Assault Cases in Upstate New York

Gregory P. Garofalo, Esq. has been practicing criminal law for over 27 years. Over the years, Mr. Garofalo has defended numerous crimes that are chargeable under Assault in the Third degree (Penal Law Section 120.00(1). In Saratoga County and surrounding upstate counties, these are disagreements involving bar fights, college fights, and so on. Often a fight focuses on the question of “who threw the first punch”? When the cops arrive they are looking to see who suffered the most physical damage as a result of the fight.

Assault in the Third degree (Penal Law Section 120.00(1) is a class A misdemeanor. A class “A” misdemeanor carries a sentence of up to a year in jail. In addition, the misdemeanor charge requires representation by an attorney to get a good plea bargain. With an attorney, it is unlikely that a first-time offender is given jail time in a plea bargain offer. In fact, prosecutors commonly offer good plea bargains to defendants accused of Assault in the Third degree and have never previously been arrested. The prosecutor may offer an Adjournment in Contemplation of Dismissal ( an “ACOD”), Harassment (Penal Law Section 240.26) or Disorderly Conduct (Penal Law 240.20) – both violations of law, not crimes. Additionally, the prosecutors may ask for some sort of community service, for example, ten (10) hours to thirty (30) hours, depending on the facts of the case, the county it occurred in, Judge and/or the prosecutor.

Assault cases are very fact-specific. You may find your self facing more severe charges such as Assault in the Second Degree (Penal Law Section 120.05), a Felony. Assault in the Second Degree can be charged where “serious physical injuries” resulted from the assault and the assault was carried out with the intent of causing such injuries. Or, it can also be charged where a “deadly weapon” or “dangerous instrument” is a factor.

Gregory P. Garofalo, Esq. is an accomplished criminal defense attorney with over 27 years of experience in this area of the law. Mr. Garofalo represents people throughout Saratoga, Albany, Schenectady, Warren, and Washington Counties, including Ballston Lake, Ballston Spa, Clifton Park, Halfmoon, Colonie, Saratoga Springs, Gansevoort, Mechanicville, Wilton, Waterford, Malta, Rotterdam, Albany, Latham, Lake George, Schenectady, Glens Falls, and Queensbury, in addition to other locations. Contact the Law Office of Gregory P. Garofalo by phone at (518) 584-1557 or online to schedule a free consultation.