Third Degree Assault Lawyer Kings County, NY
If you are facing a charge of third degree assault in Kings County, New York, the outcome depends on having an experienced criminal defense attorney who understands both the New York Penal Law and the specific procedures of the Kings County courts. Third degree assault under N.Y. Penal Law § 120.00 is a Class A misdemeanor, carrying the potential for up to one year in jail and a lasting criminal record. Law Offices Of SRIS, P.C. represents individuals charged with assault in Brooklyn, from arraignment at the NYC Criminal Court through resolution, including eligibility for adjournment in contemplation of dismissal (ACD) and other favorable dispositions. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys bring practical experience to each assault matter. Because New York’s 2020 bail reform eliminated cash bail for most misdemeanors, many defendants are released on recognizance, but the prosecution still moves forward. Early intervention by an attorney can influence the direction of the case. To request a consultation, call (888) 437-7747.
What Third Degree Assault Means in Kings County (Brooklyn)
Under New York Penal Law § 120.00, a person commits third degree assault by intentionally causing physical injury to another person, recklessly causing physical injury, or causing physical injury through criminal negligence by means of a deadly weapon or dangerous instrument. Third degree assault is a Class A misdemeanor, which is the most serious level of misdemeanor in New York.
Third degree assault is a Class A misdemeanor, punishable by up to one year in jail.
Source: N.Y. Penal Law § 120.00(2) (sentencing classification). N.Y. Penal Law § 120.00
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
In Kings County, third degree assault cases are initially processed through the NYC Criminal Court — Brooklyn. This court handles misdemeanor charges, while felonies go to Kings County Supreme Court. A desk appearance ticket (DAT) is common for first-offense assault, meaning the person is not held overnight but is given a future court date. For cases that do not qualify for a DAT, the bail statute favors release on recognizance for most misdemeanor defendants under the 2020 bail reforms.
Under New York’s bail reform, cash bail is generally not required for misdemeanor charges in Kings County, and defendants are released on their own recognizance.
Source: CPL Article 510 (bail and recognizance) as amended. N.Y. Criminal Procedure Law Article 510
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
One of the most significant procedural options for a first-time assault charge in Kings County is an Adjournment in Contemplation of Dismissal (ACD) under CPL § 170.55. If granted, the case is adjourned for a period — typically six months — and if the defendant stays out of trouble during that period, the charge is dismissed and the record can be sealed. The Kings County District Attorney’s Office evaluates ACD eligibility based on the facts of the case and the defendant’s history. An experienced assault attorney can advocate for an ACD early in the process.
An Adjournment in Contemplation of Dismissal (ACD) in Kings County allows third degree assault charges to be dismissed and the record sealed after successful completion of a six-month adjournment period.
Source: CPL § 170.55. CPL § 170.55
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Third Degree Assault Cases
The approach taken by Law Offices Of SRIS, P.C. begins with a thorough review of the allegations, police reports, and any available video or witness statements. Our aim is to identify weaknesses in the prosecution’s case — whether that turns on the credibility of the complaining witness, the absence of physical injury, a lack of intent, or a valid claim of self-defense. Mr. Sris, drawing on his experience as a former prosecutor, and the firm’s Of Counsel attorneys work to negotiate with the assigned assistant district attorney for a reduction or dismissal at the earliest stage.
When a negotiated resolution is not available, the firm prepares for trial. In Kings County, trial preparation involves motion practice under CPL Article 170 to challenge the sufficiency of the accusatory instrument, suppress evidence obtained in violation of the Fourth Amendment, or exclude statements. The firm’s experience in NYC Criminal Court enables a practical assessment of how a particular judge or part is likely to handle a given motion. Throughout the process, the client is kept informed and involved in strategic decisions. The goal is to achieve the most favorable outcome — whether a dismissal, an ACD, a violation-level plea, or an acquittal after trial. Results may vary. in any specific case.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since 1997. He is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey. His prosecutorial background gives him insight into how the District Attorney’s office builds its cases and where the vulnerabilities lie. The firm’s Of Counsel attorneys bring additional criminal defense experience across New York, including matters in Kings County. Together, Mr. Sris and the firm’s Of Counsel attorneys have documented numerous case results across multiple practice areas. Results may vary.
