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 York Penal Law 265.01(2). From the context of the criminal statutes in which the term is used, it is easy to understand that the term “dangerous instrument” is basically referring to the use of a weapon. But what qualifies as a weapon and how is it different from a “dangerous instrument?” Not a complete analysis of the law nor a substitute for a consultation with your criminal lawyer, the following helps answers this question.
Accused of strangling and slamming the complainant’s head into a radiator during a domestic violence dispute, a recent Crotty Saland 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 Penal Law 121.12. Quite serious felony crimes in New York, the criminal lawyers and former Manhattan prosecutors at Crotty Saland PC had their hands full. Our client, who maintained his/her innocence, refuted the objectively serious allegations from the onset of his/her arrest. Hauled into an NYPD precinct, questioned by detectives and both booked and arraigned on these two felonies, the District Attorney’s Office asserted in the felony complaint that not only did our client strangle the complainant until he/she lost consciousness, but our client repeatedly slammed the complainant’s head into a radiator in the neighborhood of fifteen time, gouged at the alleged victim’s eyes and punched him/her in the nose. Not only did the complainant black out twice, but our client also allegedly brandished scissors while threatening to kill his/her domestic partner. Facing a minimum of two years in prison and a maximum of seven years incarcerated if convicted of either PL 120.05 or PL 121.12, the New York domestic violence attorneys at Crotty Saland PC expected the worst at arraignment, but what seemed to be an objectively horrific incident if true, slowly evolved into a case that was far from what it seemed.
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 her parents’ eyes back in 1988, if the allegations are true as reported by the New York Post and New York Daily News, the heiress now faces criminal charges for at least the second time in her short, but financially enhanced, life. Possibly unfamiliar with the current state of concussions plaguing professional football players, Ms. Kent Cooke is alleged to have made some rather insensitive anti-Semitic statements toward a Jewish lawyer (presumably not former US Senate candidate Roy’s Moore’s Jewish lawyer) followed by a unsportsmanlike slam to the noggin of the fifty plus year old man with her hard sided purse. It is further alleged that Ms. Kent Cooke may have consumed a few too many cocktails
So, with at least three, if not four, full quarters left to play, what is in store for Ms. Kent Cooke as she enjoys the next “few” hours hanging out in Manhattan’s Tombs? What are the potential crimes she may face as she temporarily takes up residence in a dirty jail cell awaiting arraignment in New York County Criminal Court?
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 Crotty Saland PC learned this the hard way after the NYPD arrested our client in Manhattan charging our client with Second Degree Assault, New York Penal Law 120.05, and other crimes. Our client, a recent college graduate, got into a confrontation with anther person at a NYC bar and allegedly attempted to smash a glass mug on the person’s head or face, but instead the glass was alleged to have bounced and shattered on the face of a nearby person. As a result, the unintended victim whom our client was alleged to have struck suffered significant injuries to his jaw structure and bone as well as numerous stitches to close the wound from the broken glass. Hauled off to court and arraigned before a judge on two separate counts of Second Degree Assault under the theory that a dangerous instruments was used to cause a physical injury and that it was our client’s actual intent to cause a serious physical injury, our client faced a potential indelible felony conviction and as much as seven years in a New York State prison. As unfortunate as those circumstances may have objectively been, the New York criminal defense attorneys and former prosecutors at Crotty Saland PC were able to secure not merely a downward departure from a felony to a misdemeanor, but our client was ultimately sentenced to a Disorderly Conduct, New York Penal Law 240.20. In the end, our client did not sustain a criminal record.
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 all, why would a teacher make up a story or exaggerate an incident that ended up with me being arrested and charged with a felony of Second Degree Assault? Am I going to go to prison on a “D” violent felony where my exposure on a conviction for New York Penal Law 120.05 is up to seven years in prison? What defense can my criminal defense lawyer establish if there were little or no witnesses? Does it come down to a defense of “he said she said?”
While the above questions may only be a fraction of those racing through your mind after you have been arrested and charged with felony crime in New York, when all is said and done your goal is an obvious one. If you are not guilty, then you are pursuing all of the legal avenues possible to resolve the arrest and case in non-criminal way. Fortunately for a client of the New York criminal defense lawyers at Crotty Saland PC, while we were able to secure an outright dismissal, the removal of an order of protection, and the ability of our client to return to the school should our client and our client’s family believe this was best for the child’s future.
