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Experienced New York Assault Lawyer | Lebedin Kofman LLP
In New York, assault laws are designed to address and penalize acts of intentional harm or threats of violence against others. The severity of charges can vary widely, from misdemeanors for minor injuries to felonies for serious harm or assault with a deadly weapon. These gradations in assault charges—ranging from third-degree assault, which is considered a misdemeanor, to first-degree assault, a serious felony—reflect the gravity of the act and its consequences. The law takes into account various factors such as the intent behind the action, the degree of injury, and the specific circumstances under which the assault occurred. Understanding the distinctions within these laws is vital, as they directly influence the potential penalties and legal strategies available to the defense.
New York’s assault laws require a nuanced understanding that goes beyond a layperson’s grasp. For individuals facing assault charges, having a background of the laws involved is not merely an academic matter—it’s a critical factor that can affect the rest of their lives. Lebedin Kofman LLP offers the guidance of experienced New York criminal defense lawyers who are well-versed in the specifics of New York’s legal system. Our New York assault lawyers are dedicated to providing clear and strategic legal counsel, ensuring that our clients are not only heard but also effectively represented.
If you’re dealing with the weight of assault charges, schedule a consultation with one of our Nassau County criminal defense attorneys today at 646-663-4430. Together, we can work towards a legal strategy that aims to protect your rights and secure your best interests with clarity and precision.
Seasoned NY Attorney Russ Kofman Discusses the Definition of Assault Under New York Law
In New York, the legal definition of assault is primarily centered around the actual infliction of physical injury to another person. Under New York Penal Law, assault occurs when an individual intentionally or recklessly causes physical injury to another person. In simpler terms, there must be a physical act that results in injury for an assault to have taken place according to New York law. The severity of the assault is categorized into different degrees based on factors such as the extent of the injury, the intent behind the act, the use of a weapon, and the vulnerability of the victim.
By contrast, some other states have a broader definition of assault that can include the mere threat of bodily harm. In these jurisdictions, an individual can be charged with assault even if there is no physical contact, as long as there is a credible and immediate threat that puts someone in fear of impending violence. Essentially, the act of creating a reasonable fear of imminent harm in another person can be enough to constitute an assault in these states.
The distinction is significant in the context of legal defense and prosecution. In New York, the requirement for physical injury means that prosecutors must prove that the defendant’s intent and action directly resulted in the victim’s injury. This creates a higher threshold for conviction compared to states where a threat alone can lead to assault charges. For defendants, this distinction in definition can be a critical aspect of their defense strategy. It potentially allows for arguments that, while there may have been a confrontation or threat, no actual assault occurred under New York law since no physical injury was inflicted.
Understanding these nuances is essential for anyone involved in an assault case, as the legal outcomes can vary greatly depending on the specific definitions and requirements of the law in the jurisdiction where the charges are brought.
Degrees of Assault Charges in New York
Assault charges in New York range from third-degree, which is considered a misdemeanor, to first-degree, which is a felony:
- Assault in the Third Degree (NYPL § 120.00): This is the least severe assault charge and involves intentionally causing physical injury to another person, or recklessly causing physical injury, or causing injury through criminal negligence with a weapon. Considered a Class A misdemeanor, it can result in up to 1 year in jail, probation, fines, and restitution.
- Assault in the Second Degree (NYPL § 120.05): This charge involves intentional serious physical injury to another person or assaulting a police officer or a protected individual. It may also involve using a deadly weapon or dangerous instrument during the assault. Second-degree assault is a Class D felony which can lead to a prison sentence ranging from 2 to 7 years, along with potential fines and restitution.
- Assault in the First Degree (NYPL § 120.10): This is the most serious form of assault and involves causing serious physical injury to another person with intent and by means of a deadly weapon or dangerous instrument. It also covers certain specific circumstances such as disfigurement or the risk of death. First-degree assault is a Class B felony. The sentence can span from 5 to 25 years in prison.
Each degree of assault carries different legal consequences and potential sentences, hence the importance of legal representation.
The Role of Intent in Assault Cases
Intent is a critical element in New York assault cases. To convict someone of assault, prosecutors must typically prove that the defendant had the intention to cause physical harm to the victim. For example, if someone causes harm to another person by accident, it may not be classified as assault because there was no intent to harm. However, cases involving reckless behavior can still fall under assault if the perpetrator consciously disregarded the risk of causing injury.
Differences Between Assault and Battery in New York
While the terms assault and battery are often used interchangeably in everyday language, they have distinct legal definitions and implications. In many jurisdictions, assault refers to the threat or attempt to injure, while battery refers to the actual physical contact and harm. In New York, however, the term “battery” is not commonly used in the legal system. The penal code addresses various acts of physical harm under the umbrella of assault charges as defined above. Understanding these distinctions is crucial for a proper legal approach to these types of cases.
The complexities of assault law in New York require a deep understanding of the legal definitions, degrees of charges, the importance of intent, and distinctions between similar offenses. A New York assault lawyer must be well-versed in all these aspects to effectively represent their clients, whether they are defending those accused of assault or advocating for victims seeking justice.
