Adam Bradley, the mayor of White Plains New York and a former New York State assemblyman, was convicted after a bench or “judge” trial in White Plains. Initially charged with Assault in the Third Degree, Witness Tampering and Criminal Contempt, a judge convicted Mayor Bradley of Criminal Contempt, Attempted Assault and Harassment. Mayor Bradley faces up to one year in jail on the Criminal Contempt, ninety days in jail on the Attempted Assault and fifteen days in jail on the Harassment conviction. Although there is no minimum term of incarceration (Mayor Bradley may get no jail at all), if Mayor Bradley is sentenced to jail his sentences would run concurrent and not consecutive.
The charge of contempt stems from the initial allegation that there was contact by Mayor Bradley with his wife, Fumiko. When an order of protection or restraining order is in place, the order specifies or limits some or all contact with the complainant by the defendant. If, for example, there was a full order of protection limiting any contact with a complainant, a violation or contempt would technically occur even if the complainant decided to ignore the order and talk to or be with the defendant. A complainant’s willingness to ignore an order of protection issued by a court is no defense for the accused to continue or maintain contact. In part, this is because the order of protection is a court order and not subject to the desire of the complainant barring an amendment of that order.
New York Penal Law section 110 is the “Attempt” section of the criminal code. Whenever one is charged with a completed crime, such as Assault in the Third Degree, a jury or judge can find that person not guilty of the completed crime, but guilty of the lesser included offense based on the theory that he or she was unable to complete that crime. A simple way to look at this is if one punched another person in the face and broke his or her nose and had the intent to cause that person substantial pain, then the completed crime of Assault in the Third Degree would be the likely charge. If one’s intent was the exact same, but one swung and missed, then the crime would be an Attempted Assault in the Third Degree. For legal purposes, when one is convicted of the attempt as opposed to the completed crime, the degree or severity of the offense is knocked down one level. Here, instead of an “A” misdemeanor, the crime that the judge convicted Mayor Bradley for was a lesser “B” misdemeanor.
Lastly, Harassment is a violation in the New York Penal Law. A violation is an offense, but not a crime. If this was the only offense for which he was found guilty, the Harassment conviction would not result in a criminal record. Obviously, that is not the case for Mayor Bradley.
Only time will tell what the judge will sentence Mayor Bradley to or whether or not he will soon be known as former Mayor Bradley. Sadly, Mayor Bradley now joins Hiram Monserrate, and to a lesser extent Senator Kevin Parker, as a political leader convicted of misdemeanors over the past year.
Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. For further information on criminal statutes, legal decisions and newsworthy cases, please review the Crotty Saland PC website or the New York Criminal Lawyer Blog.