One of the more serious misdemeanor crimes you can be arrested for in New York, Criminal Obstruction of Breathing or Blood Circulation, New York Penal Law 121.11(a) and New York Penal Law 121.11(b), is often charged in the context of a New York Domestic Violence arrest. Although a prosecution for…
Articles Posted in Assault
Physical Injury Requirement for Misdemeanor Assault in New York: Substantial Pain and PL 120.00
There are countless arrests for Assault in the Third Degree, New York Penal Law 120.00, Assault in the Second Degree, New York Penal Law 120.05, and Assault in the First Degree, New York Penal Law 120.10, charges every year in New York City. An issue that arises incredibly frequently, and…
What is a “Dangerous Instrument” for the Purpose of Weapon Possession, Assault and other Crimes in New York
The term “dangerous instrument” is used throughout the New York State Penal Law as an elements of certain criminal charges, typically violent felonies such as Assault in the Second Degree, New York Penal Law 120.05(2), but for other misdemeanor crimes such as Fourth Degree Criminal Possession of a Weapon, New…
NYC Arrest for Second Degree Assault and Second Degree Strangulation Ends in Dismissal of All Domestic Violence Charges in Court
Accused of strangling and slamming the complainant’s head into a radiator during a domestic violence dispute, a recent Saland Law PC client faced up to seven years in prison after being arrested for and charged with Second Degree Assault, New York Penal Law 120.05, and Second Degree Strangulation, New York…
Jacqueline Kent Cooke, Granddaughter of Famed Former Redskins Owner, Arrested for More Aggression and Moxie than Entire Washington Defense
The last time anyone associated with the Washington Redskins opened a can of good old fashion whoop-ass was likely the bludgeoning of John Elway’s Denver Broncos by both Doug Williams and Timmy Smith in Super Bowl XXII. While Jacqueline Kent Cooke may or may not have been a glimmer in…
New York Second Degree Assault Felony Arrest Ends in Non-Criminal Disorderly Conduct Violation
Sometimes people make bad mistakes. Really bad mistakes. When youth is mixed with alcohol and testosterone is running through one’s veins, there is a often a toxic mix that can end in disaster. Unfortunately, a recent client who retained the New York criminal lawyers at Saland Law PC learned this…
Student Arrested for Second Degree Assault Against Teacher: New York PL 120.05 Dismissed
Who is going to believe me? Why would the police or a prosecutor take my side if a teacher claims that I assaulted her? Making matters worse, why would the District Attorney’s Office take my word over my teacher’s where she claims I caused her some degree of injury? After…
Third Degree Assault and Obstruction of Breathing Circulation Dismissed: New York Criminal Lawyers Keep Client’s Record Clean
There is no better feeling than vindicating or exonerating a client who comes to you passionately asserting that the crime he or she is accused of is a crime that he or she did not commit. Yes, a complainant can make an allegation, but as we all know assertions made…
New York Domestic Violence Third Degree Assault Dismissed: Order of Protection Removed
There are few worse things than being accused of a crime you did not commit. Even more upsetting is if the crime you are arrested for in New York involves an accusation of Domestic Violence, Assault and Child Endangerment. Sadly, when marriages go south and divorces get nasty, criminal lawyers…
No Direct Proof I Caused Him Any Pain or Physical Injury: Circumstantial Third Degree Assault Arrests in New York
New York Penal Law 120.00 is New York’s misdemeanor Assault crime. As a result, any time a complainant or alleged victim makes an claim that another person struck, hit, punched, etc., him or her, prosecutors will routinely add Third Degree Assault to the list of crimes on a criminal court…