Assault

April 6, 2009

Harassment in the Second Degree: Not Quite an Assault and Definitely Not a Crime in NY

Any NY criminal defense attorney who has “been around the block” even just one time should be able to advise you that one of the key components to Assault in the 3rd Degree, unlike Harassment in the Second Degree, is that you inflict or cause a physical injury to another person. Well, what happens if you strike or hit someone and you don’t bust their lip, give them a black eye or, or cause any pain at all? Guess what…your weakness or their toughness could be a blessing to you!

While you can certainly be charged with Attempted Assault, a “B” misdemeanor punishable by up to 90 days jail, there is another offense lingering out there in the New York Penal Law. That offense is Harassment in the Second Degree. According to NY Penal Law 240.26:

March 17, 2009

New York Criminal Defense Update: New Crime of Assault on the Books

by Jeremy Saland

The NY criminal defense attorneys at Saland Law PC do their best to keep on top of the changes in criminal statutes and new court decisions regarding those statutes. When there is a new law or pertinent decision by the courts regarding any criminal law we do our best to relay that to our readers. One such crime, Assault in the Second Degree pursuant to PL 120.05(12), has been added to New York’s criminal books as of June 2008.

Pursuant to PL 120.05(12), Assault in the Second Degree, a person is guilty of this offense when “with the intent to cause physical injury to a person who is sixty five years of age or older, he or she causes such injury and the actor is more than ten years younger than that person.” This new crime is a “D” felony punishable by up to seven years in state prison.

June 3, 2008

Not Guilty of Assault: Manhattan Case of Christoper Carter and Stuart Sugarman

by Jeremy Saland

Christoper Carter was acquitted in New York County (Manhattan) Criminal Court after a jury found the prosecution did not prove he committed the crime of Assault in the Third Degree, a misdemeanor punishable by up to one year in jail, beyond a reasonable doubt.

While many people know the basics about this story, the case is centered around an altercation at a sports club. Stuart Sugarman and Christopher Carter were both members of Equinox, a gym in New York. During a spin class Sugarman became loud and apparently rude. To quiet him down, Carter allegedly lifted Sugarman’s bike and /Sugarman hit the wall, fell to the floor, and damaged discs in his back. As a result of this incident, the police and Manhattan District Attorney’s Office charged Carter with Assault in the Third Degree.