New York Penal Code 120.00 – Assault in the Third Degree

New York Penal Code 120.00 – Assault in the Third Degree

Assault in the third degree, covered under New York Penal Code 120.00, is the least serious assault charge in New York. It’s a class A misdemeanor that carries up to a year in jail[1].

There are a bunch of ways you can get charged with third degree assault in New York. Basically it covers intentionally or recklessly causing physical injury to another person[2].

Some examples of third degree assault include[3]:

• Hitting someone and causing a minor injury like a bruise or cut
• Recklessly shoving someone into a wall or down stairs
• Throwing an object at someone and injuring them
• Injuring someone by criminal negligence with a weapon or dangerous object

So third degree assault covers a pretty wide range of scenarios where someone gets hurt. The injuries don’t have to be serious – even minor bruising or scrapes count. The law is mainly trying to punish and deter people from intentionally or recklessly harming others.

Elements of Third Degree Assault

For a prosecutor to convict you of third degree assault, they need to prove these elements beyond a reasonable doubt[4][5]:

1. You caused physical injury to the victim
2. You intended to cause injury to the victim OR you acted recklessly and caused injury OR you acted with criminal negligence and caused injury with a weapon or dangerous object

Physical injury means impairment of physical condition or substantial pain. The injury doesn’t need to be serious, but it must be more than just minor redness or swelling[6].

Intent means you purposefully meant to cause injury. Recklessness is when you consciously disregarded a substantial risk of causing injury. Criminal negligence is failing to perceive a substantial risk of causing injury[6].

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So the prosecutor has to show one of those mental states along with resulting physical injury to prove third degree assault.

Defenses to Third Degree Assault

There are several legal defenses that can fight a third degree assault charge[4]:

• No injury – Argue the alleged victim had no or minor injuries not rising to the level of “physical injury” under the law
• No intent – Argue you didn’t intend to injure the victim if accused of intentional assault
• No recklessness – Argue you didn’t act recklessly if accused of reckless assault
• Self-defense – Argue you acted in self-defense against an attacker and had no duty to retreat
• Defense of others – Argue you were defending someone else from an attack and needed to use force
• Consent – Argue the alleged victim consented to physical contact like in a contact sport

A skilled criminal defense lawyer can argue these defenses and fight to get your third degree assault charges reduced or dismissed. Consult with an attorney as soon as possible after an arrest.

Penalties for Third Degree Assault in New York

Third degree assault is a class A misdemeanor. Potential penalties if convicted include[1]:

• Up to 1 year in jail
• Up to 3 years probation
• Fines up to $1,000
• Restitution to the victim
• Community service
• Anger management or violence prevention counseling
• Order of Protection for the victim

Jail time over 90 days can’t be imposed unless there are aggravating factors involved in the assault. Examples are causing serious physical injury or assaulting a victim 65 or older when you are more than 10 years younger[2].

A criminal record can also impact your job, education, housing and other life prospects if convicted. So don’t take these charges lightly.

Enhanced Penalties for Aggravated Circumstances

The penalties for third degree assault can be bumped up if certain aggravated factors are present[2]:

• Against elderly or disabled – More than 10 years younger if victim is 65+ or physically disabled
• Against a child – Victim is under 11 years old
• Domestic violence – Committed against a family or household member
• Hate crime – Committed targeting the victim’s race, religion, etc.
• Prior convictions – Within last 10 years
• While confined – On a prisoner, detainee, etc. when confined in a correctional facility

These factors can turn the misdemeanor assault into a felony with heftier penalties like state prison time. They can also prevent you from getting a plea bargain to reduce the charges.

Getting Charges Dismissed or Reduced

Don’t wait and hope for charges to go away or get reduced. An experienced criminal defense attorney can proactively try to get charges dropped or reduced by[4]:

• Negotiating with the prosecutor
• Identifying weaknesses in the prosecution’s case
• Advocating for mental health or addiction treatment instead of jail
• Presenting mitigating circumstances of the alleged assault
• Avoiding enhancements so it stays a misdemeanor

An attorney may be able to get the assault pleaded down to a non-criminal violation like harassment or disorderly conduct. This avoids jail time and a permanent criminal record. But you need an lawyer in your corner fighting for the best possible resolution.

Changes in New York’s Assault Laws

In recent years, New York has enacted changes to its assault laws to protect more victims from harm[6]:

• Increased penalties for assaulting taxi drivers and transit workers
• Added hate crime assault for targeting police officers, firefighters, EMTs, etc.
• Increased penalties for assaulting the elderly and disabled
• Added assault by strangulation charges

Many of these changes turned misdemeanor assaults into felonies with harsher penalties. They also limited judges’ discretion in sentencing those cases. The trend is toward stronger laws and penalties to deter assault.

Federal Charges for Assault

In some cases, an assault on federal property or against certain victims can lead to federal charges. These include:

• Assault within maritime or territorial jurisdiction of the U.S.
• Assault on federal officers and employees
• Assault on foreign officials, guests, and internationally protected persons

Federal assault charges are felonies with 5-20 years in federal prison. The circumstances allowing federal prosecution are limited, but the potential penalties are severe. Don’t take any assault arrest lightly.

Conclusions

Third degree assault covers a wide range of scenarios where someone intentionally, recklessly or negligently causes physical injury. It’s a misdemeanor but still carries up to 1 year in jail and a permanent criminal record.

Defendants should raise any viable defenses and retain an experienced criminal defense attorney to fight the charges. In many cases, the charges can be reduced or dismissed through effective negotiation by a lawyer. But outcomes are much worse for defendants who simply plead guilty without a fight.

New York’s assault laws offer many ways to enhance penalties, so defendants need to avoid those situations. Speak with a qualified attorney as soon as possible after any assault arrest.

References

[1] https://criminaldefense.1800nynylaw.com/new-york-penal-code-120-00-assault-in-the-third-degree.html

[2] https://www.nysenate.gov/legislation/laws/PEN/120.00

[3] https://www.new-york-lawyers.org/assault-in-the-third-degree-new-york-penal-law-section-120-00.html

[4] https://www.lawfletcher.com/Criminal-Defense/Assault/Assault-Third-Degree.aspx

[5] https://codes.findlaw.com/ny/penal-law/pen-sect-120-00/

[6] https://ypdcrime.com/penal.law/article120.php

https://www.law.cornell.edu/uscode/text/18/part-I/chapter-7