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NY Prosecutor Escapes Jail Time after Brutal Assault

The crime of assault has serious legal consequences — unless, of course, you’re a prosecutor. After an assistant district attorney (ADA) out of Brooklyn was stumbling, disoriented and intoxicated on the roadway of the Brooklyn Bridge, emergency medical services came to his aid. But once inside the ambulance, the ADA attacked the emergency medical technician. He struck her, held her down and choked her. The ADA was initially charged with second-degree assault, which is a felony. But the prosecutor downgraded the charge to misdemeanor reckless assault. According to the prosecutor on the case, the ADA was so intoxicated that he could not form the required criminal intent, and thus he was not “criminally responsible for committing this crime.” Instead of jail time, the ADA was sentenced to 10 days of community service.

When a physical altercation occurs, one or more parties may be charged with the crime of assault. Under New York law, assault in the third degree is a Class A misdemeanor. Third-degree assault can take the following forms:

  • An act which is intended to cause injury, and does in fact cause injury to the intended party or a third person
  • A reckless action which causes injury to another person
  • Criminal negligence which causes injury to another person due to a deadly weapon or dangerous instrument

However, assault can also be charged in a higher degree. For example, the assault of an emergency medical technician while administering first aid in the course of duty can be charged as second-degree assault. This is classified as a class D felony, punishable by up to seven years imprisonment for a first-time offender.

If you’re facing criminal charges, you are unlikely to have a friend in the prosecutor’s office. You’ll need the help of an experienced NYC assault and battery defense attorney. At the Law Offices of Tacopina & Seigel, our legal team can provide the aggressive representation that you deserve.

 

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