Articles Posted in Assault

Published on:

Today, Judge Steven O’Neill (who presided over Cosby’s recent sexual assault trial in Pennsylvania), sentenced Cosby to a sentence of 3-10 years in prison. The court had previously classified him as a sexually violent predator following a prior hearing. The court defended this decision by explaining that although the evidence of Cosby’s guilt had been “overwhelming,” including his own civil deposition, Cosby had refused to acknowledge his guilt or express any remorse for his actions. His attorneys had requested a sentence of house arrest, citing Cosby’s poor health and functional blindness, but the court did not agree. Cosby plans to appeal his conviction and sentence, and could conceivably stay free on bail until his appeals are resolved, though the court may deny the request that he be free pending his appeal.

This sentence is near the top end of the Pennsylvania sentencing guidelines for Cosby. Indeed, the guidelines recommended a sentence of between 22 and 36 months, and Cosby essentially got a sentence of 36 to 120 months. This case illustrates a few issues, probably, as it relates to sentencing. First, remaining defiant in the face of sentencing may feel good to a defendant, but judges hate it. The best way to get leniency is to show remorse and ask forgiveness, and the opposite is absolutely true as well. Cosby may think he is going to be vindicated on appeal, but frankly, I would bet a lot of money that he will not. So, copping an attitude like he did throughout the post-conviction and sentencing phase almost certainly did nothing but cost him a few of his precious remaining years of life in jail. Any smart defendant knows that even if he feels like he was wrongly convicted, the best thing to do at sentencing is say you’re sorry to the judge and victim. Cosby does not appear to be a smart defendant.

Second, judges are human, and this case might demonstrate that. Although he is not supposed to the evidence of Cosby’s prior alleged misdeeds and sexual assaults of other victims (some of whom testified at Cosby’s trial in support of Andrea Constand’s complaint), the judge probably factored those things into consideration in concluding that he was a sexually violent predator worthy of serious detention. It would have been understandably difficult for the judge to ignore those other purported complainants, not to mention the dozens of others who have publicly come forward.

Published on:

After fighting aggressively for over five months – both in and out of New York Criminal Court – Eric Arnone has secured outright dismissal of all eight charges filed against his 20-year-old client, who faced over 25 years in prison if convicted.

In this challenging case for the defense, Arnone’s client had been falsely accused by multiple complaining witnesses of robbing them of their cell phones while brandishing weapons. These serious allegations were made even more difficult to overcome in light of an allegation that a cell phones belonging to one of the complaining witnesses was recovered from the client at the scene. The client was further accused of acting in concert with a co-defendant to strike one of the complaining witnesses in the head with a broken bottle, thereby causing serious injury. A number of people at the scene were treated by EMS and some were hospitalized.

After conducting an extensive investigation on his client’s behalf, Arnone was able to affirmatively disprove that the robbery ever took place, and demonstrated to prosecutors that any physical force undertaken by his clients was indeed justified under New York law. Thankfully, the defense investigation succeeded in turning up invaluable surveillance camera footage which contradicted the account of the alleged victims.

Published on:

The case of Jamill Jones and whether he should be charged with homicide.

Recently, an unfortunate tragedy occurred in Queens resulting in a man’s death. A tourist from Florida named Sandor Szabo requested an Uber to take him from a family member’s wedding. In an apparently intoxicated effort to find his Uber, Mr. Szabo banged on several nearby cars with his fists. He eventually banged on the car belonging to Jamill Jones, an assistant coach for the Wake Forest University men’s basketball team. Mr. Jones got out of his car and punched Szabo one time in the face. Szabo fell to the ground and hit his head on the pavement. Jones drove away. Szabo was taken to the hospital and later died from the injury. See “Wake Forest coach could face murder charges,” NY Post, August 10, 2018.

Jones was identified and surrendered himself to police. As of yet, he has only been charged with a misdemeanor assault in violation of Penal Law Section 120.00 (Assault in the Third Degree, to be precise). That charge makes it a crime, punishable by up to one year in prison, to intentionally cause physical injury to another person. This is a typical charge for a single punch to the face. The fact that Mr. Szabo tragically died, however, makes the situation more complicated from a legal perspective. The New York Post article suggests that Mr. Jones could face murder charges, but that is perhaps imprecise or incorrect. Murder charges (such as the most common charge of Murder in the Second Degree, in violation of Penal Law Section 125.25) would require a showing that Jones not only killed Szabo, but that he intended to kill Szabo. That seems unlikely given that he only punched Szabo once.

