Understanding Desk Appearance Tickets for Assault in the Third Degree in New York City
In New York City, when someone is arrested for a misdemeanor offense like Assault in the Third Degree, they may not always be held in custody until their arraignment. Instead, they can be issued a Desk Appearance Ticket (DAT) — a legal notice requiring the individual to appear in court at a later date to face charges. This practice is common for non-violent or less serious offenses, but Assault in the Third Degree presents a unique gray area in the criminal justice system.
What Is Assault in the Third Degree?
Under New York Penal Law § 120.00, Assault in the Third Degree occurs when a person:
- Intentionally causes physical injury to another person,
- Recklessly causes physical injury, or
- With criminal negligence, causes physical injury using a dangerous instrument or deadly weapon.
This charge is classified as a Class A misdemeanor, which carries potential penalties of up to one year in jail, probation, and monetary fines.
What Is a Desk Appearance Ticket?
A Desk Appearance Ticket (DAT) is an alternative to keeping someone in jail before arraignment. It allows police to release the person with instructions to return to court at a specified date.
DATs are usually given for non-violent misdemeanors or certain non-serious felonies. Since Assault in the Third Degree can involve physical injury but is still classified as a misdemeanor, some defendants may qualify for a DAT — especially if they have no criminal record and the incident does not involve weapons or serious injury.
When Is a DAT Issued for Assault in the Third Degree?
Whether or not someone gets a DAT for Assault in the Third Degree depends on a few key factors:
- Severity of Injury: If the injury is minor, such as bruising or a small cut, a DAT is more likely.
- Criminal History: First-time offenders are more likely to receive a DAT.
- Flight Risk: If the individual has ties to the community (e.g., employment, family), police are more likely to issue a DAT.
- Cooperation: Those who cooperate during the arrest process are viewed more favorably.
However, if the alleged victim suffered serious injuries, if there is an allegation of domestic violence, or if weapons were involved, a DAT is unlikely. In those cases, the accused may be held in custody and brought before a judge for arraignment.
Legal Consequences After Receiving a DAT
Receiving a DAT does not mean the charge is less serious. It simply means the accused can remain out of custody until their court date. Once in court, the case proceeds like any other criminal matter. Possible outcomes include:
- Dismissal or Adjournment in Contemplation of Dismissal (ACD)
- Plea deal (e.g., disorderly conduct)
- Trial
- Conviction and sentencing
Hiring an experienced criminal defense attorney is crucial, as they can often negotiate for reduced charges or even dismissal, particularly if evidence is weak or the incident was minor.
Final Thoughts
Being issued a Desk Appearance Ticket for Assault in the Third Degree in NYC is not the same as being cleared of wrongdoing. It is a procedural decision that avoids immediate detention. However, the legal process ahead is serious, and the consequences of a conviction can be lasting — from criminal records to employment and immigration issues.
If you or someone you know has received a DAT for assault, consult a criminal defense lawyer immediately to understand your rights and options. Matthew Galluzzo is a former Manhattan Assistant District Attorney who has successfully represented dozens of individuals accused of Assault in the Third Degree. In particular, he has special expertise representing students, foreign citizens and visa-holders, and professionals for whom these types of charges may be particularly problematic. If you or a loved one have been issued a DAT for assault, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.