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.
Were you recently charged with third-degree assault in New York? You should contact Greco Neyland, PC as soon as possible.
Call (212) 951-1300 right now to have our firm review your case during a free, confidential consultation.
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:
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:
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 in New York City possibly faces the following punishments:
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:
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:
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.
Our NYC criminal lawyers assist clients accused of or charged with the following: