Assault In The Third Degree Arrest Needs Professional Defense Lawyers
If you tell a Rochester criminal lawyer that you have been charged with an assault, they will want to know what “degree” of assault you are talking about.
There are several different criminal offenses classified as “assaults” in New York.
Assault in the Third Degree (NY Penal Code Article 120.00), is one of the least serious charges classified as an assault.
There are three different ways a person can be accused of committing the offense of Assault in the Third Degree:
- when acting with the intent to cause physical injury, causing such an injury to the intended person or a third party;
- causing physical injury to someone through reckless behavior; or
- when acting with criminal negligence, causing a physical injury through the use of deadly weapon or dangerous instrument.
All three of these categories of Assault in the Third Degree require that the victim have suffered a “physical injury,” which is defined as an impairment of physical condition or substantial pain.
While people may have different ideas about what this means, it is a very low level of injury and relatively easy to prove.
More serious assault charges usually require proof of a “serious physical injury,” which involves issues such as risk of death or prolonged physical complications.
If you have been charged with third degree assault and want to know what penalties you’re facing, we can help you. Please call us at 585-484-7432 and speak to an attorney from free.