In a recent Domestic Violence case being prosecuted in Bronx County, the defendant challenged the issuance of a Temporary Order of Protection during the pendency of his Criminal Obstruction of Breathing or Blood Circulation (Strangulation) prosecution that prevented him from living in the home that he owned. A 2021 decision…
In a recent case before a New York appellate court, the defendant challenged her conviction and sentence for assault and criminal contempt. On appeal, she argued that the State had not proven that the victim of the assault had suffered a physical injury, which was a necessary element of the…
In a recent New York Criminal Assault case which was appealed to the New York Appellate Division, the defendant asked for his guilty conviction to be reversed. Originally, the defendant was found guilty of assault in the second degree after an altercation in a bar one evening. On appeal, he…
Recently, an appellate court in New York ruled on a defendant’s appeal in a case involving assault, manslaughter, and reckless endangerment. The defendant in this case argued that the search warrant leading officers to incriminating evidence against him was invalid and that his guilty verdict should be reversed. On appeal,…
In a recent New York criminal assault case, the defendant unsuccessfully appealed his conviction of assault in the first degree. In the appeal, the defendant argued that the prosecution failed to prove his guilt by legally sufficient evidence because his intoxicated state when the crime was committed rendered him incapable…
In a recent case coming out of a New York Court, the defendant appealed his convictions for robbery, criminal possession of a weapon, and assault. Originally, the defendant had been found guilty of all three crimes after he was involved in a violent incident in 2017. On appeal, he made…
In a recent opinion coming out of a New York court, the defendant unsuccessfully appealed his guilty conviction for manslaughter in the first degree. The defendant’s case emerged after he got into a physical altercation with another man. Following the altercation, police showed up at the scene and questioned the…
In a recent case from a New York court, the defendant’s appeal of his assault arrest and conviction was granted in part and denied in part. The defendant was found guilty of assaulting a person with severe physical disabilities, and he was sentenced to time in prison accordingly. On appeal,…
Earlier this month, a state appellate court issued a written opinion in a New York assault case discussing the required elements of “assault in the first degree.” The case required the court to determine if the prosecution presented legally sufficient evidence to sustain the conviction. The court ultimately held that…
When the government brings criminal charges against a defendant, that person may have one or more defenses against the crimes charged. In the case of a New York assault crime or assault related charges, one of the most common defenses is self-defense which in New York is the defense of…