Articles Tagged with assault

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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.

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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.