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Types of Assault Cases Handled
New York laws categorize assault cases into various types based on the circumstances and severity of the offense. Each type of assault may involve different elements of the crime, legal defenses, and potential penalties. Below are some of the common types of assault cases handled under New York law.
Domestic Assault and Family Violence
In New York, there isn’t a separate offense specifically called “domestic violence.” Instead, acts that would be considered domestic violence are prosecuted under existing statutes, including various degrees of assault, stalking, menacing, and strangulation, among others. When such crimes are committed within a domestic context—meaning between family members, intimate partners, or individuals in a domestic relationship—they are treated with the same severity as similar crimes committed outside of such a relationship, but with additional considerations related to the domestic context.
The domestic context can influence:
- Charges: While New York does not have a specific “domestic violence” charge, the relationship between the alleged offender and the victim can lead to specific charges. For example, if an assault occurs and the individuals are in an intimate relationship, the case may be classified under family offenses, which are handled in Family Court, Criminal Court, or both.
- Orders of Protection: In domestic cases, courts often issue orders of protection which serve to prevent further harm or harassment to the victim. These orders can be more readily applied in domestic situations due to the ongoing risk of contact between the parties involved.
- Sentencing: While sentencing for assault charges is based on the degree of the offense, judges may consider the domestic nature of the relationship during sentencing, potentially resulting in mandated programs like batterer intervention programs or other rehabilitative measures.
- Family Court Proceedings: In addition to charges, individuals involved in domestic incidents may find themselves in Family Court if there are concurrent issues such as custody, visitation, and child support that need to be addressed.
- Enhanced Penalties: Repeat offenses in a domestic context may lead to enhanced penalties, including elevated charges for repeated violations of orders of protection.
When law enforcement responds to an incident of domestic violence, they will assess the situation and determine which laws apply based on the actions of the individuals involved. If an assault occurred, the appropriate degree of assault charge would be applied based on the severity of the injuries, the intent behind the act, and any other relevant factors as defined by New York Penal Law.
While New York does not define “domestic violence” as a separate offense, the state’s criminal justice system is structured to address it through a variety of existing criminal charges and with additional measures that acknowledge the serious impact of crimes committed within a domestic setting.
Assault with a Deadly Weapon
Assault with a deadly weapon is a more serious offense that involves attacking another person with an object capable of causing serious physical injury or death. This type of assault is usually charged as second-degree or first-degree assault, depending on the intent and the extent of the injury caused, and is considered a felony with significant penalties, including long-term imprisonment.
Predatory Sexual Assault
Predatory sexual assault is one of the most serious sexual offenses under New York law. It involves committing a first-degree rape, criminal sexual act, aggravated sexual abuse, or forcible touching against another person, and is often characterized by the use of physical force, the threat of force, or the incapacity of the victim. Conviction can result in severe penalties, including life imprisonment.
Vehicular Assault and Aggravated Vehicular Assault
Vehicular assault involves causing serious physical injury to another person as a result of driving a vehicle while intoxicated or impaired by drugs. Aggravated vehicular assault may be charged if the driver has a high blood alcohol concentration, has a previous conviction for driving while intoxicated, or causes serious injury to more than one person. These offenses are treated as felonies, and the severity of the charges increases with the harm caused and the recklessness of the driver’s behavior.
Reckless Assault
Reckless assault in New York refers to cases where the perpetrator recklessly engages in conduct that creates a grave risk of serious physical injury to another person. This type of assault often does not involve intent to cause harm but rather a disregard for the substantial risk of such harm occurring. Depending on the specific circumstances, such as the involvement of a weapon or the degree of risk, this can be charged as varying degrees of assault.
Each type of assault case carries its own set of legal complexities and requires a nuanced understanding of New York laws. Individuals accused of these offenses should seek qualified legal representation to ensure their rights are protected and to tackle the criminal justice system.
Penalties for Assault Charges in New York
The repercussions of being found guilty of an assault charge in New York can be severe and multi-faceted, with potential sentences including imprisonment, monetary fines, and probation. The specific penalties are heavily influenced by two main factors: the degree of the offense and the defendant’s criminal history.
Class A Misdemeanor
- Offense Example: Third-Degree Assault
- Maximum Sentence: Up to 1 year in jail
- Fines: Can reach up to $1,000
Class E Felony
- Offense Examples:
- Reckless Assault of a Child by a Child Day Care Provider
- Aggravated Assault upon a Person Less Than Eleven Years Old
- Second-Degree Vehicular Assault
- Maximum Sentence: Up to 4 years in prison
- Fines: Can reach up to $5,000
Class D Felony
- Offense Examples:
- Second-Degree Assault
- Reckless Assault of a Child
- First-Degree Vehicular Assault
- Maximum Sentence: Up to 7 years in prison
- Fines: Can reach up to $5,000
Class C Felony
- Offense Example: Second-Degree Gang Assault
- Maximum Sentence: Up to 15 years in prison
- Fines: Can reach up to $15,000
Class B Felony
- Offense Examples:
- First-Degree Assault
- First-Degree Gang Assault
- Maximum Sentence: Up to 25 years in prison
- Fines: Can reach up to $30,000
The court’s sentencing may take into account the context of the offense and any mitigating or aggravating factors. Probation terms, if imposed, come with conditions that need strict adherence, or the offender risks further legal consequences. Moreover, a conviction can result in a criminal record that may affect future employment, educational opportunities, and personal relationships.
