The New York Criminal Law Blog

Battery and Assault in New York

Assault and battery often go together, as the charge of battery usually includes an assault charge. The crime of battery often occurs when one person physically hits another but also can include any unwanted touching of another, such as groping or simply touching. Assault occurs when one person threatens to commit battery on another person, which can include everything from brandishing a weapon to raising one’s hand in a threatening way. Assault and battery also may be claimed in civil lawsuits; which are separate from the criminal court system.

While New Yorkers may be tough enough to handle a little attitude, anyone who has been assaulted and/or battered should contact local law enforcement immediately and report the incident. Likewise, individuals charged with assault or battery may benefit from the expertise of a New York criminal defense attorney.


Recently in Battery / Assault Category

Rikers Island Fight Club Gets 3rd Prison Guard

| No TrackBacks

This may have made a better movie. A third prison guard was convicted of operating a fight club at Rikers Island. Unlike the movie Fight Club, in which bored, everyday people participated in voluntary beatings of each other, this fight club involved inmates beating on other inmates who had no desire to fight.

Denise Albright, 45, was sentenced to one year in jail for the assault of Christopher Robinson that led to his death. Apparently Robinson, an 18-year-old inmate, was considered a troublemaker in jail, and prison guards allowed inmates to beat him up in exchange for more favorable treatment by the guards.

Kid Gets Probation for Throwing Shopping Cart on Woman

| No TrackBacks

When boys behave badly, parents often excuse their behavior by saying "boys will be boys." While it may be okay for parents to say this, is it appropriate for the court to adopt the same forgiving stance especially when the boys at issue caused brain damage to a victim?

In October, 12-year-old Raymond Hernandez and 13-year-old Jiovanni Rosario were goofing off in a multi-story parking lot and caused a catastrophic shopping cart accident. The two boys took goofing off too far, and decided to throw a shopping cart down four stories onto an unsuspecting woman, reports the New York Post.

Tribeca Office Robbery Leaves Worker with Broken Jaw

| No TrackBacks

This Tribeca office robbery isn't the typical worker injury case that a New York City workers' compensation lawyer hears. Usually, workers get injured by typing on their keyboards too long or having bad posture while sitting.

But for one 23-year-old office worker, worker's compensation injuries involve being attacked in the middle of the day by a knife-wielding thug and suffering a broken jaw, reports the New York Post.

Zach Tomaselli; Bernie Fine's Third Accuser Steps Forward

| No TrackBacks

Bernie Fine’s third accuser has stepped forward claiming that the Syracuse assistant basketball coach molested him as a teen in 2002. In an interesting twist, the accuser, Zach Tomaselli, is himself facing criminal sexual assault charges of a minor and those closest to him cast doubt on his story.

Bernie Fine has been accused by two step-brothers -- Bobby Davis and Mike Lang -- who say that Fine sexually abused them when they worked as ball boys in the early 1980s. The newest allegations by the now 23-year-old Tomaselli would have occurred almost 20 years later.

New York terrorism averted. Jose Pimental reportedly hated America. So much so that he allegedly plotted to kill NYPD cops and soldiers returning home before being caught over the weekend.

The man called a "lone wolf" was arrested Saturday afternoon only an hour away from finishing a powerful pipe bomb, reports the New York Daily News. Apparently, Pimental was caught while working at a Harlem apartment of a police informant, and was making the bomb through a recipe titled "Open Source Jihad: Make a Bomb in the Kitchen of your Mom."

Bernie Fine Sex Abuse; Another Sandusky?

| No TrackBacks

What is going on in this world? Another major university and sports program is now being investigated in connection with a child abuse sex scandal that could involve multiple victims.

Bernie Fine, the long-time Syracuse University assistant basketball coach under Jim Boeheim, is being investigated by Syracuse police for sexual molestation. The Bernie Fine sex abuse scandal could involve several victims.

No Good Samaritan for Good Samaritan in NY Subway Attack

| No TrackBacks

Daniel Endara came to the defense of a woman being harassed on the L-train in Brooklyn. He got a beating for his good intentions while laughing passengers filmed the New York subway attack.

For their actions, the thugs committing the assault likely face criminal charges. Unfortunately, the laughing bystanders probably won’t be punished.

A protestor wants criminal charges against the NYPD for an alleged Occupy Wall Street assault by the NYPD. Prosecutors are looking into it.

Kaylee Dedrick is a 24-year-old teacher's aide from Manhattan, reports the New York Post. The young woman decided to engage in her civil rights by protesting Wall Street corruption and greed during the Occupy Wall Street Protest.

Self-Defense in McDonald's Assault?

| No TrackBacks

If you just saw the last 30 seconds of the videotaped McDonald’s assault, you’d think the assailant deserves the most severe criminal penalties.

The male McDonald’s cashier is shown repeatedly beating two women customers with a metal rod as witnesses begged him to stop. The assailant, 31-year-old Rayon McIntosh, beat the women at least ten times while his victims were clearly defenseless. Both women were hospitalized with serious injuries. One had a fractured skull and broken arm, while the other suffered deep lacerations, reports CNN.

Long Island Home Invasion, 4 Arrests

| No TrackBacks

Just as Dr. William Petit testified for the 2007 Connecticut home invasion that led to the rape and murder of his wife and two daughters, a Long Island home invasion occurred that was thankfully thwarted before things got really ugly.

In 2007, Steven Hayes and Joshua Komisarjevsky broke into the wealthy suburban home of Dr. Petit. They struck Petit with a baseball bat as he slept and bound him in the home’s basement, reports the Los Angeles Times. The two men then raped and murdered Petit’s two daughters and wife. Hayes was convicted of the crimes and sentenced to death. Komisarjevsky is currently on trial and also faces the death penalty.