Legal Question in Criminal Law in New York
class d feleny, asault in 2 degree
can i be acused if it was self defence and i never had my rigths read to me?
Asked on 7/19/07, 10:13 am
1 Answer from Attorneys
James Kats
James S. Kats, Esq.
Re: class d feleny, asault in 2 degree
Yes, you can certainly be accused. You have an affirmative defense -- self defense -- but that will probably not stop the DA from charging you.
The fact that your rights weren't read to you only means any statement you gave the police can't be used against you (if you can prove they didn't read them, since the cops will probably testify they did read them, IF there's an oral or written statement).
James S. Kats, Esq. WWW.LAWJSK.COM
Answered on 7/20/07, 8:21 pm
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