Athletes, just like the people who pay to watch them catch balls, shoot baskets and swing bats, sometimes put themselves in compromising situations. Brandon Marshall, a star wide receiver recently traded from the Miami Dolphins to the Chicago Bears, is no different. According to the NY Post, Marshall is accused…
Articles Posted in Assault
The Value of Investigating a New York Assault Arrest: New York Criminal Lawyers Obtain Dismissal of Felony Assault Case
Any New York criminal lawyer can tell you an allegation is merely an allegation. It is not proof beyond a reasonable doubt, or, for that matter, proof of much at all. Whether you are arrested for a fight involving a neighbor or a stranger, the burden on the prosecution is…
Do Puncture Wounds from being Stabbed Automatically Establish Serious Physical Injury in a New York Felony Assault Case?
Generally speaking, the practice of criminal law is neither scientific nor mathematical. While a New York criminal lawyer may be methodical in his or her dissection of legal issues and the use of prior cases decisions to prove a particular point of law, criminal law in New York is constantly…
Prosecuting a Case of Third Degree Assault (NY PL 120.00) without a Victim: The Excited Utterance Rule in New York
As a New York criminal attorney who works on behalf of clients in the criminal trial courts throughout the New York City area–from the boroughs of Brooklyn, Queens and Manhattan into the counties of Westchester and Rockland– I pick up on the strategies employed by the respective District Attorney’s Office.…
New York Penal Law 120.00 Deals & Offers: Potential Lesser Pleas in New York Criminal Courts Part II
In a previous entry, I addressed the crime of Assault in the Third Degree pursuant to New York Penal Law 120.00 as well potential deals or offers one could expect in New York City courts (as well as elsewhere in the state). Once again, if you intentionally (or recklessly) cause…
Oscar Fuller, the One Punch Bandit, and Second Degree Assault: A New York Criminal Lawyer’s Analysis of a Potential Overcharge
Oscar Fuller, the man accused by prosecutors of obliterating the petite Lana Rosa with one punch, was arraigned on an indictment charging Assault in the Second Degree in Manhattan Supreme Court earlier this April. According to District Attorney Cyrus Vance, Jr., what began as a dispute over a “trivial matter…
Top Criminal Case Result: New York Criminal Lawyers Obtain Dismissal of Third Degree Assault (NY PL 120.00) in NYC Court
The New York criminal lawyers at Saland Law PC are pleased to announce the dismissal of all charges against a client in a New York County (Manhattan) Criminal Court. Our client had been arrested for and charged with Assault in the Third Degree (New York Penal Law 120.00), Endangering the…
The “One Punch” Felony Assault: Will Intent or Only the Actual Injury Dictate the Ultimate Resolution in the Oscar Fuller Assault Case
Manhattan District Attorney Cyrus Vance, Jr. is in an unenviable predicament. One one hand he has Oscar Fuller, a man with a criminal record who is not a particularly sympathetic fellow, and in the other, Lana Rosas, a petite woman potentially on the edge of death or a vegetative life.…
Misdemeanor Assault in the Third Degree (NY Penal Law 120.00): Potential Deals & Offers for Assault in New York Criminal Courts Part I
Whether you were arrested for Third Degree Assault (New York Penal Law 120.00) or you were given an Assault Desk Appearance Ticket (DAT) in the New York City area, the potential offers or deals are ultimately the same. Certainly, one New York criminal defense attorney may have a different approach…
Making a Misdemeanor Assault in the Third Degree a Second Degree Felony in New York: When an Object Becomes a “Dangerous Instrument” & a Weapon
As I have noted in earlier entries, a misdemeanor Assault in the Third Degree (New York Penal Law 120.00) can be “bumped up” to a felony Assault in the Second Degree (New York Penal Law 120.05(2)) if the alleged perpetrator uses a “dangerous instrument.” As a New York criminal defense…