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In New York is attempted assult in the third degree considered a violent felony,does a certificate of relief give me my rights

New York, NY |

I was arrested in 2000 at the age of 17 for attempted assult and was charged with a felony found guilty and did 5yrs probation and community service and posses a cert of relief from civil disabilities since 2002 would like to also be a police officer and buy a shotgun for hunting and home protection and would like to know where I stand

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Attorney answers 4

Posted

It's Attempted Assault 2 which is a class E violent felony.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Have it in front of me it's attempted assault 3 class E felony

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

It's a typo or some other type of error. In NY State, Attempted Assault 3 is a B misdemeanor and your probation can only be 1 year. Assault 2 is a Class D felony and an attempt at that is a class E felony. Any felony carries 5 years probation. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

Something is off. Attempted Assault 3 is a Class B misdemeanor.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Asker

Posted

With all do respect I have the court docs right in front of me attempted assault 3 class E felony

Eric Edward Rothstein

Eric Edward Rothstein

Posted

If this NY, assault 3 is an A misdemeanor so an attempt is a B misdemeanor.

Posted

You obviously were convicted of a felony, not an attempted misdemeanor. That said, I don't know how much luck you will have getting hired as a police officer or having a firearm. The certificate of disabilities does not restore you as a dull citizen, only relieves you from certain disabilities that are imposed upon a felon. For example, licensing agencies are not bound to disregard your conviction, and often don't. You may wish to consult a civil rights attorney.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Asker

Posted

I was charged with attempted assult in the 3rd degree class E felony I have it in front of me. Is there any certificate or anything that shows the crime happened a long time ago I was young and haven't been in trouble since or am I stuck for the rest of my life because 14 years ago when I was 17 I messed up

Posted

You are not going to get a permit or be able to own a gun with a felony or become a poilce officer.