Assault in the THIRD degree in New York


Fighting is a common occurrence in college.  It happens at parties, in bars, and outside (usually alcohol is involved).   Like most NY crimes, there is a sliding scale based on if there is an injury to a person, if weapons were used, and number of people involved.   

Assault in the 3rd degree (Penal Law, s. 120.00(1))

 Under our law, a person is guilty of Assault in the Third Degree when, with intent to cause physical injury to another person, he or she causes such injury to that person [or to a third person]. PHYSICAL INJURY means impairment of physical condition or substantial pain.

Penalties:   Class A misdemeanor

  • up to 1 year in jail
  • up to 3 years of Probation (closely monitored by the state)
  • up to $1,000 fine
  • permanent criminal record if plea or convicted!  

*NOTE: If a weapon is involved, then the charges increase dramatically.  

Fighting charges can be complicated because it is always a question as to “who started it?”  There is also the question if somebody was acting in self-defense.  If somebody gets hurt during the fight, then the seriousness of the case increases too.  

If you are charged with this crime, then you absolutely need to an attorney to defend you.  The potential penalties are severe and these cases can often be defended well (depending on the facts and circumstances).  

If you are charged with an Assault crime, call us:  607-229-5184

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