It is important for those facing assault charges to seek competent legal advice to understand the potential consequences and explore all available legal defenses.
Possible Defense Strategies in Assault Cases
For individuals facing assault charges in New York, a well-crafted defense strategy is crucial. The specific approach will depend on the circumstances of the case, but there are several common defenses that can potentially be used to mitigate the charges or even lead to an acquittal. Here’s an overview of some of the most prevalent defense strategies in assault cases within the context of New York’s legal framework.
Self-Defense or Defense of Others
One of the most common defense strategies in assault cases is claiming self-defense or defense of others. Under New York law, a person may use reasonable force to protect themselves or someone else from imminent physical harm. However, the force used must be proportional to the threat faced. For example, if someone is threatened with a non-deadly force, they can’t typically justify using deadly force in response. Evidence such as witness testimony, medical reports, and surveillance footage can be critical in substantiating a self-defense claim.
Lack of Intent or Mistaken Identity
New York assault laws require that the prosecution prove intent to cause injury for a conviction in many assault cases. If the defendant did not have the intent to harm, or if the harm was accidental, this could be a solid defense. Similarly, mistaken identity can be raised as a defense if the defendant was incorrectly identified as the perpetrator. This could occur due to various reasons, such as poor lighting, unreliable eyewitness testimony, or other factors leading to a misidentification. Presenting an alibi, or using forensic evidence can be vital in supporting these defenses.
Insufficient Evidence and Disproving Allegations
A defendant can argue that the prosecution has insufficient evidence to prove the charges beyond a reasonable doubt. The defense can challenge the credibility of the prosecution’s evidence and witnesses, and present contradictory evidence. This might include highlighting inconsistencies in witness testimonies, demonstrating the impossibility of the assault as described, or showcasing evidence that calls into question the validity of the prosecution’s case. The defense may also work to demonstrate the accused’s character and reputation to counteract allegations.
Negotiating Plea Deals
When facing assault charges, sometimes the evidence against a defendant may be strong, or there may be other factors that make a full acquittal unlikely. In such cases, the defense strategy may involve negotiating a plea deal with the prosecution. Plea bargaining can result in reduced charges or a lighter sentence in exchange for a guilty plea. It is a pragmatic approach that can spare the defendant the uncertainty and expense of a trial. Skilled negotiation by the assault attorney is critical in these situations to achieve the most favorable outcome for the defendant.
Each of these strategies requires a thorough investigation of the facts, a deep understanding of New York’s assault laws, and a strategic application of legal knowledge. A seasoned assault attorney will evaluate the specific circumstances of the case, advise on the best course of action, and work diligently to advocate for the interests of the defendant throughout the legal process.
Consequences of Assault Convictions
An assault conviction in New York carries serious penalties and long-term consequences that can affect various aspects of a person’s life. Understanding the lasting implications of having a criminal record, and the potential for probation, parole, or expungement is crucial for individuals facing assault charges.
Long-Term Implications of an Assault Conviction
Beyond the immediate penalties, an assault conviction can have far-reaching effects. A criminal record can impact employment opportunities, as many employers conduct background checks. It can also affect housing prospects, with landlords often reluctant to rent to individuals with violent criminal histories. Additionally, an assault conviction may result in the loss of certain professional licenses, immigration consequences for non-citizens, and the forfeiture of certain civil rights, like voting or owning firearms.
Probation and Parole Considerations
Probation is a common alternative to incarceration for those convicted of assault, particularly for lower-degree offenses or first-time offenders. Probation conditions may include regular meetings with a probation officer, attending counseling, adhering to curfews, and avoiding further legal trouble.
Parole, on the other hand, is the supervised release of a prisoner before the completion of their maximum sentence. To be granted parole, inmates typically undergo a hearing where factors such as behavior in prison, remorse, and plans post-release are considered. Violating the terms of probation or parole can lead to being taken back into custody.
Special Considerations in New York Assault Law
New York assault laws incorporate specific provisions that address the nature of the victim, the motivation behind the crime, and the criminal history of the offender. These factors can significantly affect the severity of the charges and the penalties imposed upon conviction. Let’s explore how these special considerations are integrated into the legal landscape of assault offenses in New York.
Assault Involving Public Servants or Officials
Assaults against public servants, such as police officers, firefighters, paramedics, teachers, or any other government officials, are taken particularly seriously in New York. If a person is convicted of assaulting a public servant while they are performing their official duties, the offense is often elevated to a higher degree of assault, which carries stiffer penalties. For instance, assaulting a police officer may be charged as assault in the second degree, a Class D violent felony, even if the injuries are less severe.
Hate Crimes and Assault Based on Discrimination
New York law recognizes hate crimes as distinct offenses where the perpetrator targets a victim due to their perceived or actual race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. When an assault is determined to be a hate crime, it is subject to enhanced sentencing guidelines. This means that an assault charge can be elevated, resulting in more severe penalties upon conviction, to reflect the gravity of the bias motivation behind the act.
