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??
1 Answer from Attorneys
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.
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