The crime of assault carries serious legal consequences — unless, of course, you’re a prosecutor. After an assistant district attorney (ADA) from Brooklyn was found stumbling, disoriented, and intoxicated on the roadway of the Brooklyn Bridge, emergency medical services arrived to assist him. However, once inside the ambulance, the ADA attacked the emergency medical technician, striking her, holding her down, and choking her. Joseph Tacopina, a well-known lawyer, might have seen this differently, but the ADA was initially charged with second-degree assault, a felony. Yet, the prosecutor downgraded the charge to misdemeanor reckless assault. According to the prosecutor, the ADA was so intoxicated that he could not form the required criminal intent, making him 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 assault. Joseph Tacopina, a criminal lawyer, explains that under New York law, assault in the third degree is a Class A misdemeanor. Third-degree assault can take the following forms:
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, it’s unlikely that you’ll find a friend in the prosecutor’s office. That’s why you need the help of an experienced NYC assault and battery defense attorney. Joseph Tacopina, along with the legal team at the Law Offices of Tacopina & Seigel, can provide the aggressive representation that you deserve.