This educational video on third degree assault was provided by Drew Fritsch, an experienced Buffalo Third Degree Assault Lawyer.
- I recently spoke with an individual who had been charged with assault in the third degree following a fight that broke out in a bar.
- New York State considers this A misdemeanor a very serious crime punishable by up to a year in jail, up to three years of probation, and a possible order of protection in favor of the assaulted person.
- An assault conviction requires certain specific proofs, and an attorney can guide the client in how best to proceed.
How to deal with police
You may already have experienced the benefits of being courteous in your interactions with police – or you might have experienced the opposite. Police have a great deal of discretionary power when writing tickets or placing individuals under arrest. If an officer pulls a person over for speeding, or stops a person with an open container of alcohol, depending on the context, that person's comportment could mean the difference between a ticket and a warning. If police stop you for something more serious – like driving while intoxicated, shoplifting, or assault – you likely won't get away with a warning. However, it's still imperative that you act respectfully. The way you act in your encounter with police can determine the outcome of your case – for better or worse – when you go to trial.
When dealing with police:
- Use a calm, respectful tone. Do not yell, threaten, or be sarcastic.
- Respond to questions promptly and comply with the officer's directions.
- Do not “resist” arrest: do not run, struggle, or try to prevent officers from putting you in handcuffs or placing you in a vehicle.
Remember that the arresting officer will testify at your trial. The officer will mention your comportment – good or bad. Testimony to your disrespectful behavior will make a judge less likely to reduce or drop charges, and could make that judge harsher in sentencing; testimony to your good behavior could contribute to lighter sentencing or reduced charges.
All that said, remember that you do not have to answer any questions. Instead of acting disrespectfully, some people are too forthcoming when under arrest, and end up saying things that incriminate themselves. It will be wise for you to inform an officer respectfully that you do not wish to answer questions, invoking your right to communicate with your lawyer.
Did you or a loved one get into a fight, and end up getting charged with third degree assault? Don't plead guilty until you know all of your options.
Contact our experienced Buffalo Third Degree Assault Lawyer. Drew Fritsch is dedicated to defending your freedom and protecting your future. We offer free consultations and have achieved positive outcomes for countless clients.
If you are being investigated for a crime, contact our law office immediately. Time is of the Essence. Do not talk to anyone about your case except for your lawyer.