New York Penal Law 120.00 (Assault in the Third Degree).

Understanding New York Penal Law § 120.00: Assault in the Third Degree

New York Penal Law § 120.00, titled Assault in the Third Degree, is a criminal statute that addresses acts of intentional or reckless physical harm inflicted on another person. This charge is categorized as a Class A misdemeanor, which can carry serious legal consequences, including jail time, fines, and a criminal record.

What Is Assault in the Third Degree?

Under this law, a person commits Assault in the Third Degree when they:

  1.  Intentionally cause physical injury to another person;
  2.  Recklessly cause physical injury to another person; or
  3.  Negligently cause physical injury to another person with a deadly weapon or dangerous instrument.

In this context:

  *   Physical injury is defined as impairment of physical condition or substantial pain.
  *   Recklessly means acting in a way that shows disregard for the safety of others.
  *   A deadly weapon can include items like guns, knives, or any object capable of causing serious harm when used aggressively.

Common Examples

  *   Punching someone during an argument, causing bruising or pain.
  *   Swinging a bat in anger and accidentally hitting someone.
  *   Causing injury with a weapon, even if the harm was unintentional but due to negligence.

Penalties for Assault in the Third Degree

Since it is classified as a Class A misdemeanor, the penalties for a conviction under NY Penal Law § 120.00 can include:

  *   Up to 1 year in jail
  *   Probation for up to 3 years
  *   Fines up to $1,000
  *   Community service
  *   Orders of protection (restraining orders)
  *   Mandatory anger management or counseling programs

Additionally, a conviction results in a criminal record, which can impact employment opportunities, housing applications, and immigration status.

Enhancements and Related Charges

In some situations, third-degree assault can be elevated to a felony. For example:

  *   If the victim is a child, elderly person, police officer, or another protected class, enhanced charges like Assault in the Second Degree (NY Penal Law § 120.05) may apply.
  *   Repeat offenders may also face harsher sentencing.

Defenses to Assault in the Third Degree

Common legal defenses include:

  *   Self-defense or defense of another
  *   Lack of intent to cause injury
  *   False accusations
  *   Accident without recklessness or negligence

Final Thoughts

Although Assault in the Third Degree is a misdemeanor, it is a serious charge in New York with lasting consequences. Anyone accused of violating NY Penal Law § 120.00 should consult a qualified criminal defense attorney immediately to understand their rights and explore possible defenses. Matthew Galluzzo is a former Manhattan Assistant District Attorney who has successfully defended dozens of individuals accused of Assault in the Third Degree. He has tremendous experience defending individuals accused of domestic violence, as well as defending foreign citizens accused of domestic violence. Indeed, the government of France knighted him based upon his success in defending French citizens against charges in the New York City area. If you or a loved one have been accused of an assault crime in New York City or White Plains, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.