New York Crimes: Assault in the Third Degree
Pursuant to New York Penal Law § 120.00, "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".
'
The culpable mental state of “intentionally” is defined in Penal Law §15.05(1) as:
“A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.”
The culpable mental state of “reckless” is defined in Penal Law §15.05(3) as:
“A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a
gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.”
The culpable mental state of “criminal negligence” is defined in Penal Law §15.05(4) as:
“A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”
The term “person” is defined in Penal Law §10.00(7) as “… a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
The phrase “Physical Injury” is defined in Penal Law §10.00(9) as “… impairment of physical condition or substantial pain”.
The phrase “deadly weapon” is defined in Penal Law §10.00(12) as “…any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles”.
The phrase “switchblade Knife” is defined in Penal Law §265.00 (4) as “…any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife".
The phrase “gravity knife” is defined in Penal Law §265.00(5) as “… thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device”.
The phrase “pilum ballistic knife” is defined in Penal Law § 265.00(5-a) as “any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife”.
The phrase “metal knuckle knife” is defined in Penal Law S265.00 (5-b) as “… a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife”.
The phrase “dangerous instrument” is defined in Penal Law §10.00(13) as “any instrument, article or substance, including a "vehicle" as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury”.
The word “vehicle” is defined in Penal Law §10.00(14) as a "... motor vehicle", "trailer" or "semi-trailer," as defined in the vehicle and traffic law, any snowmobile as defined in the parks and recreation law, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
Assault in the third degree is a class A misdemeanor in New York.
Please feel free to contact me if you have been charged with assault in the third degree. The initial consultation is free. If the case is not dismissed, I will negotiate a plea agreement acceptable to you or take the case to trial. You can call me toll free at 1-877-858-2889.
