Violent Felonies
Murder, Robbery, Burglary, and Arson
Murder, robbery, burglary, arson and assault fall under the category of violent felonies, which by law require limits on plea bargaining and more severe sentencing.
Individual violent felonies are defined as follows:
Murder - the intentional or reckless conduct which causes the death of a person.
Robbery- the taking of property from another by either actual force or the threat of force.
Burglary - the unauthorized entry into premises for the purpose of committing a crime.
Arson-destroying property by the use of fire or explosives, having no right to do so or creating a risk of injury to others.
Due to the potential harm to human life and to protect the security of local communities, both courts and prosecutors often take a hard position on violent felonies cases.
To successfully defend violent felonies, forensic evidence, admissions, written confessions, and witness statements, require careful consideration and investigation, as well as detailed information showing circumstance and positive aspects of a client.
Assault
Assault falls under the New York Penal Code- Title H, which addresses offenses against the person involving physical injury, sexual conduct, restraint and intimidation. Article §120 of the Code states: A person is guilty of assault in the third degree when:
• With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
• He recklessly causes physical injury to another person; or
• With criminal negligence, he causes physical injury to another
• person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor. When a weapon is used or the victim is seriously injured, felony charges can result. Assault cases are often prosecuted on the basis of who was injured, as opposed to who provoked the fight. Courts will accept the self-defense argument, which is taken into consideration, when you are taking an action to prevent another from injuring you. Provocation or “mouthing off” will not be considered as a defense to assault.
If you or a loved one has been charged with assault, call the Law Offices of Rudolph F.X. Migliore, P.C. to schedule a free consultation and to protect your legal rights.
Civil Assault
Assault, in a civil context, is defined as an intentional attempt or threat to inflict injury upon another person, combined with an apparent, present ability to cause that harm, which in turn creates a reasonable apprehension of bodily harm or offensive contact in another. Assault does NOT require actual touching or bodily harm to the victim. Sometimes assault and battery are used interchangeably, but battery is an unjustified harmful or offensive touching of another. Battery also differs from civil assault in that it does not require the victim to be in apprehension of harm.
Assault developed in common law, meaning it developed through usage, custom, and judicial decisions rather than from legislative enactment. Modern-day assault statutes closely reflect the ancient common-law definition. An assault is both a crime and a tort. Therefore, an assailant may face both criminal and civil liability. A criminal assault conviction may result in a fine, imprisonment, or both. In a civil assault case, the victim may be entitled to monetary damages from the assailant.
Separate from any criminal prosecution for assault, a victim may pursue civil damages for injuries caused by it. After a determination by a judge or jury that an assault was committed, the next step is to determine what compensation is appropriate.
Damages in Assault Cases
New York criminal code provides for three types of damages the court may award in assault cases:
• Compensatory damages, such as medical expenses, are meant to compensate the victim for the injury sustained.
• Nominal damages are a small sum that act as an acknowledgment that a person has suffered a technical invasion of rights. Nominal charges are awarded in cases where no actual injury has resulted, or where an injury occurred, but the amount has not been established.
• Punitive damages may be awarded in particularly egregious circumstances, as a way to further punish the wrongdoer. Punitive damages go above and beyond compensatory damages.
Contact Our Long Island, New York Law Firm
Contact us at 631-543-3663 to schedule a free consultation in your personal injury, criminal defense, estate planning and asbestos cases. We do not offer free consultations in family law matters at this time. An experienced lawyer will evaluate your case and help you set clear expectations. Committed to client communication, we regularly provide information, status updates and feedback.
