Legal Question in Criminal Law in New York

First Offense Assault Penalty

What is the penalty for (misdemeanor)assault as a first offense for an 18 year old. Involved fight with 17 year old resulting in physical injury. One or no witnesses to validate incident.


Asked on 10/23/06, 4:41 pm

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: First Offense Assault Penalty

Misdemeanor assault (Assault Third Degree) is an A misdemeanor. The sentences can range from one year in jail to three years of probation, or a split sentence, jail and probation.

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Answered on 10/23/06, 4:50 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: First Offense Assault Penalty

There is no one set offense, or one set punishment. There are a few variables that may affect how your case ends up, these being what level of injury, how strongly does the complaining witness want to cooperate, witnesses, as well as the previous record of the defendant, and the attorney you have representing you and the deal they are able to work out, or the strategy they take.

It might be possible ot get a case like this dismissed if the victim does not cooperate or does not show up in court when required, or it may be possible to dispose of the case with a violation instead of a misdemeanor which would then not show up on your record at all...

feel free to contact my office regarding this matter, i'd be more than happy to help you with this situation. 2127098303

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Answered on 10/25/06, 8:27 am


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