Third Degree Assault Lawyer Schenectady NY | SRIS, P.C.
Third Degree Assault Lawyer in Schenectady County, NY — What Are Your Defense Options?
Third Degree Assault in Schenectady 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 focused defense for these charges. Our Third Degree Assault Lawyer Schenectady NY team understands local court procedures. We offer 24/7 phone consultations at (888) 437-7747.
What Is Third Degree Assault in New York?
Third Degree Assault is defined in 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. It can also apply when a person recklessly causes physical injury, or with criminal negligence, causes physical injury by means of a deadly weapon or dangerous instrument. This is the most commonly charged assault offense in New York.
Last verified: April 2026 | Schenectady County Criminal Court | New York State Legislature
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 Schenectady County Supreme Court website.
Local Court Process for Assault Charges in Schenectady
In Schenectady County, Third Degree Assault cases are handled in the local Criminal Court for misdemeanors. New York’s 2020 bail reform means most defendants facing this charge are released on their own recognizance or with non-monetary conditions. An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for first-time offenses, where charges are dismissed after a period of good behavior.
- Arraignment: You will be formally charged and enter a plea (not guilty is standard at this stage).
- Discovery & Pre-Trial Motions: Your attorney will obtain evidence from the prosecution and may file motions to suppress evidence or dismiss the case.
- Negotiations: Your lawyer will negotiate with the District Attorney’s office for a potential reduction or favorable disposition like an ACD.
- Trial or Resolution: If no agreement is reached, your case will proceed to a bench or jury trial. Otherwise, you will accept a negotiated plea.
Penalties for Third Degree Assault in New York
In Schenectady County, a Third Degree Assault conviction carries significant penalties, including potential jail time and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Third Degree Assault (PL § 120.00) | Class A Misdemeanor | Up to 1 year in jail | Up to $1,000 | None directly, but may affect professional licenses | Criminal record, possible immigration consequences, employment difficulties |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to each case. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We provide “Advocacy Without Borders,” offering strategic defense case-specific to the Schenectady County court system.
Case Results & Client Advocacy
While specific local results for Third Degree Assault are part of our broader practice, our firm-wide commitment is demonstrated through 4,739+ documented case results across all jurisdictions we serve, with over 93% favorable outcomes. We actively practice in New York and apply our extensive experience to each Schenectady County case.
Results may vary. Prior results do not aim for a similar outcome.
Local Schenectady County Defense Services
Our New York location serves clients at Schenectady County courts. We represent individuals from Schenectady, Niskayuna, Rotterdam, Scotia, Duanesburg, and Glenville. As a dedicated Third Degree Assault Law Firm Schenectady NY, we offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
Frequently Asked Questions: Third Degree Assault in NY
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 not a felony, but a conviction still carries a maximum sentence of up to one year in jail.
Can a Third Degree Assault charge be dropped in Schenectady County?
It depends. The District Attorney may drop charges if evidence is weak. More commonly, first-time offenders may receive an Adjournment in Contemplation of Dismissal (ACD), where the case is adjourned for 6-12 months and then dismissed if you have no new arrests.
What is the difference between assault and harassment?
Assault (Penal Law § 120.00) requires intent to cause, and the actual causing of, physical injury. Harassment (Penal Law § 240.25/26) involves intent to harass, annoy, or alarm, and can include physical contact but not necessarily injury. The penalties and classifications differ.
Do I need a lawyer for a misdemeanor assault charge?
Yes. Even a misdemeanor carries a potential jail sentence and creates a permanent criminal record. A lawyer can negotiate for reductions, explore diversion programs, and protect your rights throughout the process.
What are common defenses to Third Degree Assault?
Common defenses include self-defense, defense of others, lack of intent to cause injury, mistaken identity, or that the alleged injury did not meet the legal threshold for “physical injury” as defined by New York law.
Related Legal Resources
If you are facing other charges, our firm also handles related matters: Criminal Defense Lawyer in Schenectady County. For a broader view of our New York practice, visit our New York Criminal Defense Lawyer hub. We also assist clients in nearby areas like Albany County.
Page last verified and updated: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your Third Degree Assault charge in Schenectady County.