<p>goaliedad-I was actually citing the NY State penal code as I am a former prosecutor in the state. I was merely trying to explain why the highest count in this instance was charged as a misdemeanor. </p>
<p>Throwing someone out a third floor window would undoubtedly result in a felony charge. “1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person;” NY State Penal Law Section 120.05 One could surmise that a person who threw another out a third floor window would be intending to cause serious physical injury.</p>