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New York Penal Law 110/120.00(1): Attempted Third Degree Assault

As noted in the intentional Assault in the Third Degree section of this website, the two essential elements of a misdemeanor New York Penal Law 120.00(1) case is that (1) you intended to inflict a physical injury and (2) you in fact did so. If any one of these elements is missing, then either case cannot stand or it must be prosecuted as a lesser crime. Although lesser in terms of possible sentence, Attempted Assault in the Third Degree, New York Penal Law 110.120.00, is a “B” misdemeanor and a crime that will give you a permanent record for the public to see if there is a conviction.

According to the New York Penal Law, you are guilty of an attempt to commit a crime when, with intent to commit a crime (here, that would be a misdemeanor Assault), you engage in actions or behavior that would tend to effect the commission of the particular offense.

In crimes involving Attempted Assault in the Third Degree, you could have repeatedly or only once struck a person, but no physical injury resulted. If it was your object and intent to cause this injury, but were unable to do so, you have not committed NY PL 120.00, but you attempted to perpetrate the crime (of course the prosecution must prove this beyond a reasonable doubt).

Just like any case, the evidence and credibility of the “facts” should dictate the outcome. The problem, however, is each party often has different positions or stories. Did you swing (and miss) because you were prepared to defend yourself? Did the person you knocked over really sustain a physical injury, but it was an accident? Is the complainant embellishing the story for his or her own gain (a possible law suit?!)? While the burden always rests with the prosecution, poking the holes in the People’s case, locating your corroborative evidence and being prepared is often the best means to attack misinformation, lies or evidence subject to interpretation.

Research the crimes and potential issues you may face. Assist your counsel in your defense where necessary and be prepared to deal with the stress and concerns that come with any criminal allegation – true or false. Whatever you do, protecting yourself now in court will give you the foundation to move past the allegations that could otherwise cripple your future.

Call the former Manhattan Assistant District Attorneys and New York Assault Lawyers at 212.312.7129 or contact us online to speak with us about your Assault investigation, arrest or trial today.

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