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 by one party are not always true. In most cases, because the police were not at the scene of an incident when you committed an alleged crime, the police officer or detective has to make a decision as to whether or not there is probable cause to make an arrest. Sometimes right in their determination and sometimes wrong, unfortunately for those who fall into the latter category of arrests, a pending criminal case can, and often does, disrupt your life as the matter winds through the New York City or other courts from arraignment to resolution. For a recent client defended by the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, what started off as a horrific evening in jail in Manhattan’s infamous “Tombs” waiting to see a judge, ended in the best possible manner. The District Attorney rightfully dismissed the crimes of Third Degree Assault, New York Penal Law 120.00, Criminal Obstruction of Breathing Circulation, New York Penal Law 121.11, Third Degree Menacing, New York Penal Law 120.15, and other offenses.
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 see the ugly side of false claims, unnecessary arrests and orders of protections that are used not because they are genuinely needed, but one spouse wants to manipulate the system for his or her own gain.
Unfortunately for a recent client of the New York criminal lawyer at Crotty Saland PC, the above scenario played out where her spouse accused her of Third Degree Assault, NY PL 120.00, in front of their children. Not only was she charged with PL 120.00, but because the children were allegedly present she was also arrested for Endangering the Welfare of a Child, NY PL 260.10. Compounding matters well beyond these two class “A” misdemeanors, the court issued an order of protection in favor of her husband and children despite the fact that although unknown to the District Attorney’s Office at the time, the complainant fabricated the incident.
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 complaint. Similarly, Second Degree Harassment, New York Penal Law 240.26, is a violation that is not a legal “lesser offense,” but an offense nonetheless that Assistant District Attorneys will throw at the accused. Because PL 120.00, a misdemeanor carrying a sentence of up to one year in jail, is a gravely concerning charge whether by Desk Appearance Ticket or full on arrest and processing, it is imperative to do your best to challenge your arrest at every stage of the criminal process well before you on trial. One of the means to do so at the earliest stage is for your criminal defense attorney to file a motion arguing that the complaint against you is legally of facially insufficient to support the elements and crime of Assault in the Third Degree. On avenue your criminal lawyer may pursue is arguing that on the face of the complaint the prosecution failed to establish that as a result of your alleged actions, even if true, you caused the “victim” to suffer a physical injury and substantial pain.
I am not a free lawyer, but that does not mean I do not handle pro bono work or represent individuals who do not have the means to retain an experienced New York criminal lawyer. Simply, everyone needs and should be entitled to quality representation by an attorney especially in the context of a life altering arrest. After meeting with a woman who was unquestionably the victim of domestic violence in both criminal and “merely” mentally abusive form, Crotty Saland PC took her case in New York City Criminal Court. Despite the public lawyer assigned to her case advising that she had a difficult path ahead, our client maintained her innocence in the face of charges including Third Degree Assault (NY PL 120.00) and Second Degree Aggravated Harassment (NY PL 240.30). While it was unlikely she would see any jail time even though the law allows up to one year in prison, any finding of wrongdoing or assertion that she assaulted and harassed her partner was unacceptable. Fortunately, through diligence, time and effort, Crotty Saland PC secured a complete dismissal of all charges.
Sometimes bad things happen to good people. When that bad thing is being accused of a crime, arrested, hauled into a precinct, fingerprinted, and thrown before a judge, the consequences to your mental state, career and outlook on life can be devastating. If a misdemeanor accusation is horrendous, a felony arrest is exponentially worse. It doesn’t matter if this happens to you in Manhattan, Brooklyn, Westchester, or any city, county or municipality in New York State (or elsewhere for that matter). Sadly, this exact scenario happened to a Crotty Saland PC client after our client was charged with numerous crimes including felony Second Degree Assault (New York Penal Law 120.05(1)), Leaving the Scene of an Incident without Reporting (Vehicle and Traffic Law 600), Second Degree Reckless Endangerment (New York Penal Law 120.20) and other offenses. It was alleged that our client, a college instructor and professional, struck the complainant’s car at a stop light and drove off through the following red light. After catching up to our client, it was claimed by the District Attorney’s Office that there was a second accident between the vehicles driven by the parties. Finally, after pulling into a parking lot, the complainants’ (a passenger and driver) alleged that after a brief conversation outside the vehicles our client got back into the car, drove at one of the complainants and struck her. This complainant alleged that our client then drove off with her on the hood through the parking lot until she fell off. At that time, the complainant contended she suffered and injury to her nose area requiring multiple stitches. Despite these claims, the severity of the arrest and nature or the crimes, our client stood firm and adamantly denied that the events of the evening in question occurred as set forth by the prosecution and complainants. After much hard work from our criminal defense attorneys, our client’s strength and perseverance was rewarded with a non-criminal resolution.