The firm’s New York location is based in Buffalo, but the team regularly represents clients in Kings County courts. Reach our New York location at (888) 437-7747 to schedule a consultation about your assault charge.
Frequently Asked Questions
What is third degree assault in New York?
Third degree assault is a Class A misdemeanor defined under New York Penal Law § 120.00 as intentionally or recklessly causing physical injury to another person, or causing such injury through criminal negligence with a deadly weapon or dangerous instrument. The charge does not require serious or permanent injury, but the alleged victim must have sustained some physical impairment or substantial pain. Because it is a misdemeanor, the case begins in Criminal Court, and a conviction can result in up to a year in jail, probation, and a permanent criminal record. Immigration consequences may also arise for non-citizens. For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Is third degree assault a felony or a misdemeanor in Kings County?
Third degree assault is a Class A misdemeanor, not a felony. In Kings County, misdemeanor assault cases are prosecuted in the NYC Criminal Court — Brooklyn, located at 120 Schermerhorn Street. The maximum jail sentence is one year. However, if the assault involves aggravating factors — such as an assault on a police officer or causing serious physical injury — the charge may be elevated to a felony, which would be prosecuted in Kings County Supreme Court. The distinction affects both the penalty exposure and the long-term consequences of a conviction. Qualified counsel can analyze whether a charge is properly classified. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Can I get an ACD for a third degree assault charge in Brooklyn?
An Adjournment in Contemplation of Dismissal (ACD) is available for many first-offense third degree assault cases in Kings County. Under CPL § 170.55, the court may adjourn the case for a period of six months with the consent of the prosecutor. If the defendant stays out of legal trouble during that time, the case is dismissed and the record is sealed. Eligibility depends on the specific circumstances, including the nature of the allegations and any prior criminal history. An attorney can engage with the District Attorney’s office early to explore ACD eligibility and work toward the most favorable resolution. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens if I miss my court date for an assault charge in Kings County?
Missing a court date for a third degree assault charge in Kings County can result in a bench warrant and additional charges. The court may issue a warrant for your arrest, and your bail status may be affected. Even if you were released on a desk appearance ticket, failure to appear can lead to a new charge of bail jumping. It is critical to contact your attorney immediately if you realize you have missed a court date. In some cases, an attorney can appear on your behalf or move to vacate the warrant promptly. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How can a lawyer help with a third degree assault charge?
An experienced criminal defense lawyer can assess the strengths and weaknesses of the prosecution’s case, negotiate with the District Attorney, and present defenses such as self-defense, lack of intent, or factual insufficiency. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys review all evidence, challenge witness credibility, and file appropriate motions. They also advise on collateral consequences, including employment, immigration, and licensing issues. Early involvement often allows for the preservation of evidence and strategic planning before the first court appearance. To request a consultation, call (888) 437-7747.
Do I need a lawyer for a third degree assault charge in Kings County?
A third degree assault charge in Kings County carries the possibility of a jail sentence, a criminal record, and long-term consequences that affect employment, housing, and immigration status, making it advisable to consult with a criminal defense attorney. Even if you think the charge is minor, the legal process can be complex, and prosecutors do not have your interests in mind. An attorney can protect your rights, advise you on options such as ACD or plea negotiations, and work toward an outcome that minimizes the impact on your life. To discuss your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Related pages:
Criminal Defense Lawyer in Kings County (Brooklyn) |
Misdemeanor Defense Lawyer Kings County |
Assault Lawyer New York
Official sources:
N.Y. Penal Law § 120.00 |
Kings County Supreme Court |
CPL § 170.55 (ACD)
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.
Law Offices Of SRIS, P.C. — (888) 437-7747.