There are three degrees of the assault crime included in the New York Penal Law. They include the first-degree, second-degree, and third-degree assault. The least serious crime is the third-degree assault. It carries a prison statement that does not exceed one year because it is a Class A misdemeanor. Under the New York Penal Code 120:00, you will face a third-degree assault if:
• You injure another person intentionally
• You injure a third person with the intention of injuring another person
• You recklessly injure another person, or
• You negligently cause harm to another person with a dangerous instrument or a deadly weapon.
It is a Class A misdemeanor.
A man got himself in the middle of a shouting match with his neighbor. He got so angry and punched the neighbor in the face and back. For this reason, the neighbor sought medical therapy at a local hospital. It is not necessary that these injuries were serious. However, this must be a physical injury as stated in the penal code.
1. Second-degree menacing: New York Penal Code 120:14
2. Second-degree reckless endangerment: New York Penal Code 120:20
For you to sustain a second-degree assault charge, you must have the victim sustain a physical injury. While the injury might not be necessary, there must be an evidence of injury other than complaining that your actions hurt he or she. If there is no present injury as stated in the penal code, the prosecutor will have a hard time securing a third-degree assault conviction.
Under the New York Penal Code, you have the permission to use physical force to protect yourself or any other person against any coming danger. If you can prove to the judge that you were protecting yourself against danger based on the facts you present, you will secure a valid sentence defense against all the charges. For this reason, it calls upon the evidence presented in court. You will have a valid defense against the third-degree assault in court.
Because the third-degree assault is under class A misdemeanor, you have a one-year jail term if you are proven guilty with sufficient evidence. While you are sentenced to the jail term, you might also fall to a three-year probation term in jail.
New York Penal Code 120.00: Third-degree Assault
A person is guilty of the third-degree assault when:
1. They have the intention to cause a physical injury to another person. He, in fact, causes that injury to the person or the third part.
2. He recklessly causes physical harm or injury to the person.
3. He causes physical injury, with criminal negligence, to another person with a dangerous instrument or deadly weapon.
NYC Criminal Lawyers
While the third-degree assault is a misdemeanor offense under the New York Penal Code, there are serious conviction consequences. If you do not have the necessary defense on your side, you may end up spending a year in jail away from your friends and family. Once you are back, your life will never be the same again. You will face it with a criminal record. However, certain defenses can cause the third-degree assault charge be dropped, acquitted or reduced. The staff at the NYC Criminal Attorneys Law Firm has many years of successful criminal representation defending clients in criminal courts in New York charged with felonies or misdemeanors. Some of the charges they represent their clients with include reckless endangerment, menacing, second degree, rape, stalking, and child endangerment. Please contact our office to schedule a free consultation with an NYC criminal attorney concerning your criminal case.