Legal Question in Criminal Law in New York

Re: what is the outcome?

New York Penal Law Section 120.10 classifies Assault in the First Degree as a Class B Felony. The minimum sentence for a Class B is 1 year. Additionally, the minimum can not be more than 1/3 of the maximum sentence. The maximum is 25 years. I know this all sounds confusing.

To better assess the sentence I'd need to know if he had a prior record. Additionally, the time someone is sentenced to is ususally not the actual time they serve (which is considerably less).

Has a grand jury indicted him yet for Assault 1st degree, or is it still in Criminal Court (after an indictment the case will go to Supreme Court, even though the case may remain in the same building).

Feel free to call me anytime if you want to discuss the case in more detail. There are many factors to consider, inckuding whether your friend had his own weapon or whether there was a struggle over the box cutter and that is how the other person was stabbed, etc... You can reach me at 646-209-8213.

Good Luck,

Steven Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Re: what is the outcome?

This is terrible!. Your friend needs a good witness and a spirited defense. Regarding your question, this is a serious felony for which your friend, if unlucky, might very well be incarcerated. How many years he will be sentenced to is a function 0of what kind of 'witness'in court the victim is, his previous experience with the criminal justice system, and his current living conditions. Then, he is unlikely to serve the complete term if he qualifies for parole. You are welcome to a consultation at my offices for no fee at 42 West 44th St, NY,NY. Please call for an apointment first - (646) 591-5786

Re: what is the outcome?

The charges you have detailed are a felony which carries potential jail time of more than one year actually significantly more. I would suggest retaining a very capable attorney who specializes in criminal defense. There is a possibility of a legal defense in this case of self defense ,which I as a criminal defense attorney would explore. If you would like to set up a consultation you may call my office @718-834-0087 I would suggest as soon as possible.