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Third-degree assault is classified as a Class A misdemeanor. To be charged with this offense, you must have intended to cause physical injury to another person and must have actually caused injury to that person or to someone else.
A person is guilty of assault in the third degree when:
– There is intent to cause physical injury to another person, he/she causes such injury to such person or to a third person; or
– He/she recklessly causes physical injury to another person or;
– With criminal negligence, he/she causes physical injury to another person by means of a deadly weapon or a dangerous instrument
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 example, assaulting a police officer may be charged as assault in the second degree which is a class D violent felony, even if 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 biased 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.
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Three Ways Assault in the Third Degree Can Be Committed in New York |
Definition |
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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. |
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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. |
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With Criminal Negligence |
A person negligently causes injury using a deadly weapon or dangerous instrument. This involvees the use of deadly weapons such as, but not limited to, firearms, switchblades, meat knuckles, daggers, and billy clubs. |
Elements of Assault in the Third Degree
A person can be charged with Assault in the Third Degree if:
– Under this definition, “Physical injury” does not require the level of harm caused to be severe but rather an “impairment of physical condition or substantial pain”.
– Under this definition, “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.
– Under this definition, “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.
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 harm and injury to another person.
Assault in the third degree is a Class A misdemeanor in New York.
Defenses of Assault in the Third Degree
A possible defense against Assault in the Third Degree is to challenge the level of physical injury inflicted. In New York, the key element in this offense is the injury must meet a certain threshold of injury to warrant a charge under NYPL §120.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.