In the State of New York, Assault in the Third Degree is categorized as a Class A Misdemeanor. It is defined as negligent, recklessly, or intentionally causing physical injury.
If convicted, a defendant may face incarceration, criminal fines, and probation. Assault in the Third Degree is the least severe category of assault charges. It usually involves minor injuries, such as bruises, but will still require proof of criminal negligence with a deadly instrument or recklessness for physical harm or substantial pain, depending on the circumstances of the case.
Under New York laws, criminal assault is generally defined as intentionally or recklessly causing physical injury to another person, typically requiring actual physical contact rather than just threats.
Every state, including New York State, has criminal statutes for assault. This allows assault to be prosecuted in state court, which can mean jail time or criminal fines for a convicted defendant.
Assault, in many jurisdictions, including New York State, is divided into degrees. Assault in the Second Degree is classified as a Class D Felony. It is defined as intentionally causing serious physical injury with a weapon or as causing physical injury to certain protected persons, such as EMTs or law enforcement officers.
Assault in the First Degree is a Class B Violent Felony. This category is defined as causing serious physical injury with a deadly weapon or as causing extreme injury, for example a fractured skull.
Assault in the Third Degree is often considered to be the least serious category of assault in the majority of jurisdictions. A conviction in this category will result in the least severe assault punishment for defendants. To find out more about the potential penalties a New York defendant may face for Assault in the Third Degree, it is essential to consult with a New York lawyer.
What Are the Criminal Penalties for Third Degree Assault in New York?
In New York State, if a defendant is convicted of Assault in the Third Degree, a Class A misdemeanor, they can face up to one year of jail time, criminal fines of up to $1,000 and up to three years probation. Class A Misdemeanors are the most serious category of misdemeanors.
New York State also has Class B Misdemeanors and Unclassified Misdemeanor categories. Many jurisdictions will also use a numbering system, such as Class 1, Class 2, Class 3, and so on, with a Class 1 misdemeanor falling right below the felony offenses.
In the State of New York, both Assault in the First Degree and Assault in the Second Degree are categorized as felony offenses and carry more serious penalties. If a defendant is convicted of a felony, it can be much more difficult for them to have the offense expunged, or removed, from their criminal record.
There can be other considerations as well because, if the assault charges are brought against someone as a felony, they can face life-altering consequences beyond their criminal record, such as:
- Loss of the right to vote
- Loss of child visitation or custody rights
- Termination of their professional license
- Not being able to obtain a professional license
- Prohibition on purchasing or owning firearms
It is important to schedule a New York lawyer consultation for more information about the specific criminal penalties for Assault in the Third Degree in New York State.
What Are “Wobbler” Crimes in New York?
Although New York State does not have criminal offenses that are specifically labeled wobbler offenses, there are crimes that can function in a similar manner. The prosecution may be able to charge certain crimes as misdemeanors or felonies depending on factors such as the criminal history of the defendant, the facts of the case, and the egregiousness of the offense.
Assault in the Third Degree in New York State is not categorized as a wobbler crime. In other jurisdictions, 3rd Degree Assault may be categorized as a wobbler offense.
In these jurisdictions, there are certain factors that may cause the offense to be charged as a felony, including:
- Repeat assault offenses
- A greater degree of bodily harm inflicted on the victim
- The type of weapon used during the offense
The victim’s characteristic, such as whether they were a minor or a law enforcement officer
Depending on the facts of the case, wobbler offenses may also be charged as lesser offenses. If a defendant is charged with a felony wobbler offense, they may be able to petition to have it reduced to a misdemeanor.
Legal Defenses for Third Degree Assault Charges
It may be possible for a defendant in New York State to raise a criminal defense against Assault in the Third Degree charges in court. The defenses that a defendant may be able to present can vary depending on the specifics of the case and state law.
There are three commonly used defenses to Assault in the Third Degree, including self-defense, intoxication, and lack of evidence to prove each element of the offense.
Self-defense
This defense is commonly used against an assault charge. It is important to be aware that, in order to claim self-defense, a defendant cannot be the individual who started the situation.
In addition, the defendant can only have presented or used the amount of force that was proportional to the amount of force that was used against them.
Lack of Evidence
The defense of lack of evidence can be a defense if the prosecutor is not able to prove, beyond a reasonable doubt, each element of the offense of Assault in the Third Degree, due to a lack of evidence. For example, if the prosecution cannot prove the element of physical injury, the defendant may avoid a conviction.
Intoxication
If a defendant was intoxicated at the time an assault occurred, it may serve as a defense in some situations, especially if it interfered with their ability to act intentionally. The defense of intoxication is stronger if the defendant was involuntarily intoxicated, such as if their drink was spiked and they were not aware.
There may also be other defenses available, depending on the circumstances of the case. A New York lawyer will be best equipped to evaluate the defenses that may be available. Certain defenses may not fully excuse a defendant’s conduct but can help them obtain a lighter sentence or even lesser charges.
Should I Hire a New York Lawyer for Help With Third Degree Assault Charges?
If you are facing Assault in the Third Degree charges or any other criminal charges in the State of New York, it is essential to consult with a New York criminal defense lawyer. These charges can result in serious legal consequences that can impact nearly all aspects of your life.
LegalMatch’s free attorney-client matching services can help you find an attorney near you in as little as 15 minutes online. Simply submit your case or concern and, in around a business day, you will get responses from New York criminal defense attorneys near you who can help defend you and protect your rights.
