NYC Assault 3rd Degree Defense | NY Penal Law 120.00 Misdemeanor Attorneys

NYC Assault 3rd Degree Defense | NY Penal Law 120.00 Misdemeanor Attorneys

So your probably sitting in central booking right now after a bar fight, domestic dispute, or accident that went wrong. Maybe you threw one punch in self-defense. Maybe you accidentally hurt someone being careless. Or maybe your ex is making false accusations to get an order of protection. Look, we get it. Your TERRIFIED because assault sounds serious even if its “just” third degree! And you should be worried! Because NY Penal Law §120.00 can still mean a year in jail and a violent crime on your record forever!

What Exactly Is Assault in the Third Degree?

Third degree assault happens three ways, and there all designed to catch regular people in stupid situations. First, intentionally causing physical injury to someone. Second, recklessly causing physical injury. Third, using a weapon or dangerous instrument with criminal negligence that hurts someone.

But here’s the trap – “physical injury” doesn’t mean serious injury! It just means “substantial pain” or “impairment of physical condition.” A bloody nose? Physical injury. A bruise? Physical injury. Someone claims there shoulder hurts? Physical injury. The bar is SO LOW that almost any contact counts!

The difference between this and second degree assault (felony) is the injury level. Second degree requires “serious physical injury” – broken bones, permanent scarring, risk of death. Third degree just needs regular injury – basicaly any pain that lasts more than a few minutes!

This is the most common assault charge because it covers EVERYTHING. Bar fights, domestic disputes, road rage, sports fights, school fights, neighborly arguments that escalate. If someone gets hurt and claims you did it on purpose (or were reckless), your facing assault third!

Can You Go to Jail for Assault 3rd Degree?

YES, absolutely! Class A misdemeanor means up to 364 days (just under a year) in jail. Not probation, not anger management – actual jail time in Rikers Island or county jail where your housed with real criminals!

First offense with no record? Judges usually give probation or short jail time. But “usually” doesn’t mean always! We’ve seen first-timers get 30 days for bar fights. 60 days for domestic incidents. 6 months if the victim has injuries and plays victim well in court!

Plus 3 years probation where any violation sends you to jail for the full year. Plus orders of protection that last years. Plus anger management classes that cost thousands. Plus fines up to $1000. Plus a VIOLENT CRIME on your record forever that destroys employment opportunities!

The worst part? If its domestic violence related, your facing mandatory arrest policies. They HAVE to arrest someone, usually whoever seems less injured. Doesn’t matter if you were defending yourself. Doesn’t matter if your the actual victim. Someone’s getting arrested and prosecuted!

What’s the Difference Between Intentional and Reckless?

Intentional means you meant to hurt them. You threw a punch wanting to cause pain. Reckless means you didn’t necessarily want to hurt them but did something stupid that caused injury. Both are the SAME charge with SAME penalties!

Example of intentional: You get mad and punch someone in a bar fight. You meant to hit them and cause pain. Classic intentional assault third degree.

Example of reckless: Your drunk at a party and throw a bottle out the window. It hits someone below. You didn’t mean to hurt anyone but were reckless. Still assault third degree!

Example of criminal negligence with weapon: Your carelessly swinging a baseball bat around and hit someone. The bat is a “dangerous instrument” and you were criminally negligent. Assault third degree!

Prosecutors love charging both theories – intentional AND reckless. That way if the jury doesn’t believe you meant it, they can still convict on recklessness. Its a conviction machine designed to ensure guilty verdicts!

What Counts as “Physical Injury”?

This is where innocent people get screwed because “physical injury” is defined so broadly. According to NY law, its “impairment of physical condition or substantial pain.”

What counts as substantial pain? Basicaly anything more than minor discomfort! A headache from being pushed. Soreness from being grabbed. A scraped knee from falling. Red marks that fade in an hour. The victim saying “it hurt” is often enough!

We’ve seen assault charges for: Pushing someone who fell and scraped there elbow. Grabbing someone’s arm leaving red marks. Throwing water that got in someone’s eyes. Loud music giving someone a “headache.” The definitions are insanely broad!

The prosecution doesn’t need medical records. Don’t need photos of injuries. Don’t need hospital visits. The victim testifying “it hurt” is legally sufficient for conviction. Your word against theres, and juries tend to believe “victims.”

What Are the Defenses to Assault 3rd Degree?

Self-defense is the most common but hardest to prove. You need to show you reasonably believed you were in imminent danger and used only necessary force. But prosecutors twist everything – “you could have walked away,” “you used too much force,” “you provoked it.”

Lack of intent works sometimes. If it was truly an accident without recklessness, that’s a defense. But prosecutors argue you “should have known” your actions could hurt someone. Throwing anything, pushing anyone, any physical contact becomes “reckless.”

• No physical injury – victim didn’t actually experience substantial pain
• False accusations – motive to lie (custody, order of protection, revenge)
• Mistaken identity – someone else threw the punch
• Defense of others – protecting someone else from harm
• Justification – lawful use of force (citizen’s arrest, property defense)

Mutual combat used to be a defense – if both parties agreed to fight. But courts rarely accept this anymore. Even if someone says “let’s take this outside,” your still guilty if they get hurt. The system doesn’t recognize consensual fights.

