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I been charge with a 120.00 (1)

Bronx, NY |

I was recently at a store and a cashier got into an argument with my wife, she try to walk away from the chashier and I try to block her with my baby stroller try to stop her while I call a manager, she tripped on the stroller and landed on my baby's face, my first reaction with out thinking was to throw a punch but I misse, the she charge at me and I stop her with my hand. An officer got there and I explain what had happen he told me to wait while he check the cameras he came back after 20 minutes and told me to go home that he dint see anything about me punching her in the face. But she when to the local police station and file a report so I got a call from a DT and ask me to go meet him were I got arrested and he finger print me and gave me a court date.

I wanted to know what I'm facing I'm I going to get jail time?

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Attorney answers 4

Best Answer

It sounds like you have been charged with assault in the third degree under Penal Law 120.00. A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor which for an adult is punishable by up to one year in jail, 3 years probation and/or $1,000.00 fine plus a mandatory surcharge and DNA Databank fee but can often times get reduced to a non-criminal offense or even adjourned in contemplation of dismissal. . However, please note that prior results do not guarantee future outcomes. I strongly urge you to exercise your right to remain silent and your right to an attorney .


It does not appear your post has an actual question. Please clarify what exactly it is you are asking about your charge, and I will do my best to answer.

Ernest A. Ryberg, Esq.
103 Brighton Avenue, Third Floor
Long Branch, New Jersey 07740
732.229.4646 (Telephone)
732.497.3467 (Mobile – Emergencies Only Please)
732.229.4644 (Telefax)


If you recevied a Desk Appearance Ticket, you were likely charged with Assault 3, a Class A misdemeanor. I suggest that you retain an attorney immediately so the attorney can subpoena the surveillance recordings before they get erased. It sounds like very important evidence in your case and I would not rely on the police having made a copy. I am a former federal and State prosecutor and now handle criminal defense so please feel free to check out my web site and contact me if you wish to retain counsel.


Based on the facts contained in your narrative there may a basis for a self-defense/justification defense as it appears your intent was to defend your child and yourself. I recommend you retain an experienced criminal defense attorney in advance of your court date. Its important that you get out in front of this and avoid a criminal record.

Should you wish to dicuss this further, please feel free to contact me at anytime.

Yours truly,

Tom Kenniff