PL § 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor.
Overview: In New York, misdemeanor assault in the third degree is often charged following a fight with a stranger, acquaintance, or in a domestic violence situation. Many misdemeanor assault cases result in being charged with subsection (1) and (2) above along with attempted assault, PL 110/120.00 and harassment, PL 240.26. The minimum physical injury is substantial pain but there is no maximum injury required. So, a simple slap in the face could result in an assault charge but so could a push that tragically results in the victim’s death.
