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Penalties

Assault in the Third Degree Penalties – New York

  • Up to 1 year of Jail
  • Intermittent imprisonment
  • Split sentence of both jail and 6 years probation or 1 year conditional discharge where the jail portion is up to 60 days or intermittent imprisonment of up to 4 months PL 60.01, 65.00
  • Probation for 6 years
  • Interim probation supervision
  • Conditional discharge for 1 year or unconditional discharge PL 60.01, 65.05, 65.20
  • If a sex offense and the victim was under 18 or there is a prior conviction for a sex offense, sex offender registration may apply and HIV testing may be required. If the victim was under 18 or there is a level 3 SORA designation, there may be restriction from school grounds and certain other areas PL 65.10
  • Fine of up to $1,000, $50 DNA database fee
    $175 surcharge ($180 in a town or village), and a crime victim assistance fee of $25 (unless restitution or reparation is being made)
  • If conviction was a hate crime, sentencing enhanced by one category higher.  PL 485.10(2)
  • Collateral consequences (Immigration, employment, civil, and others). 

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Criminal Laws NY