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What will happen if I plead guilty to assault 3rd degree, harrassment 2nd degree, Menacing 3rd degree

Bronx, NY |
Attorney answers 3


You would have a criminal record, potentially face jail time, probation or a conditional discharge (unsupervised probation), fines and community service or a combination of some of these.

If you are under 19 and have no priors, you won't have a criminal record but the above penalties still apply.

Ask your attorney what the conditions of the plea are.

Joseph A. Lo Piccolo, Esq.
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)


If you are pleading guilty I am certain that it is in connection with some sort of plea bargain. As such you should know exactly what will happen and if you don't you shouldn't be pleading. At least not until everything is fully explained to you. If you plead guilty to these offenses, besides for whatever penalty will be imposed (and that can include jail time) you will have a criminal record that will follow you for life (NY does not expunge criminal convictions ever). You should be discussing this with your attorney and if you don't already have one - get one and don't do anything until you do.


You would face up to one year in jail and $1000 fine and you would have a permanent criminal record that could never be erased or expunged. This criminal conviction could affect future employment, credit, financial aid and immigration applications. When you plead guilty, you are giving up very important rights such as the right to have teh State prove your guilt, the right to testify on your own behalf and the right to confront witnesses against you. It should not be given up lightly and without good reason. Typically when you plead guilty, the punishment has been negotiated for you by your attorney so you know what to expect before giving up these rights. In some rare cases, defendants plead guilty and hope for leniency by the judge. Are these the total charges you face or are they being reduced from felony charges? You should hire a lawyer who may be able to negotiate a deal for you where you do not go to jail and can possibly avoid having a criminal record. Don't give up without a fight. Even if you made some mistakes you need an attorney who can help with damage control.

Richard Southard
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years.

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