Third Degree Assault Lawyer Chemung County — What Are Your Defense Options?
Third Degree Assault in Chemung County is a Class A misdemeanor under New York Penal Law § 120.00, carrying up to one year in jail. Law Offices Of SRIS, P.C. provides defense for assault charges in Chemung County Criminal Court. With a firm-wide record of 4,739+ documented case results, our team understands the local procedures, including options like an Adjournment in Contemplation of Dismissal (ACD).
New York’s Third Degree Assault Statute
Third Degree Assault is defined under New York Penal Law § 120.00. A person is guilty of this charge when, with intent to cause physical injury to another person, they cause such injury; or they recklessly cause physical injury; or with criminal negligence, they cause physical injury by means of a deadly weapon or a dangerous instrument. This is the most common assault charge in New York and is classified as a Class A misdemeanor.
Last verified: April 2026 | Chemung County Criminal Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has built a multi-state practice focused on vigorous defense. Mr. Sris’s background provides a strategic advantage in evaluating the prosecution’s case from the outset.
Official Legal Resources
For the official statute, refer to New York Penal Law § 120.00 (official New York State Senate). For local court procedures, visit the Chemung County Courts website.
Handling a Third Degree Assault Case in Chemung County
In Chemung County, Third Degree Assault cases are heard in Chemung County Criminal Court. New York’s 2020 bail reform means most defendants facing this misdemeanor charge are released on their own recognizance with a desk appearance ticket. Prosecutors may offer an Adjournment in Contemplation of Dismissal (ACD) for first-time offenses, which results in a dismissal after a 6-12 month period with no new arrests. An experienced assault and battery defense lawyer Chemung County can negotiate this outcome or fight the charges at trial.
- Secure representation immediately after arrest or receiving a desk appearance ticket.
- Your attorney will obtain and review all police reports, witness statements, and any available video evidence.
- We will engage in pre-arraignment negotiations with the District Attorney’s office to seek a favorable disposition.
- If a plea agreement is not in your interest, we will prepare a full defense for a bench trial in Criminal Court.
- Following the case outcome, we will advise on record sealing eligibility under New York law.
Penalties for Third Degree Assault in Chemung County
In Chemung County, Third Degree Assault is a Class A misdemeanor punishable by up to one year in the Chemung County Jail, a fine of up to $1,000, and a potential probation term of up to three years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Third Degree Assault (PL § 120.00) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Probation, permanent criminal record, possible orders of protection. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. We focus on a detailed, evidence-based defense strategy. For assault charges, this means challenging the intent element, the credibility of witnesses, and the validity of the alleged injuries. Our goal is to work toward having your assault charge dismissed lawyer Chemung County clients trust us to pursue.
Our Approach to Assault Cases
Our firm-wide experience includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While results are specific to each case, this history demonstrates our commitment to assertive defense. In Chemung County, we use our understanding of local court tendencies and prosecutorial priorities to advocate effectively for our clients from the initial appearance through resolution.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chemung County Assault Defense Lawyers
Our New York location serves clients in Chemung County and the Southern Tier. We are accessible via I-86/Route 17 and I-390. Serving Elmira, Horseheads, Big Flats, Southport, and surrounding communities.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Third Degree Assault Defense FAQs
Is Third Degree Assault a felony in New York?
No. Third Degree Assault is a Class A misdemeanor under New York Penal Law § 120.00. It is the lowest level of assault charge but still carries a potential jail sentence of up to one year.
Can a Third Degree Assault charge be dismissed in Chemung County?
Yes, it is possible. Common paths to dismissal include an Adjournment in Contemplation of Dismissal (ACD) for eligible first offenses, pre-trial motion to dismiss for insufficient evidence, or a favorable verdict at trial. An attorney can evaluate the specific facts for the best strategy.
What is the difference between assault and battery in New York?
New York law does not have a separate crime called “battery.” All physical attack offenses are categorized under “Assault” in the Penal Law. An assault and battery defense lawyer Chemung County handles cases under the assault statutes, which cover both attempted and completed physical injury.
What are the defenses to a Third Degree Assault charge?
Defenses include self-defense, defense of others, lack of intent, mistaken identity, or that the alleged injury did not meet the legal threshold for “physical injury.” The viability of a defense depends entirely on the evidence in your case.
Will I go to jail for a first-time Third Degree Assault charge?
It depends. While jail is possible, many first-time offenders are offered alternatives like an ACD, conditional discharge, or probation. The specific facts, your history, and the strength of the defense presented greatly influence the outcome.
How long does a Third Degree Assault case take?
In Chemung County Criminal Court, a misdemeanor case typically takes 30 to 90 days from arraignment to resolution if a plea is reached. If the case goes to trial, it can take several months. The court must also comply with speedy trial rules.
Related Legal Services
If you are facing other charges, we also provide representation for criminal defense in Chemung County, family law matters, and immigration cases. For a broader view of our criminal practice, visit our New York criminal defense hub page. We also assist clients in nearby jurisdictions like Manhattan.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your Third Degree Assault charge in Chemung County.