The violent crime of Third Degree Assault is a very serious offense. In the eyes of the law, New York judges and Assistant District Attorneys will see no difference if you land a kick to another person’s leg leaving a big purple welt or you strike your alleged adversary in the chin with a “haymaker” leaving not just a bruise, but a nice little gash. Certainly, the more serious the injury and the means by which the injury occurs can raise your misdemeanor Assault Desk Appearance Ticket (or “regular” arrest) to a felony Assault in the Second or First Degree, but even by itself, New York Penal Law 120.00 is a crime with devastating consequences.
When representing clients accused of Assault in the Third Degree, New York Assault lawyers often see common grouping of crimes. Not that prosecutors or Assistant District Attorneys merely toss what the can against the wall to see what will stick, but the Assault related crimes share many characteristics or elements. From the prosecution perspective, if one of these crimes can be proven beyond a reasonable doubt, it will either assist in proving the related offenses or at least enable them to secure a conviction for one violent crime.
- Intentional Assault in the Third Degree: New York Penal Law 120.00(1)
- Reckless Assault in the Third Degree: New York Penal Law 120.00(2)
- Attempted Assault in the Third Degree: New York Penal Law 110/120.00(1)
- Harassment in the Second Degree: New York Penal Law 240.26
Regardless of the type, subsection or theory of NY PL 120.00, the crime is an “A” misdemeanor. Whether you will spend no time in jail or as much as one year is an unknown factor. Regardless of the possible resolution (criminal, non-criminal or a dismissal), what is certain, however, that if you are a teacher, lawyer, physician, financial advisor or other professional, there can be real ramifications to your licensing and certification if you are convicted. Sadly, these arrests can have life altering consequences.
It should go without saying that it is imperative to not merely have your criminal attorney review the actual PL 120.00 complaint to determine its legal sufficiency, but your defense should begin well before you appear in court. Can witnesses be found and interviewed, video surveillance recovered, evidence of defensive wounds (or non-wounds) preserved? Does the prosecution have the wrong person, misunderstand the truth or can they prove their case beyond a reasonable dout? That is, were your acts either intentional or reckless (depending on the subsection of Assault in the Third Degree charged) and was there in fact a “physical injury,” not as interpreted by the complainant, but as defined by the New York Penal Law?
- Felony Assault in the Second Degree: New York Penal Law Section 120.05
- Felony Assault in the First Degree: New York Penal Law Section 120.10
Whether by punch, kick, slap, tackle, or any other variation of physical contact, once you have been arrested for Third Degree Assault, just like any other crime, even the best criminal attorney can’t stop what has already transpired. You can only put yourself in the best position to confront and challenge the allegations going forward. Not only should you consult with a lawyer, but a first hand understanding of your predicament and options is arguably just as important. The last thing you should do is rush into making a decision – an attorney, investigative strategy or accepting a plea – that may not only be wrong, but one that you cannot reverse. Read the statutes, review the case law and understand their applications to your circumstances.
- NewYorkCriminalLawyerBlog.Com – Assault Crimes
- CrottySaland.Com – Assault Crimes
- New York Domestic Violence Arrest, Crimes & Laws
Protect your career and family. Do not speak with the police or a detective until you have consulted with an attorney. Maintain your clean record. Move your defense forward. Contact the New York Assault defense attorneys and former Manhattan Assistant District Attorneys at Saland Law best put you the defense that will put you on the right track.
From Manhattan to Brooklyn and Queens to Westchester County, Saland Law’s lawyers are prepared, skilled and compassionate advocates. Call us at 212.312.7129 or contact us online to speak with us about your Assault investigation, arrest or trial today.