PL 120.00 · Article 120
Assault in the Third Degree
This statute provides three alternative routes: intentional injury, reckless injury, or injury caused with criminal negligence using a deadly weapon or dangerous instrument. Each route requires physical injury, and the prosecutor must prove the applicable route beyond a reasonable doubt.
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Text us immediately · (845) 290-2492Definition under New York law
PL 120.00 · Original statutory wording; excerpts must be read together with the full section.
§ 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. 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.Read the full section at the New York State SenateIn everyday language
This statute provides three alternative routes: intentional injury, reckless injury, or injury caused with criminal negligence using a deadly weapon or dangerous instrument. Each route requires physical injury, and the prosecutor must prove the applicable route beyond a reasonable doubt.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The following are alternatives, not cumulative requirements; the prosecutor must prove every requirement of the applicable alternative beyond a reasonable doubt.
- Alternative 1: The person accused intended to cause physical injury to another person and caused physical injury to that person or a third person.
- Alternative 2: The person accused recklessly caused physical injury to another person.
- Alternative 3: The person accused, with criminal negligence, caused physical injury to another person by means of a deadly weapon or dangerous instrument.
Defenses that commonly apply
- Does the evidence establish physical injury caused by the person accused?
- What evidence supports or contradicts intent, recklessness, or criminal negligence under the charged alternative?
- If the criminal-negligence alternative is alleged, was the injury caused by a deadly weapon or dangerous instrument?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Domestic cases often pair this charge with harassment or a criminal contempt charge if an order of protection issues. What you say at the scene and in jail can matter more than the injury itself.
Common questions about your defense
Does a lack of intent to injure defeat third-degree assault?
Lack of intent could challenge the intentional-injury alternative. It does not by itself resolve the separate alternatives of reckless injury or criminally negligent injury using a deadly weapon or dangerous instrument. The prosecutor must prove physical injury and every other requirement of the applicable alternative beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 145.12 · Class B Felony
PL 120.05 · Class D Felony
PL 240.26 · Violation
PL 120.15 · Class B Misdemeanor
PL 120.10 · Class B Felony
PL 120.14 · Class A Misdemeanor
PL 120.13 · Class E Felony
PL 120.20 · Class A Misdemeanor
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