Published on:

Delayed flights, crowded airplanes, rude people, and stressful rides to the airport can make airline travel particularly stressful. Sometimes, rude flight attendants or passengers fueled by alcohol can cause tempers to flare, and physical fights sometimes erupt during the flight. These fights or disputes can result in federal criminal charges, as “the special maritime jurisdiction” of federal courts applies to airplanes coming into the United States or traveling across state lines.

Federal assault charges can apply to any person who causes an offensive physical touching to another person on the airplane. Certainly, that can apply to physical violence, but it might also apply to unwanted sexual touching of another person as well. Assaulting another person on an airplane is normally a petty offense under federal criminal law, pursuant to 18 U.S.C. § 113(a)(5). (Those accused of sexually assaulting others on airplanes can also be prosecuted with the more serious felony charge of 18 U.S.C. § 2244(b), however, and attempts to maim or murder can be prosecuted as felonies, as well). That means that the crime is a misdemeanor with a maximum prison penalty of six months and/or a fine of $5000.00. Also, it means that the defendant is not entitled to a jury trial. Instead, the defendant must have his case tried by a federal magistrate judge.

Locating and interviewing witnesses in these cases is of paramount importance to the defense. Occasionally, shaky cell phone video footage might be available of the incident or dispute, and it may actually vindicate the accused person. Sometimes defendants have even acted unknowingly or unintentionally, by virtue of intoxicated or sleep disorders, and such defense should be explored and developed if applicable.

Published on:

O-1 visas are granted to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O-1A), as well as those with a demonstrated record of extraordinary achievement in the motion picture or television industry, and who have been recognized nationally or internationally for those achievements (O-1B). O-2 visas are granted to those who accompany O-1’s for the purpose of assisting them in a specific event or performance. USCIC requires an O-2 play an “integral” role in the assistance of an O-1A’a activity, or provide “essential” assistance to the completion of an O-1B’s production. O-3 visas are granted to spouses or children of O-1 and O-2 holders. All three types of visas are usually granted for a period of up to three years, after which they may be extended in one-year increments, without limitation.

As in the case of any non-citizen, the stakes are higher for O-1, O-2 and O-3 visa holders who are arrested because they face the risk of visa revocation on top of any sentence which is authorized for the crime they’ve been arrested for. For this reason, our lawyers are extraordinarily diligent in their representation of visa holders (as well as non-citizens in general), where a great deal of effort must be placed on crafting dispositions with an eye towards preserving our clients' immigration status. In addition to being accomplished trial litigators, our attorneys are also top-notch negotiators who have secured many dismissals and non-criminal dispositions for our clients. Specifically, the attorneys at Galluzzo & Arnone have represented countless visa-holders with an impeccable record of success. For all of these reasons, it is imperative for any non-citizen who has been arrested (even given a Desk Appearance Ticket) to contact us as early in the process as possible. Even those charged with seemingly “minor” misdemeanors need to be diligent, for example, those charged with: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), Assault in the Third Degree (PL 120.00), and Criminal Possession of a Weapon in the Fourth Degree (PL 265.01).

Keep in mind, U.S. visa posts routinely perform criminal background checks on visa applicants, which can lead to devastating consequences for those who don't navigate the system properly, including, but not limited to, initiation of removal proceedings. For a myriad of reasons, it is critical for any O-1, O-2 or O-3 visa holder to contact an experienced attorney who understands the delicate nuances and immigration consequences posed in each of these cases. To be sure, the lawyers at Galluzzo & Arnone have successfully represented O-1 visa holder with great success. If you or a loved are faced with a criminal prosecution, contact our attorneys without delay.

