Charged with 2nd degree threat to do bodily harm.

[angelamarie213]

My father lied to cops and told them that I threw a spatula at him and said that I was going to kill him. I received a summons to appear in court and the compaint was for 2nd degree threat to do bodily harm. I am in NY what is the likelihood that I could be sentenced to jail time?

 

[quincy]

My father lied to cops and told them that I threw a spatula at him and said that I was going to kill him. I received a summons to appear in court and the compaint was for 2nd degree threat to do bodily harm. I am in NY what is the likelihood that I could be sentenced to jail time?

How old are you?

Do you have a lawyer?

 

[CdwJava]

Without knowing the evidence against you, no one can say. What you need to do is engage an attorney first thing in the morning. An attorney can obtain a copy of any police reports and seek evidence through discovery. From there, your attorney can come up with a defense strategy.

 

[angelamarie213]

How old are you?

Do you have a lawyer?

I have a lawyer but he told me that I could get 30 days in jail. I am 25 what does my age have to do with anything?

 

[angelamarie213]

Without knowing the evidence against you, no one can say. What you need to do is engage an attorney first thing in the morning. An attorney can obtain a copy of any police reports and seek evidence through discovery. From there, your attorney can come up with a defense strategy.

There is no evidence other than a police report filed by a drunk man.

 

[angelamarie213]

Without knowing the evidence against you, no one can say. What you need to do is engage an attorney first thing in the morning. An attorney can obtain a copy of any police reports and seek evidence through discovery. From there, your attorney can come up with a defense strategy.

Thank you for your input I really appreciate it.

 

[CdwJava]

I have a lawyer but he told me that I could get 30 days in jail. I am 25 what does my age have to do with anything?

If you were a juvenile, that would change the dynamic of the proceedings.

If the attorney told you that you could get 30 days in jail, then it is very likely that he is right. He would know more about the situation than we would so he should have a much better feel for what could realistically happen.

Until you go to court, you may not know if the DA even intends to pursue the matter. It could be that the DA will feel that a tale of conflicting statements is not worth pursuing ... or, they might believe dad over you. We cannot possibly know.

Keep in mind that if this is dad's home, you might want to find a new place to live because dad could evict you. And, if the two of you are not getting along, it's probably a good time to move out.

 

[quincy]

I have a lawyer but he told me that I could get 30 days in jail. I am 25 what does my age have to do with anything?

Age makes a difference in how crimes are sentenced.

Here is a link to the law, NY PC 240.30(4): https://www.nysenate.gov/legislation/laws/PEN/240.30

The offense is a Class A misdemeanor.

If you have an attorney, you should rely on his knowledge and advice.

Good luck.

 

[angelamarie213]

If you were a juvenile, that would change the dynamic of the proceedings.

If the attorney told you that you could get 30 days in jail, then it is very likely that he is right. He would know more about the situation than we would so he should have a much better feel for what could realistically happen.

Until you go to court, you may not know if the DA even intends to pursue the matter. It could be that the DA will feel that a tale of conflicting statements is not worth pursuing ... or, they might believe dad over you. We cannot possibly know.

Keep in mind that if this is dad's home, you might want to find a new place to live because dad could evict you. And, if the two of you are not getting along, it's probably a good time to move out.

I believe that he filed a police report to get me out of the house we were not getting along at the time of that incident. I also believe he had no other way of legally getting me out so he resorted to this. I am in the process of trying to get out but paying for a lawyer is delaying this.

 

[angelamarie213]

Age makes a difference in how crimes are sentenced.

Here is a link to the law, NY PC 240.30(4): https://www.nysenate.gov/legislation/laws/PEN/240.30

The offense is a Class A misdemeanor.

If you have an attorney, you should rely on his knowledge and advice.

Good luck.

Thank you I appreciate your advice and information above.

 

[CdwJava]

Why do you believe he has no other way to get you out of the house? He may be trying to do it the cheap and easy way, but, he can still evict you. And, if you are not getting along, the likelihood of future incidents occurring only increases as you remain.

 

[quincy]

Thank you I appreciate your advice and information above.

I think I provided you with a link to the wrong law. Here is another link (PC 120.14):
https://codes.findlaw.com/ny/penal-law/pen-sect-120-14.html

It is still a Class A misdemeanor subject to jail time of up to a year.

What is the section number cited on the summons?

 

[angelamarie213]

Why do you believe he has no other way to get you out of the house? He may be trying to do it the cheap and easy way, but, he can still evict you. And, if you are not getting along, the likelihood of future incidents occurring only increases as you remain.

I was told by an eviction attorney that the only way that he could get me out the fastest is if I was charged with a crime. He tried to work with 2 domestic abuse organizations to get me out stating I was committing elder abuse by having verbal fights. I don’t believe that anything came from contacting them so he resulted to this.

 

[CdwJava]

You do not have to be doing anything to get evicted. Unless you have a lease agreement with dad, there is a procedure he can use to evict you from his home. I'm not going to bother looking up the process, but don't think that you can stay in dad's home if he doesn't want you there and has the wherewithal to remove you. It might be FASTER to get you out after a criminal act, but, even if not charged, your days in that home are likely numbered.

Time to start looking elsewhere. You're 25, it's time to be out on your own.