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attempted assault

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morda808

Junior Member
What is the name of your state? NY

just trying to find out some information to educate myself. i was arrested after a night of drinking way too much, and i apparently punched someone. I was charged with a misdemeanor attempted assault and kept overnight in jail.

I can't seem to find any specific information about this.

I have no prior record, nothing worse than getting caught driving with a suspended license, which was a few years ago.

This happened in Manhattan, just curious about what this might mean for me, can they plea it down? I know I need to get a lawyer, just trying to educate myself with the basics while I find one.

does the person or the witnesses need to appear/cooperate with the DA for them to do anything?

thanks
 


morda808

Junior Member
no my license was suspended because of an unpaid speeding ticket. I wasn't drunk, got stopped for running a stop sign. I have no DWIs or anything like that. this was the first time i had ever been arrested
 

oldntired

Junior Member
morda808 said:
What is the name of your state? NY

just trying to find out some information to educate myself. i was arrested after a night of drinking way too much, and i apparently punched someone. I was charged with a misdemeanor attempted assault and kept overnight in jail.

I can't seem to find any specific information about this.

I have no prior record, nothing worse than getting caught driving with a suspended license, which was a few years ago.

This happened in Manhattan, just curious about what this might mean for me, can they plea it down? I know I need to get a lawyer, just trying to educate myself with the basics while I find one.

does the person or the witnesses need to appear/cooperate with the DA for them to do anything?

thanks
Busy city. He / she will need to appear. "Attempted" could be making a mean face. Call the County, ask the Fine amount for the Charge. It "will" have one assigned because no physical damage accured. Pay it.

STOP DRINKING. ;)
 
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morda808

Junior Member
No i definitely hit the guy, but he wasn't hurt. There is serious doubt that he will appear in court. I'm waiting for more specific information from the court appointed attorney who represented me at the arraignment, so at least i have some information to tell the lawyer. After spending 16 hours in jail, the arraignment was about 1 minute and they just let me go and told me to come back. The whole thing is a blur.

thanks for the reply.
 

morda808

Junior Member
I finally got a copy of the complaint, it's attempted assault in the third degree and harrassment in the second degree. does anyone know the typical punishment for something like this for someone with no prior record. Is it a fine? will i get probation or something like that? and if the guy doesn't show up, can they still prosecute me?

Again it's NYC.

thanks
 

oldntired

Junior Member
Well............if you go with the public defender, he'll get it knocked down if that's what you choose. Attempted and you touched him?
Public defenders stink. They have no financial gain to battle your small case. In the City, you charge is a petty deal. Any lawyer with a heartbeat should be able to have one charge dropped and plead GUILTY to a reduced charge of peace disturbance.
Your now in the system, make it work for you and it takes time. They have to prove this. I doubt the fellow will show up to say a Woman hit him.
Don't be thinking in the city that the PD will be calling you on such a minor charge(s). Better stay with him/her on the phone and find out what the PA will offer.....if you want to plead guilty. He will say to plead it down to lessen both sides case loads. Now if you stand fast to your not guilty plea, the guy will not show......but, looks like the City brought these charges upon you. Either way if you stand innocent, after 2 witness / prosecution no shows, it's dismissed. They get to keep your Prints.
Remember this will take a period of time to work through the back logged case loads. Now that you're out, time is on your side. The PA won't want to touch it other than to get rid of it off his desk.
But if you really want to plead them out, say you'll accept one combined charge of disorderly conduct or peace disturbance as the most, which ever is the lesser. If you do.................MAKE the PD have the deal where you only pay a fine and plead out only to the 2 options I mentioned. Stand fast and innocent and you'll walk away.
Not to be offensive but you must be very young. This will settle out in its' own time and you will not hurry it up, it's NYC. Time is now on your side.
These are glorified parking tickets that all involved know where it will go---nowhere. Out on PR, you're not a trouble maker. Your PD will deal with or without you, be sure to stay in close contact every week. Make sure it's (the deal) with your prior knowledge and consent. Good wake up call but you're way too worried. I'd say if you paid $250.00 - $500.00 on a lawyer, it's a guaranteed walk.
That's the reality and severity of your troubles IMO. You're thinking the worst and they're not even thinking of you. Relax....... I'd pay the $250.00 and walk. The fine, aggravation, court appearances and Court Costs which you will eat/pay, might add up to the fee an Attorney would charge.

"" finally got a copy of the complaint, it's attempted assault in the third degree and harassment in the second degree. does anyone know the typical punishment for something like this for someone with no prior record. Is it a fine? will i get probation or something like that? and if the guy doesn't show up, can they still prosecute me?"

Again it's NYC.

YES a Fine and Court Costs if you plead Guilty to " 1 " lesser and minor charge. Punishment? Normally they behead second offenders, so you're in luck. The judge may set fine or most probably the infraction(s) have a Fine Code. CALL them and ask~! Probation? NO; it's not that serious. Can they? Sure. It says the State of NY or City of vs you. That's who's prosecuting, the rest are witnesses. Will they........only if you allow them to.


Hope this helps some more? Read the first part again. This sounds text book fine at very most. :) :) :) :)
 

Happy Trails

Senior Member
morda808 said:
I finally got a copy of the complaint, it's attempted assault in the third degree and harrassment in the second degree. does anyone know the typical punishment for something like this for someone with no prior record. Is it a fine? will i get probation or something like that? and if the guy doesn't show up, can they still prosecute me?

Again it's NYC.

thanks
S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.

S 110.05 Attempt to commit a crime; punishment.
An attempt to commit a crime is a:
Class B misdemeanor when the crime attempted is a misdemeanor
.

Class B misdemeanor--A sentence of imprisonment for a class B misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed three months.

Class B misdemeanor--A sentence to pay a fine for a class B misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding five hundred dollars.

..............

S 240.26 Harassment in the second degree.
A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended.
Harassment in the second degree is a violation.

Violation--A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed by the court, not exceeding two hundred fifty dollars.

Violation--A sentence of imprisonment for a violation shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed fifteen days. In the case of a violation defined outside this chapter, if the sentence is expressly specified in the law or ordinance that defines the offense and consists solely of a fine, no term of imprisonment shall be imposed.
 
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oldntired

Junior Member
120.00 Assault in the third degree.

"finally got a copy of the complaint, it's attempted assault in the third degree"

"Attempted" Assault; wouldn't it be a totally different S having no bearing here ? To save her from asking. :)
 

Happy Trails

Senior Member
oldntired said:
120.00 Assault in the third degree.

"finally got a copy of the complaint, it's attempted assault in the third degree"

"Attempted" Assault; wouldn't it be a totally different S having no bearing here ? To save her from asking. :)
Thank you for calling that to my attention. It would still be the same statute, however it is not a Class A misdemeanor; it then becomes a Class B misdemeanor, because it was an attempt. ;)

I did revise my initial post.
 

morda808

Junior Member
ok thanks for all the replies. and when i got the complaint, i looked up the codes on the assembly website. one thing though, is that i'm not a woman, and i'm not young. i'm 28 and this was the first time i was ever arrested. I don't qualify for legal aid because i make too much money. the public defender said she could only represent me at the arraignment and the judge told me i had to get a lawyer.

also, can you just clarify those abbrevs? PR and PA (I'm assuming PD is public defender)

Thanks for the piece of mind, if I have to pay a fine, that's perfectly ok.

So basically, the cost to me will be similar any way i do this. I just want this to get settled quickly. I'm not a criminal, but I guess I don't really want a misdemeanor on my record.

thanks again.
 

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