Legal Question in Criminal Law in New York

Domestic assult on a person with a physical disability

If you are married, and your spouse has a medical condition that any type of hit to the head could seriously harm or kill (person has had multiple brain tumor operations, and has a part of her skull cut out in the back of her head), and the other spouse know's this, but attacks the spouse with the dissablity by throwing her into a wall, what kind of charges can be brought on agaisnt the attacker since the attacker knows that if she hits her head it could easily kill her??


Asked on 10/31/03, 8:05 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Domestic assult on a person with a physical disability

The law is: 'you take your victim or plaintiff as you find him/her'.

Knowledge that an action will produce a particular result makes that result 'foreseeable'.

The answer is: attempted murder. This is the same answer you will get from any legal professional.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 10/31/03, 11:48 am


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