Assault Involving Minors or Vulnerable Adults
Assaults involving minors or individuals who are considered vulnerable due to age, disability, or other factors are also subject to special considerations under New York law. Such cases are treated with additional severity, and the law provides for greater protection of these individuals. Assaults against minors can lead to charges such as endangering the welfare of a child or, depending on the degree of injury and the age of the child, aggravated assault of a child, which is a felony offense. Similarly, offenses against vulnerable adults can lead to elevated charges and sentences.
Impact of Prior Convictions on Current Charges
The existence of prior convictions can significantly impact the charges and penalties in current assault cases. In New York, individuals with previous convictions, particularly for violent crimes, may face enhanced penalties under the state’s habitual offender laws. The law aims to impose more severe punishment on repeat offenders in an effort to deter future criminal activity. The prior convictions are taken into account during the sentencing phase, and they can elevate the seriousness of the charges, leading to longer prison terms, higher fines, and more stringent conditions upon release.
In all these instances, New York’s assault laws are designed to reflect the seriousness of the offense while providing special protections to certain classes of victims. The legal system places a strong emphasis on the context of each individual case, and these special considerations ensure that justice is served in a manner proportionate to the circumstances of the crime. A skilled assault attorney can assist in tailoring a strategic defense.
How Working With a Seasoned New York Assault Attorney Can Help
In New York, being charged with assault can lead to a stressful and uncertain time. Working with a skilled assault attorney is essential in facing the legal system and can make a significant difference in the outcome of the case. Lawyers with experience in assault cases bring a deep understanding of the law, which is crucial when building a defense. They are adept at analyzing the details of the incident, scrutinizing the evidence presented by the prosecution, and identifying any procedural errors or potential violations of rights that may have occurred during the arrest or investigation.
One of the primary roles of a skilled attorney is to ensure that the charged individual’s story is heard and that their legal rights are protected throughout the process. This involves clear and effective communication with the client, the prosecution, and the court. An attorney can negotiate with prosecutors, sometimes reducing charges or even getting them dismissed if there are weaknesses in the case or mitigating circumstances. If a case goes to trial, the attorney is responsible for presenting a compelling case on behalf of the defendant, cross-examining witnesses, and arguing before the judge and jury.
Moreover, an experienced attorney understands the emotional toll that assault charges can have on an individual and their family. They offer not only legal representation but also guidance and support during a challenging time. An attorney can explain the legal process in understandable terms, helping to reduce anxiety and providing the client with realistic expectations about possible outcomes.
In essence, a skilled attorney is indispensable for those charged with assault in New York. They play a multifaceted role that combines legal acumen with negotiation skills and compassionate client support, all aimed at securing the most favorable result while minimizing the negative impact on the client’s life.
Tailored Legal Strategies From Top-Rated Assault Attorneys at Lebedin Kofman LLP
The legal terrain of New York’s assault laws can be intricate and intimidating. If you’re facing assault charges, grasping these laws isn’t just helpful—it’s critical for your defense and future well-being. A conviction could seriously impact your life, potentially leading to time behind bars, financial penalties, and long-term ramifications on your career and personal relationships.
Lebedin Kofman LLP offers a team of knowledgeable assault lawyers who are familiar with the challenges you’re up against. Our approach is straightforward and diligent, aimed at clarifying the legal process for you while vigorously defending your rights.
Our commitment is to work alongside you, providing clear legal advice and a strong strategy. With a keen eye for detail and a steadfast dedication to your case, we strive to navigate the complexities of your situation to achieve the best possible outcome.
Facing assault charges is a serious matter, and you deserve a team that treats your case with the seriousness it warrants.
Reach out to Lebedin Kofman LLP today at 646-663-4430. Our capable assault lawyers are prepared to stand by your side and advocate on your behalf. Let’s get started on your defense today and take a step toward protecting your future.
Accused of Assault in the Third Degree? Call Our Firm for Legal Help.
Assault in the Third Degree, as defined under New York law, is a serious criminal offense with potentially life-altering consequences. This charge can result from intentionally or recklessly causing physical injury to another person or acting with criminal negligence. When individuals find themselves facing allegations of Assault in the Third Degree in Manhattan, it becomes imperative to understand both the intricacies of this offense and the critical role a skilled New York assault lawyer can play in navigating the legal complexities.
Related Offenses
- Assault in the First Degree – NYPL § 120.10
- Assault in the Second Degree – NYPL § 120.05
- Assault in the Third Degree – NYPL § 120
- Homicide – NYPL § 125
Contact Lebedin Kofman LLP today at (646) 663-4430 to schedule a consultation.
Elements and Definitions of Assault in the Third Degree (NYPL § 120)
A person can be charged with Assault in the Third Degree if:
- They intentionally caused physical harm or injury to another person.
- They recklessly caused physical injury to another person.
- They injure a third party while intending to injure another person.
- With criminal negligence, they cause injury to another person using a deadly weapon or instrument
Assault in the third degree is a Class A misdemeanor in New York.
“Physical injury” under this definition does not require the level of harm caused to be severe but rather an “impairment of physical condition or substantial pain”.