How Do Domestic Violence Cases Work?

Domestic assault third degree is a special nightmare. Mandatory arrest policies mean someone’s going to jail. Usually whoever called 911 second or looks less injured.

The “victim” doesn’t control prosecution. Even if they don’t want to press charges, the DA continues. Even if they admit lying, prosecution continues. The state becomes the complainant. We’ve seen cases where both parties beg prosecutors to drop it – they refuse.

Orders of protection are automatic. Full stay-away order means you can’t go home. Can’t see your kids. Can’t get your belongings. Might have to find new housing immediately while your still traumatized from arrest. The order lasts the entire case – could be months or years!

Family court runs parallel to criminal court. Different judges, different standards, different outcomes. You might beat the criminal case but still lose custody. Or get convicted criminally but win in family court. The systems don’t communicate and don’t care about consistency.

What About Bar Fights and Mutual Combat?

Bar fights are prosecutor’s favorites because there usually drunk witnesses and security footage. Everyone’s intoxicated so memories are fuzzy. The video never shows the whole story. But someone got hurt so someone’s getting convicted!

Bouncers always testify for prosecution. There job depends on good relationship with police. They’ll say you were the aggressor even if you were defending yourself. There testimony carries extra weight with juries who think bouncers are “neutral.”

“He hit me first” doesn’t matter if you hit him back harder. “Excessive force” in self-defense becomes assault. One punch in response to a push? Assault. Kept hitting after the threat ended? Definitely assault. The rules make self-defense nearly impossible.

Alcohol is not a defense but makes everything worse. Being drunk shows “recklessness.” It “impairs judgment.” It makes you “violent.” Prosecutors use intoxication against you while ignoring that the “victim” was also drunk!

Will This Show Up on Background Checks Forever?

YES! Assault third degree shows up as a VIOLENT CRIME on every background check. Employers see “assault” and immediately reject you. Doesn’t matter if it was mutual combat or self-defense – your branded violent forever!

Professional licenses are at risk. Healthcare, education, finance, real estate – any field requiring trust or working with vulnerable populations. Licensing boards see assault conviction and deny or revoke licenses. Years of education and career building destroyed!

Immigration consequences are severe. Assault is a “crime involving moral turpitude” that triggers deportation proceedings. Green card holders, visa holders, DACA recipients – all face removal for misdemeanor assault. Families destroyed over bar fights!

Gun rights gone in many cases. Domestic violence assault = federal lifetime gun ban. Other assaults might trigger state restrictions. Hunters, security guards, anyone needing firearms for work or sport – career destroyed over misdemeanor!

What Happens at Arraignment?

Assault arraignments are intense. Prosecutors act like your a dangerous violent criminal. They ask for bail, orders of protection, surrender of weapons. The judge treats you like your gonna hurt someone else immediately.

Bail for assault third varies wildly. First offense might be ROR (released). Domestic violence? $1,000-$5,000 cash bail. Prior record? Higher. Can’t make bail? Your sitting in Rikers with actual dangerous criminals over a push or slap!

Orders of protection are automatic in DV cases, common in others. Full stay-away means no contact whatsoever. Limited allows contact but no “offensive behavior.” Violate even accidentally? New arrest for criminal contempt, more serious than original assault!

They offer “deals” immediately – plea to disorderly conduct, take anger management, get probation. DON’T TAKE IT without lawyer advice! That “good deal” still means criminal record, probation, classes, and employment problems!

Why Spodek Law Group for Assault 3rd Degree?

Most lawyers treat misdemeanor assault like nothing – quick plea, move on. But we know assault conviction destroys careers, immigration status, and gun rights just like felonies. We fight every case like your future depends on it!

We investigate everything – who really started it, what really happened, witness bias, video angles. Bars delete footage after 30 days. Witnesses disappear. Those injuries heal. We preserve evidence immediately that proves your innocence!

We’re not afraid of trial on misdemeanors. Most lawyers push pleas to avoid “wasting time” on misdemeanor trials. We’ll fight because assault conviction follows you forever. Sometimes prosecutors dismiss rather than risk losing “easy” cases!

Most importantly, we understand that good people end up in bad situations. Maybe you were defending yourself. Maybe alcohol made you stupid. Maybe someone’s lying for leverage. We humanize you to judges and juries who want to see criminals!

Call us RIGHT NOW at 212-300-5196
Don’t let one punch ruin your entire life!

Every hour matters in assault cases! That bar’s surveillance video? Deleted after 30 days. Those witnesses? Moving, forgetting, or being influenced by prosecutors. Your defensive injuries? Healing without documentation. Evidence disappears while prosecutors build there case!

Don’t plead guilty to “just get it over with”! That guilty plea means violent criminal forever! Don’t think explaining your side will help – it won’t without a lawyer! Don’t wait hoping it goes away – it gets worse! Fight back with attorneys who know everyone deserves defense, especially in self-defense situations!

Disclaimer: Prior results don’t guarantee future outcomes. Each case depends on specific facts. Violence is never the answer, but sometimes self-defense is necessary and legal.