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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23201
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a public disagreement with a gay that hit my car (30

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I had a public disagreement with a gay that hit my car (30 days before it) and I slap him once in the face during a moment of arguing each other, we were arguing to close and I answered his provocation in a wrong way, I had lost my temper with somebody I knew this guy before when he hit my car he was racing as the damage was not big deal ($400 to fix)
and he ask me to don`t call the police that was not necessary he will pay for the damage I accept it and didn't call my insurance too. So, a fix the car and sent him the invoice as we had the agreement, so he changed the tune completely we argued in two occasions on third I met him on the airport he did some provocation I was trapped on his net. So somebody called the police I was arrested and charged with assault (3rd) (1). He didn`t touched me, I slap him there was no blood, or a visivel sign just litle bruise. I never had been arrested before, I just had a NJ court once for unlawful solicitation when I was transporting more passagengers in a rented van, but after explain in the court that it was a church group I just paid $72 and it was dismissed. So my question is what will be the charges? And what procedure the NY court could take against me. I have a background of 10 years as pastor in NY. Thanks

Assault in the third degree is a class A misdemeanor in NYS. I am linking you to the statute. An assault in the 3rd carries a maximum penalty of 1 year in jail, and as you can see from the statute, you don't have to produce any serious injuries. You do, however, have to cause some injury to be convicted of this crime and, moreover, you must intend to do it.

As an assault, if you are correct and there were absolutely no injuries, this would be a weak case. Your lawyer is correct to believe that he can likely get you a deal if you want it on a Class B misdemanor -- attempted assault -- and 6 months of misdemeanor probation. Arguably, an attempted assault is what is going on here. Additionally, the complainant will get an order of protection and you will be required to have absolutely no contact of any kind with him or you can face a new arrest.

Don't be so quick to jump at a B misdemeanor. In view of your profession, you shouldn't be so quick to give yourself a criminal record.

See if your lawyer thinks that if he can drag the case out, he can get you a disorderly conduct, which would be violation and NOT a crime. It might cost you far more that way in legal fees, but it will be worth it to have a clean record. A dis con gets automatically sealed at the end of a year, so long as you avoid further trouble with the law, while the attempted assault if you plead guilty to it will remain on your record forever, since NYS does not expunge convictions.

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