§ 120.00 Assault in the third degree. (New York)

A person is guilty of assault in the third degree when:

1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or

2. He recklessly causes physical injury to another person; or

3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor. (Codes of PL 120.00 01 refers to #1 above, 120.00 02 refers to #2 above, 120.00 03 refers to #3 above)

§ 120.00 Assault in the third degree - Penalties

  • Up to 364 days in jail
  • Up to 3 years probation
  • Fines
  • DNA database inclusion
  • Permanent criminal record
  • Employment, immigration, housing, and travel consequences

Assault in the third degree is a violent misdemeanor charged in a variety of situations including:

  • Fights in bars or nightclubs
  • Fights on the sidewalk or in the subway or other mass transit
  • Domestic violence

A variety of things can be charged as assault such as a:

  • Push
  • Shove
  • Punch
  • Kick
  • Slap
  • Thrown object

Whether you've been issued a desk appearance ticket for assault or brought to central booking and charged with assault, we can take action to explore hidden defenses and other ways to get your PL 120.00 charges dismissed or reduced. Because being convicted of assault carries the risk of up to 364 days in jail and a criminal record, it is important to take steps to defend your case before it is too late. Your arrest for PL 12000 doest have to end in your conviction. If you or a loved-one has been charged with assault, contact us for a case evaluation.

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