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Articles Posted in Assault

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Does Merely Asserting “Substantial Pain” Satsify the Prosecution’s Burden to Sustain a Complaint for Third Degree Assault (NY PL 120.00)

You slap someone in the face. Certainly its not nice, but is it a Third Degree Assault in New York? You punch someone in the gut. Again…not nice…but is it an Assault in the Third Degree? You kick someone in the ribs (maybe they deserved it and you were merely…

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Challenging a New York Arrest for a Strangulation Crime: Reduction of NY Penal Law 121.12 to NY Penal Law 121.11

Since the New York State legislature created new violations of the Penal Law and criminal code involving Strangulation and Related Crimes, prosecutors throughout New York City and the suburbs have been bringing these cases at very serious clips. It seems that any time there is allegation of one party grabbing,…

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Using a Belt to Strike a Child: Can Your Actions Constitute Assault, Endangering the Welfare of a Child & Weapon Possession?

Any crime that involves a child is often given extra scrutiny by prosecutors, judges and even New York criminal lawyers. Compounding matters, if that crime also includes allegations of Assault and Criminal Possession of a Weapon, there is a real concern for the accused whether or not the complaint is…

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Self Defense in a New York Assault Case: Justification & Initial Aggressor

New York Assault arrests easily make up the majority of violence related crimes in New York as a singular group of offenses. Whether the crime is a Domestic Violence offense, a bar fight constituting Third Degree Assault, a misdemeanor Desk Appearance Ticket or a more serious Second or First Degree…

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Arrested for Domestic Violence in New York: Understanding the Process, Crimes and Procedures

New York Domestic Violence crimes are some of the most serious offenses found anywhere in the criminal law (and rightfully so). Well beyond allegations of Assault, these crimes cover a wide spectrum of conduct. Regardless of the offense charged, the significance of a New York Domestic Violence arrest or accusations…

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Defending a New York Felony Assault Arrest: Small Scars, Lacerations & Second Degree Assault (NY PL 120.05)

New York Assault lawyers and criminal defense attorney who routinely practice in New York’s criminal courts see Assault prosecutions involving the entire spectrum of injuries. For example, common Third Degree Assault (New York Penal Law 120.00) allegations occur after two people get into a fist fight. Maybe one person took…

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UPDATED – Stephanie Pratt’s Boyfriend Faces Possible New York Felony Assault Charges: Trumped Up Arrest Charges or Viable Case Against Julien Chabbott?

In what appears to be a failed low speed getaway, the boyfriend of dime-a-dozen reality “star” Stephanie Pratt was arrested yesterday for allegedly rolling over the foot of a police officer in Manhattan. According to earlier reports, Julien Chabbott was charged with Second Degree Assault (New York Penal Law 120.05(3)),…

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Second Degree Harassment: What Can Happen to an NY PL 240.26 Charge When Your Initial Arrest was Unauthorized

While some New York criminal lawyers, prosecutors and judges use the term “fruit of the poisonous tree,” the wording is not nearly as important as the concept in criminal law. That is, if initial conduct by a police officer is unauthorized, for example, the recovery of contraband or property may…

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Drake – Brown Beatdown: Possible Criminal Arrests & Charges After Club WIP Bar Fight in Manhattan

According to reports, rapper-singers Drake and Chris Brown, along with their respective entourages, OD’d in testosterone and supposed manhood at Manhattan’s club W.I.P. Whether it was the result of one too many cocktail, it is alleged that Drake taunted Brown over the former’s “between the sheets dancing” with the over-hyped…

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NFL’s Brandon Marshall Accused of Assault in NYC: Potential Crimes, Punishment & Defenses

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…

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