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

The Knockout Game: Fact or Fiction?

Is the Knockout Game real? After several reports of various attacks possibly being a part of an organized "game" online where teenagers randomly assaulted innocent victims, New York police officials still remain somewhat skeptical, The New York Times reports. However, they are also hesitant to rule out the possibility.

"The Knockout Game" is a theory that young assailants, singling out specific racial groups or minorities like those in Jewish community and women, are randomly targeting those victims in the street and then attempting to knock them out with just one punch.

Is this a real phenomenon or are the reported attacks all unrelated?

NYC Schools Safer, But Student Crime Still a Concern

According to data obtained by the New York Civil Liberties Union, NYC school crime is down. The data shows that, from June 2012 to July 2013, school safety agents made 579 arrests in city schools, which is a hefty 34% drop from the previous year, reports the New York Daily News.

However, just because crime is decreasing in NYC schools doesn't mean students should let their guards down. Here are some common crimes students may want to watch out for at school:

Cookie Monster Assaults, Endangers Toddler in Times Square?

The Cookie Monsters and Elmos in Times Square might be fuzzy, but they are definitely not warm. A Cookie Monster performer from Queens was arrested on Sunday for allegedly pushing a toddler and shouting obscenities at his mother over a tip dispute. Not too long ago, a man dressed as Elmo from "Sesame Street" was arrested for hurling anti-Semitic slurs at tourists, USA Today reports.

The fuzzy entrepreneurs try to make a few bucks by posing for photos with tourists. But sometimes, the green and blue frienemies try to score green by assaulting and endangering children.

3 Ways Love Can Lead to Jail Time

Love can be a roller coaster. But it can also lead to some serious legal trouble.

In some cases, it can make a person become so overwhelmed with emotion that he or she could be charged with a crime. Just ask former tennis star Jennifer Capriati, who has been charged with battery and stalking. She's not in jail, but she will be appearing in a Florida court to answer for the alleged acts against her ex-boyfriend.

Here are three ways that love can potentially become criminal:

The Difference Between Assault and Forcible Touching in N.Y.

Where does New York draw the line between simple assault and a sex crime?

Or, to phrase it a different way, when does touching become a sexual offense?

In New York, forcible touching is a Class A misdemeanor. If convicted, the offender would have to register as a sex offender.

Who Are the Men Behind the Masks? Super Mario Gropes Woman

Their presence is enjoyed by tourists and children alike. For kids, they’d love to believe that their favorite characters from television and video games were real. They’d love even more to get a photo with their heroes.

But who are the men underneath the costumes? Damon Torres, 34, was dressed as Super Mario, of Nintendo fame. He is one of many Marios, Luigis, Elmos, and other costumed characters that troll the sidewalks of touristy areas and accept tips in exchange for photos, usually with excited children.

Another Case of Illegal Butt Injections Leads to Infection, Charges

The psychological concept of narcissism, which boils down to unhealthy vanity and self-love, comes from a Greek mythological figure, Narcissus, who fell so madly in love with his own reflection on the surface of a river that he died, either from suicide or a broken, self-loving heart.

Is narcissism to blame for the rash of illegal butt injections? Vanity? Societal pressures? Whatever the reason, women and transgender individuals without the means to procure cosmetic enhancement procedures in legal, clean, and safe environments are turning more and more towards shady figures that provide the procedures needed for far less than a licensed physician.

Unfortunately, this also seems to be leading to more plastic surgery horror stories.

Central Park Rape Suspect Arrested in Attack on Woman, 73

She is an avid bird watcher and regular visitor to the Strawberry Fields area in Central Park. She refers to it as "my park." She was bird watching the first time she came across her alleged attacker, 42-year-old David Albert Mitchell. She caught him masturbating in the park. She snapped a photo of him. He immediately threatened her and tried to seize her camera. She escaped unharmed.

A week later, the 73-year-old Upper West Side resident was again bird watching when Mitchell approached her and asked if she remembered him. He then allegedly raped her and slammed her face into the ground multiple times. In addition to the trauma, scrapes, and bruises, she also suffered a broken eye socket. Hours later, she told the New York Post:

'Popeye' Slits Two Kids' Throats While High on PCP and Weed

In an attack reminiscent of the wave of "bath salt" attacks that occurred over this past summer, a man is now in custody after committing a horrific act while under the influence of illicit drugs. According to the Daily News, Osvaldo Rivera, 31, also known as Popeye, slit the throats of a six-year-old boy and his twelve-year-old sister while under the influence of marijuana laced with PCP. The younger child, Dominick Andujor, did not survive. His older sister, Amber Andujor, fled her attacker and summoned help.

The combination of drugs, known as "wet", can cause aggression and hallucinations, much like bath salts. Two weeks ago, a mother in Camden decapitated her two-year-old son and stabbed herself while under the influence of "wet".

Mama's Boy Bigot Faces Hate Crime for Alleged Fork Stabbing

Nicholas Melo, 34, was on his way to a job interview when he was pulled over. According to the New York Post, the police stopped him for making an illegal U-turn, talking on a cell phone while driving, and then discovered that his license was suspended.

It also turned out that he was wanted for a hate crime that he allegedly committed in November of last year. He tried to avoid the arrest by telling the officer that he was on the way to a job interview that his mom had set up. Instead, he was cuffed and brought in for a line-up that reportedly identified him as the attacker.