New York Penal Law § 120.00 – Assault in the Third Degree

Under New York Penal Law § 120.00, Assault in the Third Degree prohibits the intentional or reckless infliction of physical injury to others. Third Degree Assault also makes it a crime to injure another person while acting with criminal negligence and using a deadly weapon or dangerous instrument. In New York, Assault in the Third Degree is always a class A misdemeanor and is therefore punishable by up to one year in jail.

In any criminal case, the prosecution has the burden to prove each element of the crime beyond a reasonable doubt. There are three ways one can commit Assault in the 3^rd Degree:

Intentionally Causing Physical Injury

1. The defendant caused another person to suffer physical injury; and
2. The defendant intended to injure the other person.

Recklessly Causing Physical Injury

1. The defendant caused another person to suffer physical injury; and
2. The defendant acted recklessly.

Negligently Causing Physical Injury

1. The defendant caused another person to suffer physical injury; and
2. The defendant acted with criminal negligence.

In this context, "physical injury" refers to substantial pain or the impairment of any physical condition. Additionally, "criminal negligence" describes actions that are so clearly careless that the risks would be obvious to ordinary members of society.

Examples of Third Degree Assault in New York include the following:

• A defendant punches another person in the face, causing a black eye.
• A defendant throws a heavy object out of their apartment window, hitting a passerby.
• A defendant negligently cuts a person with a switchblade knife while playing with the weapon.

Often, prosecutors bring Assault in the Third Degree charges along with one or more of the following:

• Assault in the Second Degree – N.Y. Penal Law § 120.05
• Assault in the First Degree – N.Y. Penal Law § 120.10
• Reckless Assault of a Child – N.Y. Penal Law § 120.01
• Vehicular Assault in the Second Degree – N.Y. Penal Law § 120.03
• Vehicular Assault in the First Degree – N.Y. Penal Law § 120.04
• Aggravated Vehicular Assault – N.Y. Penal Law § 120.04-a
• Menacing in the First Degree – N.Y. Penal Law § 120.13
• Menacing in the Second Degree - N.Y. Penal Law § 120.14
• Menacing in the Third Degree – N.Y. Penal Law §120.15
• Reckless Endangerment in the Second Degree – N.Y. Penal Law § 120.20
• Reckless Endangerment in the First Degree – N.Y. Penal Law § 120.25

There are several defenses to Assault in the Third Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a "not guilty" verdict. The most common defenses include the following:

• You did not act intentionally, recklessly, or with criminal negligence;
• You were acting in self-defense;
• You were acting in defense of another person; and
• The alleged victim did not experience physical injury.

Assault in the Third Degree is a class A misdemeanor. In New York, class A misdemeanor offenses carry a maximum sentence of up to 364 days in jail and a fine of up to $1,000.

If you've been arrested for Assault in the Third Degree, it is important you know everything about the crime you've been charged with, including what the government needs to prove and what defenses may be available to you. At Tilem & Associates, P.C., our dedicated New York criminal defense attorneys have decades of experience defending the rights of clients charged with all types of assault offenses and other violent crimes. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.