“Criminal negligence” means conduct that contributes to the risk of substantial and unjustifiable risk that physical injury will occur to another with a deadly weapon or instrument. The requirement for criminal negligence is not equal to the standard used in civil lawsuits for compensation. In this context, criminal negligence is seen as a failure to recognize a risk such that it is a departure or unusual from what is considered deviant to the community’s perception of right and wrong.
“Recklessness”, is different from criminal negligence in that the person recognizes the risk of injury but the person continues to engage in the risky conduct and consciously disregards the risk.
A “deadly weapon or instrument” refers to an instrument, article, or substance (including vehicles) that, depending on the manner it is used, is capable of inflicting serious physical injury or death to another person.
Last but not least, “intent” in this context means the conscious objective or purpose to cause physical harm and injury to another person.
| hree Ways Assault in the Third Degree Can Be Committed in New York | Definition |
|---|---|
| Intentionally | A person causes injury with the intent to harm. The objective or purpose is to cause injury. Injury can occur even if the wrong person is harmed. |
| Recklessly | A person recklessly causes physical injury to another. They engage in conduct with unjustifiable risk, are aware of the risks but disregard them, and their behavior deviates from what a reasonable person would do. |
| With Criminal Negligence | A person negligently causes injury using a deadly weapon or dangerous instrument. This involves the use of deadly weapons such as, but not limited to, firearms, switchblades, metal knuckles, daggers, and billy clubs. |
How to Beat a 3rd Degree Assault Charge
If you’re facing a charge of assault in the third degree in New York, understanding your legal defenses is crucial. One of the most compelling defenses in such cases is proving you acted in self-defense. Under New York law, you are allowed to use reasonable force to protect yourself or another person from what you perceive as an imminent threat of physical harm.
To successfully argue self-defense, you need to demonstrate that your belief of imminent danger was reasonable given the circumstances. This means that your perception of the threat and your response should align with what any reasonable person would believe and do under the same circumstances.
Here are some steps to strengthen your self-defense claim:
- Evidence: Gather any physical evidence and eyewitness accounts that support your version of events. Photos, videos, and credible witness testimonies can be crucial.
- Consistency: Make sure your account of the incident remains consistent over time. Inconsistencies can weaken the credibility of your self-defense claim.
- Proportionality: Show that your use of force was proportional to the threat. The force used should not exceed what would be considered necessary to prevent the danger.
- Legal Assistance: Consult with an experienced assault lawyer. A knowledgeable attorney can effectively present your defense and handle the complexities of the legal system.
By proving that you acted out of a reasonable belief that you were in imminent danger, you can establish a strong self-defense case, potentially leading to a dismissal of the charge against you.
Assault In The Third Degree - NYPL § 120
New York laws categorize assault cases into various types based on the circumstances and severity of the offense. Each type of assault may involve different elements of the crime, legal defenses, and potential penalties. Below are some of the common types of assault cases handled under New York law.
Accused of Assault in the Third Degree? Call Our Firm for Legal Help.
Assault in the Third Degree, as defined under New York law, is a serious criminal offense with potentially life-altering consequences. This charge can result from intentionally or recklessly causing physical injury to another person or acting with criminal negligence. When individuals find themselves facing allegations of Assault in the Third Degree in Manhattan, it becomes imperative to understand both the intricacies of this offense and the critical role a skilled New York assault lawyer can play in navigating the legal complexities.
Related Offenses
- Assault in the First Degree – NYPL § 120.10
- Assault in the Second Degree – NYPL § 120.05
- Assault in the Third Degree – NYPL § 120
- Homicide – NYPL § 125
Contact Lebedin Kofman LLP today at (646) 663-4430 to schedule a consultation.
Elements and Definitions of Assault in the Third Degree (NYPL § 120)
A person can be charged with Assault in the Third Degree if:
- They intentionally caused physical harm or injury to another person.
- They recklessly caused physical injury to another person.
- They injure a third party while intending to injure another person.
- With criminal negligence, they cause injury to another person using a deadly weapon or instrument
Assault in the third degree is a Class A misdemeanor in New York.
“Physical injury” under this definition does not require the level of harm caused to be severe but rather an “impairment of physical condition or substantial pain”.
“Criminal negligence” means conduct that contributes to the risk of substantial and unjustifiable risk that physical injury will occur to another with a deadly weapon or instrument. The requirement for criminal negligence is not equal to the standard used in civil lawsuits for compensation. In this context, criminal negligence is seen as a failure to recognize a risk such that it is a departure or unusual from what is considered deviant to the community’s perception of right and wrong.
“Recklessness”, is different from criminal negligence in that the person recognizes the risk of injury but the person continues to engage in the risky conduct and consciously disregards the risk.
A “deadly weapon or instrument” refers to an instrument, article, or substance (including vehicles) that, depending on the manner it is used, is capable of inflicting serious physical injury or death to another person.