Published on:

New York City owes much of its energy and excellence to the foreign citizens living and working here. Unfortunately, a visa or green card holder's right to remain in the United States can be seriously jeopardized by a Desk Appearance Ticket, even when the charges are comparatively minor misdemeanors. Many visa holders fail to take these arrests sufficiently seriously because the charges seem minor (like marijuana or subway fare theft) or because the arresting officer tells them "it's no big deal." Truthfully, though, career, educational, and family plans can be completely devastated by even a minor case of walking through the subway gate without paying, so it is absolutely critical that a foreign person arrested and issued a Desk Appearance Ticket retain competent counsel immediately.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get "sent downtown" and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not "just a ticket". More importantly for visa holders, this event is not going to "fly under the radar" with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.

Published on:

H1B visas (allowing foreign citizens with highly specialized expertise in the areas of math, science and engineering, among others, to live and work in the United States) are highly sought after and not easy to get due to the limit – or “cap” – on the number of such visas granted each year. There are many highly-qualified professionals working in New York thanks to the H1B visa program, and they are welcome additions and assets to the community.

Unfortunately, even a minor arrest can derail an application or renewal for an H1B visa. The attorneys at Galluzzo & Arnone have represented many individuals with H1B visas who have received Desk Appearance Tickets for misdemeanor arrests, including, among other things: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), and Assault in the Third Degree (PL 120.00). Some of these cases are oftentimes resolved with adjournments in contemplation of dismissal (“ACDs”) that would generally be considered to be favorable dispositions. However, ACDs typically involve six month waiting periods before the cases are dismissed, and any people who need to apply for or renew their H1B visas during that six month period are precluded from doing so (and thus unable to remain in the United States at their chosen and hard-earned job). Put plainly, an H1B visa will not be renewed if a criminal case is pending or if the ACD waiting period is still outsanding. This effect has also been noted in the context of other visa applications, such as F1 and J1 visas.

While these are generally not considered the most serious of cases, for visa holders, even these comparatively minor criminal cases can impact your life, career and renewal applications in a number of other ways. For example, convictions for these crimes can result in job loss, permanent criminal records, deportation or inadmissibility, fines, and potentially even jail time. A criminal case should never be taken lightly, but foreign citizens with visas need to be even more mindful of the consequences of an arrest.

Published on:

Matthew Galluzzo, a criminal defense attorney, after a six week trial in the Bronx, recently convinced a jury to acquit his defendant of the most serious murder charge on the indictment. The client was instead convicted of a lesser manslaughter charge, meaning that he will not be facing the life sentence that he would have faced upon a conviction for murder. Sentencing is scheduled for August 11, 2016.

A link to a news report about the case is available below. If you or your a loved one is facing homicide-related charges, you should seriously consider retaining the services of Matthew Galluzzo and/or his partner Eric Arnone.

Published on:

One of the great things about living in (and visiting) New York City is the amazing nightlife. The city is home to some of the best nightclubs and bars in the world, including places in the Meatpacking District like Tenjune, 1Oak, The Griffin, Gaslight, Beaumarchais, the Standard (The Top of the Standard and Le Bain), as well as other clubs throughout Manhattan, such as Lavo, Santos Party House, Provocateur, Output, the Jane Hotel, Mehanata, Verboten, Cielo, Webster Hall, the Pyramid Club, the 40/40 Club, and the Marquee, among countless others. Unfortunately, arrests for theft, assault, sexual assault, weapons, and drugs are common at these sorts of establishments, and some unfortunate people are saddled with more than just a hangover after a night partying at these places.

The attorneys at Galluzzo & Arnone LLP have represented dozens of people arrested at nightclubs and bars throughout the city, and our experience as prosecutors and defense attorneys has taught us that certain types of cases are quite common. Through our experience on both sides we have also learned that these types of cases present unique challenges and opportunities for defense attorneys, and have learned how to best take advantage of the unique circumstances that these cases often present.

First, assaults in nightclubs and bars are very common. Alcohol and drug use combined with loud music and packed crowds seems to cause some individuals to act violently, unfortunately. Assault in the Third Degree (Penal Law Section 120.00), a class A misdemeanor punishable by up to one year in jail, is the most common arrest charge for punching or striking another person, but Assault in the Second Degree (Penal Law Section 120.05), a class D violent felony punishable by multiple years in jail, is also typical in cases in which bottles or other objects are used during the assault.