New York assault lawyer Russ Kofman (https://www.lebedinkofman.com/new-york-city-third-degree-assault-lawyer/) of Lebedin Kofman LLP has released a comprehensive article discussing assault In the third degree – NYPL § 120. This article aims to educate the public about the legal intricacies and potential consequences of being charged with Assault in the Third Degree in New York.
New York assault lawyer Russ Kofman explains that Assault in the Third Degree, as defined under New York Penal Law, is a serious offense that can significantly impact an individual’s life. He states, “This charge can arise from intentionally or recklessly causing physical injury to another person, or acting with criminal negligence.” The article describes the elements that constitute this offense and the critical role a New York assault lawyer can play in navigating the legal landscape.
According to New York assault lawyer Russ Kofman, the charge of Assault in the Third Degree can be brought against someone who intentionally causes physical harm, recklessly causes injury, injures a third party while intending to harm another, or causes injury through criminal negligence using a deadly weapon or instrument. “Understanding the definitions and thresholds of terms like ‘physical injury,’ ‘criminal negligence,’ and ‘recklessness’ is crucial,” Kofman explains. “For instance, ‘physical injury’ does not require severe harm but rather an impairment of physical condition or substantial pain.”
The article outlines that Assault in the Third Degree is classified as a Class A misdemeanor in New York, which carries significant penalties, including a potential jail sentence of up to one year, probation for up to three years, fines, and possible compensation to the victim for medical expenses and other losses.
Kofman also discusses various defenses available to those charged with Assault in the Third Degree. One key defense is challenging the level of physical injury inflicted. He notes, “If the defendant can demonstrate that the injury does not meet the legal threshold, it may serve as a defense.” Another defense is asserting self-defense, where the defendant must show they reasonably believed they or someone else was in immediate danger and that the force used was necessary and proportionate to the perceived threat.
Moreover, the article addresses the implications of Orders of Protection, which are almost always requested by the District Attorney in assault cases. These orders require the accused to stay away from the complaining witness and can remain in effect for up to five years after conviction, depending on the specifics of the case.
Russ Kofman emphasizes the seriousness of a third-degree assault charge despite it being the lowest level of assault offenses in New York. “Even as a misdemeanor, a conviction can lead to jail time, fines, and long-lasting impacts on one’s personal and professional life. It will also be a part of the individual’s criminal record, which can influence future opportunities,” he warns.
For those facing charges of Assault in the Third Degree, securing legal representation is crucial. “At Lebedin Kofman LLP, we understand the complex aspects of New York’s legal system and are dedicated to providing robust defense strategies tailored to each client’s unique circumstances,” says Kofman. The firm can work diligently to examine every aspect of the case to help ensure fair treatment under the law and pursue the best possible outcome for their clients.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a distinguished law firm based in New York, dedicated to providing strong legal advocacy in criminal defense, family law, and civil rights matters. The firm’s experienced attorneys are committed to protecting their clients’ rights and guiding them through the complex matters of the legal system with diligence and compassion.
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