Last but not least, “intent” in this context means the conscious objective or purpose to cause physical harm and injury to another person.
| hree Ways Assault in the Third Degree Can Be Committed in New York | Definition |
|---|---|
| Intentionally | A person causes injury with the intent to harm. The objective or purpose is to cause injury. Injury can occur even if the wrong person is harmed. |
| Recklessly | A person recklessly causes physical injury to another. They engage in conduct with unjustifiable risk, are aware of the risks but disregard them, and their behavior deviates from what a reasonable person would do. |
| With Criminal Negligence | A person negligently causes injury using a deadly weapon or dangerous instrument. This involves the use of deadly weapons such as, but not limited to, firearms, switchblades, metal knuckles, daggers, and billy clubs. |
How to Beat a 3rd Degree Assault Charge
If you’re facing a charge of assault in the third degree in New York, understanding your legal defenses is crucial. One of the most compelling defenses in such cases is proving you acted in self-defense. Under New York law, you are allowed to use reasonable force to protect yourself or another person from what you perceive as an imminent threat of physical harm.
To successfully argue self-defense, you need to demonstrate that your belief of imminent danger was reasonable given the circumstances. This means that your perception of the threat and your response should align with what any reasonable person would believe and do under the same circumstances.
Here are some steps to strengthen your self-defense claim:
- Evidence: Gather any physical evidence and eyewitness accounts that support your version of events. Photos, videos, and credible witness testimonies can be crucial.
- Consistency: Make sure your account of the incident remains consistent over time. Inconsistencies can weaken the credibility of your self-defense claim.
- Proportionality: Show that your use of force was proportional to the threat. The force used should not exceed what would be considered necessary to prevent the danger.
- Legal Assistance: Consult with an experienced assault lawyer. A knowledgeable attorney can effectively present your defense and handle the complexities of the legal system.
By proving that you acted out of a reasonable belief that you were in imminent danger, you can establish a strong self-defense case, potentially leading to a dismissal of the charge against you.
Defenses
When facing charges of Assault in the Third Degree, several legal defenses may be applicable, including:
Physical Injury
One possible defense against Assault in the Third Degree in New York is to challenge the level of the physical injury inflicted. The key element in this offense is that the injury must meet a certain threshold of injury to warrant a charge under NYPL § 120. While it isn’t necessary to prove that the injury was severe to prove charges of Third-Degree Assault, the injury must be more substantial than a complaint and must be substantiated by evidence. If the defendant can demonstrate that the injury does not meet this threshold, it may serve as a defense.
Self Defense
Under self-defense principles, a defendant may argue that they acted to protect themselves or others from imminent harm, which can justify the use of force, even if it results in physical injury to another person.
To successfully assert self-defense as a defense, the defendant must typically show:
- They reasonably believed that they or someone else was in immediate danger of physical harm or death.
- Their use of force was necessary to protect themselves or others from that danger.
- The force used was proportionate to the perceived threat.
It’s important to note that self-defense must be supported by credible evidence and a reasonable belief in the need for self-protection. An experienced criminal defense attorney can help build a strong self-defense case by presenting the facts and circumstances that demonstrate the defendant’s reasonable fear of harm.
Defenses
A possible defense that could be used against charges of healthcare fraud is a lack of knowledge. The law does not intend to punish cases of human error and a person who displays a lack of knowledge or intent to defraud a healthcare provider may be able to use this defense. Being coerced into committing fraud can also be a possible defense.
In addition, according to New York Penal Law § 177.30, an employee or bookkeeper may also not be prosecuted for healthcare fraud if they were only following the instructions of their employer.
These defenses, based on the severity of physical injury and self-defense, can be crucial strategies for individuals facing charges of Assault in the Third Degree in New York. It’s essential to consult with an attorney who can assess the specific facts of the case and determine the most effective defense strategy based on the circumstances.
Penalties
Assault in the Third Degree is classified as a class A misdemeanor in New York. The potential penalties for this offense can include a jail sentence of up to one year. In addition, instead of jail time, the court may impose probation of up to three years, during which the defendant must comply with certain conditions. The court may also impose fines as part of the sentence and the defendant may also be required to compensate the victim for medical expenses and other losses.
Assault in the Third Degree (NYPL § 120)
A person is guilty of assault in the third degree when:
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.
Getting the Help of a Skilled Manhattan Third-Degree Assault Attorney from Lebedin Kofman LLP
When faced with charges of Assault in the Third Degree in Manhattan, securing the services of a skilled attorney is essential to safeguard your rights and pursue the best possible outcome. At Lebedin Kofman LLP, our experienced Manhattan Third-Degree Assault attorneys are committed to providing unwavering legal advocacy.
Our team understands the nuances of New York’s legal system and the complexities of Assault in the Third Degree cases. We work tirelessly to examine every aspect of the case. With a deep understanding of the law and a dedication to protecting our clients’ rights, we craft robust defense strategies tailored to each individual’s unique circumstances.
We believe that every person is entitled to a strong defense, and we strive to ensure that our clients receive fair treatment under the law. From the initial consultation to the resolution of the case, our Manhattan Third-Degree Assault attorneys provide comprehensive legal representation, guiding clients through the legal process and fighting vigorously to achieve the best possible outcome.
If you or someone you know is facing charges of Assault in the Third Degree in Manhattan, don’t navigate the legal complexities alone.
Call Lebedin Kofman LLP at (646) 663-4430 today to schedule a free consultation. Let us stand by your side and provide the skilled legal defense you deserve. Serving multiple locations in Manhattan and Nassau County, Long Island.
