Legal Question in Criminal Law in New York
Criminal Law in New York State
What is the legal distinction between ''murder of a person 11 years'' and ''act in manner to injure a child 17 years''. I realize ''murder'' and ''injure'' are two different things, but what does the age (in this case the victim was well under 11 years old, and therefore also under 17, so how is either of these statements, which appear in the indictment, erroneous?
1 Answer from Attorneys
Re: Criminal Law in New York State
They are not erroneous. They are separate counts charging separate crimes. One has an age limit of 11 or under the other 17 or under. If the child involved was 12, then the charged individual could not be guilty of the first count but could of the second. If the child was less than 11 the charged individual can be found guilty of both counts. As the two counts have other differences (such as intent to injure v. intent to kill)they are not duplicative counts.
If you want to speak to a lawyer about this, I handle cases of violent crimes and would speak with you. You may reach me through the information provided below.
Good Luck.
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