Inflicting Physical Injury on Someone, Either through Intent or Recklessness
What Is Assault in the Third Degree?
Assault in the third degree is the lowest tier of assault charges. It occurs when someone inflicts physical injury – a bodily impairment or substantial pain – on another person. The injury can be intentionally inflicted, but it can also result from recklessness or criminal negligence.
When the Charge of Assault in the Third Degree Applies
Someone can be charged with third-degree assault when they intentionally inflict injury on another person. The injury needs to be somewhat substantial, but this charge is distinguished from higher tiers in part by the severity of the victim’s injuries: the law distinguishes between “physical injury” and “serious physical injury.”
In addition, a person can be charged with third-degree assault in New York State even if they don’t intend to injure the victim. If someone acts recklessly – that is, knows that an action might result in an injury to someone but does it anyway – they can be charged with assault. Similarly, the law specifically includes criminal negligence with a deadly weapon: where a person behaves without awareness to the risk of injuring someone with the weapon, when a reasonable person would have known the risk and acted differently.
NY PENAL § 120.00: Assault in the Third Degree
New York State’s penal code says:
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.
What Can Happen to Me If I Am Charged with Assault in the Third Degree?
Even though third-degree assault is the lowest tier of New York State’s assault charges, if you are charged with it, you need to take the charge seriously. It is a class A misdemeanor, so if you are convicted you could spend up to a year in jail or be sentenced to probation, a fine, anger management, or community service. In addition, the charge will remain on your criminal record, and it might affect your immigration status or employment opportunities.
What Should I Do Next?
If you are charged with assault in the third degree in Queens, Nassau, or Suffolk County, you need to consult an experienced criminal attorney immediately. Because this charge has several forms and precise legal definitions, you should not talk to police or prosecutors without a lawyer present. Your Long Island criminal defense lawyer will understand the intricacies of the law, as well as the ways to best defend you against the charge. Let him speak on your behalf and obtain the most favorable outcome for you.
