Legal Question in Criminal Law in New York

Re: assault in the 3rd degree

Assault in the Third Degree is a Class A misdemeanor punishable by up to 1 year in jail, or three years probation, or jail and probation (a split sentence). The DA's recommended sentence will vary depending on the case, e.g. injuries to complainant, criminal record, if any, of the defendant. You are welcome to call for a free consult.

Re: assault in the 3rd degree

More facts are necessary to actually evaluate the seriousness of the case. It is a class a misdemeanor with a 1 year maximum jail sentence.For more info feel free to call my office @ 7188340087 for a free phone consultation

Re: assault in the 3rd degree

Assault in the 3rd Degree is the misdemeanor that is charged when someone causes injury to another person, but the injury is NOT considered to be �serious�. There is no clear definition of �serious� in the Penal Law so the courts look to rulings in previous cases for their guidance. In New York City it is hard to get �serious injury� charged. There seems to be a train of thought that says New Yorkers should expect to get slapped around a little. Anyway, politics and other factors aside, you got to be really, really badly hurt � maybe even have surgery before they�ll consider that level. There is no hard and fast rule, but that is the trend in the City (can�t speak for other cities in NY). The misdemeanor of Assault 3 is what is usually charged instead.

Even with Assault 3, one usually needs more than just broken skin, blood and stitches. New York City residents have to show a real injury that affects them in some way. An injury that would be attempted murder in Vermont can be a misdemeanor here. I�m just saying�

A misdemeanor is defined as an offense for which the court can sentence you to no more than 1 year. That is the maximum exposure on a plea to or verdict of guilty to a misdemeanor. It is highly unlikely that a 1st time offender will go to jail for a year. Whether you go to jail at all depends on the circumstances surrounding the incident. Many 1st time offenders will get community service, counseling, time served, or something else that is relatively short-lived. But it all depends and of course without meeting with you and carefully reviewing the facts with you, everything I�m saying here is just a bunch of... guessing that is based upon prior experience.

Let me know if you�d like to set up a consultation.

Good luck.

Tanya Robinson, Esq.

Ms. Robinson is a frequent commentator on Court TV and will next be seen on this Thursday, October 19, 2006 on Court TV�s �Best Defense� from 11-1. Check your local listings for accurate times and channels.