Misdemeanor Assault

One of the most commonly charged criminal offenses in New York City is misdemeanor assault (also known as "assault 3" or "assault third degree"). Allegations of assault can arise from a number of ways, including through the use of verbal threats or touching another person against their will.

Under the laws of New York, the definition of assault means that a person is accused of hitting, slapping, biting, pinching, kicking, poking, pushing or verbally threatening another person. Other states generally call these types of crimes "battery" or "assault and battery." If an assault weapon is used or serious injury results from the contact, aggravated assault can be charged.

Misdemeanor assault charges in Queens, NY can result in serious penalties and repercussions if a conviction occurs. Assault third degree is a class A misdemeanor which includes a statutory maximum penalty of:

  • Jail or incarceration time up to 364 days;
  • Fines of up to $1,000;
  • A criminal record; and
  • An inability to pursue certain jobs, professions or educational opportunities.

If you have been charged with misdemeanor assault or assault third degree in New York City, including Queens, Brooklyn, the Bronx, or Manhattan, then contact an experienced criminal defense attorney at the Law Office of Rochelle Berliner.

The prosecutor with the District Attorney's Office is required to prove you committed every element to the offense beyond a reasonable doubt, which is a very difficult burden to meet in many of these cases. Also, having an aggressive defense may also help you avoid a trial entirely. Therefore, it is essential to contact an experienced criminal defense attorney in Queens, NY, to help you identity the best legal strategy for your particular situation.

Queens Misdemeanor Assault Attorney

Contact the Law Office if you have been charged with a misdemeanor assault offense in all areas of New York City, including Queens, Brooklyn, Manhattan and the Bronx. Rochelle S. Berliner is experienced in defending New York assault charges and crimes, and will fight the allegations against you aggressively. Call the Law Office at for a consultation about your misdemeanor assault allegations.

New York Legal Definition of Injury

Misdemeanor assault (sometime called "assault third degree" or "assault 3" in New York) generally requires an element of bodily injury or serious physical injury before the alleged offender can be charged with assault. As defined in the New York Penal Laws, these terms are defined as follows:

  • Physical Bodily Injury, New York Penal Law § 10.00(9) – Physical bodily injury involves the impairment of a physical condition or injury that causes substantial pain.
  • Serious Physical Injury, New York Penal Law § 10.00(10) – Serious bodily injury is defined as physical injury that creates a substantial risk of death, or physical injury that causes death, serious and prolonged disfigurement, prolonged impairment of health, prolonged loss, or impairment of the function of any body part or organ.

Misdemeanor Assault Third Degree in Queens, New York

According to section 120.00 of the New York Penal Law, an individual can be charged with assault in the third degree if they:

  • Intentionally cause physical injury to another person;
  • Recklessly cause physical injury to another person; or
  • Act with criminal negligence and cause physical injury to another person with the use of a deadly weapon or a dangerous instrument.

This offense is punishable as a class A misdemeanor.

Queens Misdemeanor Assault Mental States

In order to be charged with a misdemeanor assault offense in Queens, the alleged offender must have a certain mental state or culpability to commit the assault. This means if the alleged offender accidentally caused injury to another person, they will not likely be charged with a criminal offense.

An accusation for assault 3 in New York must allege the individual acted with a culpable state of mind to cause an injury. Mental states are generally unique to each person, or subjective, so this may be a more difficult element for the prosecution to prove when presenting their case at trial.

According section 15.05 of the New York Penal Laws, the most common mental states for misdemeanor assault charges are defined as follows:

  • Intentionally – An individual acts intentionally if they have the conscious objective to cause the result of their assaultive conduct or to engage in such assaultive conduct.
  • Knowingly – An individual acts knowingly or with knowledge if they are aware the conduct is of an assaultive nature or that the assaultive circumstance exists.
  • Recklessly – An individual acts recklessly if they are aware of and consciously disregard a substantial and unjustifiable risk that the result of the conduct will occur or they consciously disregard that that the circumstance exists. The conduct must be an extreme deviation from the standard of conduct a reasonable person in the same situation would exhibit.
  • Criminal Negligence – An individual acts with criminal negligence if they fail to perceive a substantial and unjustifiable risk that the result of the assaultive conduct will occur or that the possibility even exists. The risk must be of such nature that failing to perceive the risk constitutes a gross deviation from a reasonable person’s standard of care in the same situation.

Queens Misdemeanor Assault Penalties, Punishments and Consequences

Articles 70 and 80 of the New York Penal Law define the maximum penalties an individual could face if they are convicted of a misdemeanor assault charge in the State of New York. An alleged assault offender’s punishments can increase depending on any of the following:

  • Whether the offense is considered violent or non-violent;
  • Whether the alleged offender used a weapon or dangerous instrument during the commission of the offense of assault;
  • The state of mind the alleged offender had during the commission of the offense of assault;
  • Whether the alleged offender was a juvenile offender;
  • Whether the alleged offender was a youthful offender;
  • Whether the alleged offender was a persistent or violent offender; and/or
  • Whether the alleged offender has any previous criminal convictions.

An individual convicted of a class A misdemeanor assault offense can face a jail sentence of up to one year and/or a fine not more than $1,000.

Desk Appearance Ticket in Queens New York for Assault

A Desk Appearance Ticket in New York City in Brooklyn, Queens, the Bronx or Manhattan can be issued for most misdemeanors including Assault in the Third Degree, a class A misdmeanor. An assault appearance tickets alleges a crime was committed under NY PL 120.00. Appearance tickets can also be issued for related misdemeanors such as criminal mischief under NY PL 145.00, and aggravated harassment under NY PL 240.30.

Law Office | Queens Misdemeanor Assault Defense Lawyer

If you have are facing assault charges in New York City, including Queens, Brooklyn, the Bronx and Manhattan, make sure that you have skilled legal counsel. Rochelle S. Berliner is a knowledgeable Queens criminal defense attorney who is dedicating to making every effort to help you avoid the most serious penalties and repercussions to your alleged offense.

Contact the Law Office to receive a free, confidential consultation about your alleged misdemeanor assault offense. Call or submit an online form today.