Legal Question in Criminal Law in New York

Re: assalt in the 3rd degree

Your question reveals an apparent misunderstanding of the law. Striking a person can constitute a criminal offense. All crimes are prosecuted by the government, not by individuals as in the civil law. That's why the "State" is involved. A charge has been made that this man hit that woman under circumstances you have not provided. You should review those circumstances with an attorney as quickly as possible. Email me at [email protected] if you would like to discuss this further.

Re: assalt in the 3rd degree

what is the penalty?

Depending on what he did and the result of same, it could be anywhere from probation to life in prison. Since you ask about third Degree assault in the title, it carries up to 1 year in local jail, a $1000 Fine or 3 years supervised probation, or up to 1 year unsupervised probation. The court can also give other sentences like community service and anger managment as well as orders of protection.

Why would the state take over??

Because it is an assault.

If you have been charged with assault I would call a lawyer right away. It is a very serious charge and although it is not a felony it can have long reaching ramifications.