Hello, 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.