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Ithaca Criminal Lawyer explains:
Assault in the Third Degree in NY
Fighting is a common occurrence in college. It happens at parties, in bars, and outside (usually alcohol is involved). Like most NY crimes, there is a sliding scale based on if there is an injury to a person, if weapons were used, and number of people involved. I’ll go through the common charges associated with college fighting.
Assault in the 3rd degree (Penal Law, s. 120.00(1))
Under our law, a person is guilty of Assault in the Third Degree when, with intent to cause physical injury to another person, he or she causes such injury to that person [or to a third person]. PHYSICAL INJURY means impairment of physical condition or substantial pain.
Penalties: Class A misdemeanor
-up to 1 year in jail
-up to 3 years of Probation (closely monitored by the state)
-up to $1,000 fine
-permanent criminal record if plea or convicted!
*NOTE: If a weapon is involved, then the charges increase dramatically.
Fighting charges can be complicated because it is always a question as to “who started it?” There is also the question if somebody was acting in self-defense. If somebody gets hurt during the fight, then the seriousness of the case increases too.
My best advice? If you're a college student and a fight breaks out that you can safely avoid, it is in your interest to get out of there.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi
Twitter: @ithacadwi
P: 607-229-5184
E: mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi
Twitter: @ithacadwi
