Legal Question in Criminal Law in New York

Domestic Dispute

I need to know what type of Injury has to be inflicted upon a person to be charged with Assault 1 misdemeanor. Also, If the case has been going on for 5 months can the charge be elevated to a felony.


Asked on 8/11/03, 4:29 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Domestic Dispute

I need more specific information in order to be able to answer the question properly. If you would like you may call my office @718-834-0087 to discuss the matter further.

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Answered on 8/12/03, 1:16 pm

Re: Domestic Dispute

Assault in the First Degree is a felony. Generally, it requires serious physical injury. This depends on how the assault was committed or if it was committed while in the course of another felony.

If the case is a misdemeanor, it requires physical injury. The DA can raise the case to a felony prior to disposition in criminal court. The questions you should be asked of your current attorney. If you are not happy with your attorney, you may call me for a consulation at 212-622-7180

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Answered on 8/11/03, 5:45 pm


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