The NY crime of Assault in the third degree is found in NY Penal Law § 120.00. A person is guilty of assault in the third degree where he intentionally or recklessly causes injury to another person, or if he is criminally negligent with a weapon.
Assault in the third degree is the top charge when there are only minor injuries, weapons are not used, and the victim does not fall into a special protected category. Street fights between strangers are typically charged as assault in the third degree. Commonly, assault in the third degree is charged with menacing, harassment, and an attempt to assault. These are the lesser charges can be used to prosecute you if the top charge is dismissed.
Assault in the third degree is an A misdemeanor, meaning that it is punishable by up to one year in jail. An experience lawyer can often get the charged reduced and a first arrest will usually not result in any jail time. The attorneys at the law offices of Adam Perlmutter have years of experience successfully getting assault charges reduced or dismissed.
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