Under New York Penal Law assault is defined as intentionally, recklessly or with criminal negligence causing physical injury to another person. Free Consultation - Call 212.312.Former Manhattan Prosecutor. If you have been accused of assault, the best course of action is to contact our Queens assault defense attorney for a consultationg regarding your case. Assault in the third degree, Penal Law 120.00, is a class A misdemeanor. Call the Law Office of Lance Fletcher for a evaluation evaluation. A person is guilty of assault in the second degree when: 1. The law requires that the Court instruct the jury with respect to possible lesser included offenses, even if they are not contained in the indictment. Assault in the third degree is the lowest tier of assault charges. It occurs when someone inflicts physical injury – a bodily impairment or substantial.