New York City Third Degree Assault Lawyers - Assault in NYC
At Lebedin Kofman LLP, our team is ready to defend against your third-degree assault charges in New York. Although an assault is usually classified as a misdemeanor, that does not mean it is not serious. An assault conviction can still result in jail time and/or fines. Additionally, it can have repercussions that affect you for the rest of your life. As such, it is beneficial to have one of our attorneys handle your case. We can walk you through the criminal justice process, explain the charge, and discuss your legal options. We can leverage our knowledge and resources to seek an optimal outcome on your behalf.
Our New York third-degree assault attorneys provide high-quality legal representation. Because we are a boutique law firm, we can give each client the care and attention they deserve. When you turn to us, you will have direct access to one of our New York City assault attorneys, and your case will not be handed over to a paralegal. That said, we operate as a team and will share insights to build a comprehensive defense strategy on your behalf. Understanding that you may have many questions about your case, we will be available 24/7 to address your concerns.
Are you ready to get started on your defense? Call us at (646) 663-4430 or contact us online to schedule your free initial consultation with an experienced New York City lawyer.
What Constitutes Assault In The Third Degree In New York?
The elements of third-degree assault are enumerated in New York Penal Code § 120.00. The statute provides that an offense is committed when a person causes physical injury to another. Physical injury is defined as impairing the physical condition of someone else or causing them substantial pain.
The law is further separated into three different states of mind the actor may have been in when engaging in the prohibited conduct.
The three ways assault in the third degree can be committed in New York are as follows:
- Intentionally. A person might be accused of violating the assault law if they intended to injure another person and did so. To act with intent means that the end result (causing injury) was the person’s objective or purpose. Note that the person injured need not have been the individual the actor intended to harm for charges to arise. In other words, a person may still be accused of a violation if they meant to hurt Person A but hurt Person B instead.
- Recklessly. A person commits an offense when they recklessly cause physical injury to another. To act recklessly means to have engaged in conduct that places others at an unjustifiable risk of harm. When carrying out the action, the person was aware of the possible results of their behavior and continued to do it regardless of the risks. The risk involved must have been such that it deviated from the conduct a reasonable person would have engaged in under similar circumstances.
- With criminal negligence. Charges for assault in the third degree may arise when someone, with criminal negligence, causes injury to another by use of a deadly weapon or dangerous instrument. Deadly weapons include, but are not limited to:
- Firearms
- Switchblades
- Metal knuckles
- Daggers
- Billy clubs
Dangerous instruments are any items that, when handled in the manner used in the assaultive offense, could cause serious injury or death. For example, a bat, hammer, or car may be considered dangerous instruments.
A person acts with criminal negligence when they do something that places others at risk of physical injury, but they do not perceive that risk. Still, anyone with a general sense of right and wrong would have been aware of the seriousness of the actions.
Whether you have been accused of injuring someone intentionally, recklessly, or with criminal intent, our New York criminal defense lawyers are here to help you through your case. Multiple sides to every story exist, and we want to hear yours.
What Is The Sentence For Assault In The Third Degree In NYC?
Third-degree assault is a class A misdemeanor.
This level of crime is punishable by:
- Not more than 364 days in jail and/or
- Up to $1,000 in fines
The penalties listed above are the maximums that can be doled out for a conviction. However, depending on the situation, it may be possible to reduce or avoid penalties by casting doubt on the prosecutor’s case or demonstrating that mitigating factors were present.
Allow our criminal defense attorneys in New York to evaluate your case and determine a path forward.
Possible Defense to a Third-Degree Assault
Self-defense in New York is called justification. Justification or self-defense can be defined as the defense of oneself or another person. A defense attorney can raise justification to counter the assault charge when a person is accused of it. Justification can, however, be referred to as an affirmative defense. This means that the prosecution has to prove justification by proving the preponderance or absence of evidence. This standard is lower than proof beyond reasonable doubt and the prosecutor has to prove it at trial.
In order to claim justification, the person charged with Assault cannot be the initial aggressor. The person cannot use force so far beyond the scope of the original attack. An experienced defense attorney might be able to convince a prosecutor not to bring up the issue of justification when the defendant is facing assault charges. Each case is unique and each case depends on a different set of facts.
Orders of Protection Related to a New York City Assault
When a person has been charged with assault, the District Attorney will request an Order of Protection. These orders are almost always granted by a Judge. This is especially true for cases involving alleged Domestic Violence, or where the accused and the complaining witnesses know each other. The Order of Protection makes it mandatory that a person is away from the complaining witness. It also prohibits any type of contact. The Order of Protection may also be part of a disposition.
An Order of Protection for Assault in The Third Degree will continue in effect up to 5 years after conviction. A person convicted of Harassment, Second Degree, or Disorderly Conduct will be subject to the Order of Protection for 2 years. An ACD is an Adjournment of Contemplation of Dismissal. This means that the Order of Protection will continue to be in force for 6 months starting from the date of the ACD’s acceptance. If the Assault charge is connected to Domestic Violence, the Order of Protection will apply for 12 months starting from the date of acceptance.
Is Third-Degree Assault A Serious Offense In New York City?
Third-degree assault is the lowest of New York’s three levels of assault. Second-degree is considered more serious, and first-degree is regarded as the most severe.
