NYC Desk Appearance Ticket Attorneys

Assault in the Third Degree (PL 120.00)

Click here to learn more about Desk Appearance Tickets, generally.

 

Assault in the Third Degree (PL 120.00, a Class A misdemeanor) is generally one of the most serious charges to appear on Desk Appearance Tickets. A person is guilty of this crime if he or she intentionally or recklessly causes physical injury to another person. Physical injury is defined as impairment of a bodily function or substantial pain.

 

The maximum legal penalty for a conviction of this charge is one year in prison. One can also be sentenced to three years of probation. There are also a whole host of other potential consequences to these arrests and convictions - see at the bottom of the page for a more exhaustive list, and call us if any of those items may apply to you.  Notably, if you are a non-citizen, a conviction for this crime can be classified as a “crime of violence” that might have serious negative consequences for you, including potential future inadmissibility or even present deportability. Some seemingly excellent dispositions may also jeopardize your ability to get or renew a visa.  Click here to learn more.  

 

Assault charges contained in Desk Appearance Tickets usually happen at bars or nightclubs or sidewalks late at night in situations in which alcohol is involved. We find that police almost always arrive after the fight is over, meaning that they have to decide whom to arrest without the benefit of having seen the fight. Frequently, police conclude that the less-injured person was the initial aggressor, though that is oftentimes not the case. As such, a lot of people get arrested for simply defending themselves, while the true troublemaker walks free and proclaims himself the “victim” in the case. 

 

Assault in the Third Degree charges in Desk Appearance Ticket can sometimes be elevated to felony assault charges prior to arraignment. Assault in the Second Degree (PL 120.05) can be applied by prosecutors where the victims’ injuries are serious or where weapons of some sort were allegedly used. This felony charge is very serious as convictions for it typically result in jail time. 

 

Note: Cases involving domestic violence are not eligible for Desk Appearance Tickets, so if the allegation is that a person assaulted a family member or former romantic partner, that person will not receive a Desk Appearance Ticket but will be put through Central Booking and forced to spend an evening overnight in custody awaiting an immediate arraignment before a judge. 

 

Strategies for Success

Thorough investigation of these cases is key. Surveillance video footage and injury photographs must be obtained whenever possible, copies of 911 recordings should be demanded, medical records (of both the complainant and the defendant) must be reviewed, and eyewitnesses should be interviewed.  Our team of lawyers has supervised the investigation of countless assault cases (as both prosecutors and defense attorneys), and we collaborate with former NYPD investigators to ensure that we know all of the facts that can be used to your advantage, and more importantly, that we can prove them to a jury.  As a result, it should be no surprise that we have been successful in getting dozens of assault cases dismissed in their entirety. We have also succeeded on many occasions in persuading prosecutors and judges to offer plea bargains and dispositions for our clients that did not involve criminal convictions, jail time, or immigration consequences (like deportation). 

 

The potential penalties from this Desk Appearance Ticket:

Up to 1 year in jail.

Up to 3 years of probation.

Community service.

Rehabilitation programs.

Immigration consequences including deportation.

Employment problems.

Orders of protection.

Civil lawsuits for damages may also ensue.