with extensive experience. Therefore, you should contact Greco Neyland, PC, instead. At your free consultation, we can weigh your options, provide guidance, and defend your rights if you choose to hire us.