Even though there are two crimes above it, third-degree assault is still a serious offense itself. As noted before, it’s a misdemeanor that can lead to jail time and/or a fine. These penalties can negatively affect you personally, professionally, and financially.
Additionally, if you are convicted of the offense, that information will appear on your criminal record. Thus, anytime a potential employer, landlord, or curious individual wants to check up on your history, they will see that you were found guilty of assault. That could cause them to make swift and adverse judgments about you. Therefore, you could be feeling the effects of the conviction long after you completed your sentence. And while New York allows you to seal your criminal record if you have no more than two convictions on it, you must wait 10 years after completing your sentence to pursue this remedy and the process for doing so can be complicated.
A serious criminal charge requires a serious criminal defense attorney, and our team is ready to deliver the representation you need.
Speak With a Criminal Defense Lawyer at Lebedin Kofman LLP Today
At Lebedin Kofman LLP, our third-degree assault attorneys will stand up for you in and out of court. We have exceptional negotiation and litigation skills and can use them to your advantage.
Learn about how we can build a solid defense for your New York assault charges by contacting us at (646) 663-4430 today. We offer a free initial consultation.
Third-Degree Assault in New York City
Penalties, fees, and restitution
New York law requires you to pay certain fees when you’re convicted. In the case of an assault, you may have to pay a $1,000 fine as part of your sentence if you are convicted. You will also need to pay a $25-$300 mandatory surcharge if you are convicted of a misdemeanor and a $25 victim assistance fee.
Your sentence may also include a requirement to pay restitution. In general, the maximum amount of restitution in New York is $15,000. To cover medical costs, however, the court may order that the amount should be increased.
In the event that you don’t pay any fees, fines, or restitution due, you could face a misdemeanor charge and be sent to jail for up to one year. Your wages may also be garnished or the state of New York might obtain a judgment against you. Based on your financial status, the court can reduce or modify the fee, fine, or restitution that you must pay.
Facing assault charges of any degree can have a significant impact on a person’s life. The penalties can be costly and can affect a lot of aspects of your life. It is crucial to seek the help of an experienced attorney right away when facing an assault charge. A skilled assault attorney can assist you and provide the legal support you need to protect your rights and freedom.
At Lebedin Kofman LLP, our team of NY defense attorneys has years of experience in handling assault cases. We may be able to help you create a strong defense strategy against the alleged crimes you are being charged with. Contact us today to schedule a free consultation with our New York assault defense lawyers.
Possible Defenses for New York Assault Cases
These are common defenses against Assault Charges in New York:
- Lack of intent – A common defense in assault cases involves proving that the accused did not intend to assault the other party. If someone is charged with intentional assault but the conduct was reckless, then the charge could be dropped.
- The extent of injuries – The terms “physical injury” and “serious bodily injury” have very specific meanings. Your attorney can request a copy of the victim’s hospital records and medical treatment records to be reviewed. Your defense attorney can also file a motion to dismiss charges if the records do not show what constitutes “physical injury” and “serious injury”.
Let’s take, for example, the charge of Assault in the Second Degree for punching another person without the use of any weapons, but the injury is described as pain and swelling to one’s face. The medical records show that the charge of Assault In the Second Degree is too high. Thus, your attorney can move to dismiss the Assault in Second Degree charge. In these circumstances, the appropriate charge would be Assault in the Third Degree.
If you are being charged with assault or attempted assault in the third degree in NY, it is important to seek the help of an experienced New York City assault defense lawyer. A skilled lawyer for criminal defense is well-versed when it comes to the NY Penal Law and may be able to help you protect your rights and freedom.
To schedule a free consultation with the skilled New York criminal defense attorneys at Lebedin Kofman LLP, contact (646) 663-4430.
Dropped Charges Vs. Dismissed Case in NY
It is common to use the terms “dismissed” and “dropped charges” interchangeably. While both can be considered favorable outcomes from the defendant’s standpoint, they are subject to different legal considerations when it comes to timing in New York.
The District Attorney cannot dismiss a case against a defendant unless a charge has been filed. However, a charge can be dropped either before or after a case has been filed. In other words, a charge can be dropped before trial in New York City.
Alternatively, it’s possible to file no charges. In this case, the D.A. decides not to file a lawsuit after an arrest. This scenario is usually the most ideal outcome for people who have been arrested in New York City.
An experienced New York criminal defense attorney can help you to increase the chances of your case being dismissed, dropped, or not filed. Attorney for criminal defense Russ Kofman is experienced in fighting for the rights of those who are charged with an assault or attempted assault. If you are looking for a top-rated New York criminal defense lawyer, contact Lebedin Kofman LLP today.
Experienced NY Criminal Defense Attorney at Lebedin Kofman LLP
Whether you did not intend to cause physical injury, or you accidentally struck someone, do not hesitate to let our firm fight for you from start to finish. We provide each of our clients with attentive and personalized legal representation to ensure we get the best possible outcome in your case.
Contact us today at (646) 663-4430 to discuss your case with our New York attempted assault lawyers! Our skilled NY attorneys may be able to help you protect your rights and your freedom if you are facing New York assault charges. Serving clients in the Bronx, Brooklyn, Manhattan, Staten Island, and Nassau County.
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