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

Foxy Brown Gets into Fight With Manager Bernadette Brennan

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Foxy Brown was arrested about two weeks ago for violating a protective order and faces charges of public lewdness, harassment, and criminal contempt in connection with an incident in which she got into a dispute with her neighbor. Yet New York Daily News reports that this isn't the only legal trouble that the rapper could be facing.

After another fight broke out last week in a Manhattan apartment building, Foxy Brown could be facing even more criminal charges. It looks like a New York criminal defense attorney will have to come to her rescue if she wants to avoid jail.

Officer David London Acquitted of Assault

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The New York Times reports that Officer David London was acquitted by a Manhattan jury on Monday of second-degree assault, filing false records, falsifying business records and making a false written statement, which left New York community members with mixed feelings.

Officer David London had been accused of repeatedly striking an Iraq war veteran with his baton while the veteran was laying in the lobby of a housing project in Manhattan. The victim was identified as Walter Harvin, who had reportedly suffered from mental problems after returning from Iraq. The police officer was also accused of lying about the details of the confrontation between him and the victim.

Bad Butt Augmentation, Spa Owner Arrested

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Here's one for New York criminal defense lawyers-- a spa owner is being charged with assault and unlawful practice of medicine after she nearly killed a woman while giving her a butt implant.

The 27 year old woman, Barbara Nieto, was charged on Friday after customer Augusta Velez almost died of a life-threatening infection.

Manhattan Road Rage: Cyclist Rips Out Window of Limo

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Talk about road rage. An angry cyclist went berserk on a Manhattan limo driver for allegedly cutting him off. Now, the angry little cyclist is facing charges and a subsequent court date with his New York criminal defense lawyer.

The fuming bike messenger Perzeus Forte, 20, bounced onto the hood of the limo after the limo had clipped him. He began smashing the windshield with his fists.

But that's not the full story in this bizarre, sordid tale of Manhattan road rage.

When Cops Arrest Kids: NYPD's School Security Officers

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New York criminal defense attorneys are learning to represent a new type of criminal: schoolchildren.

And, no, I'm not talking about "criminal schoolchildren" in the Phoebe Prince sense of the word, where incessant bullying leads to suicide. Those children deserve to be penalized.

Rather, I'm talking about the good schoolchildren who get arrested by the poorly trained NYPD "School Security Officers". These children don't deserve to be treated like criminals. Yet, they are handcuffed and arrested.

Take the case of Alexa Gonzalez, for example. The pre-teen was arrested for doodling on her desk. She was slapped with handcuffs and hauled away to the police station.

Teens Charged in Phoebe Prince Suicide

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Nine Massachusetts students are facing charges in the suicide of Phoebe Prince. New York criminal defense attorneys are taking note, as the Massachusettes teens are preparing for a host of charges related to the suicide, ranging from statutory rape to criminal harassment and stalking.  Indeed, bullying is not just a Massachusetts problem-- it's a huge problem in New York, as well.  A 17 year old West Islip teen was found dead on March 21, and police are investigating the harrassing messages she received, prior to her death. 

Unfortunately for the Massachusetts teen, Phoebe Prince, the charges come too late. Prince committed suicide on January 14, when she walked into her apartment building and hung herself in a stairwell leading up to her second floor apartment.  

And even in death, she was tormented. Her haters wrote nasty comments on her Facebook memorial page.

V-Slasher Found, Arraigned

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Vindication will be had in the "'V' For Vendetta" case. Shantaya Lewis's attacker has finally been located and appeared in court earlier this week.

Carina Bernard, 18, of Bedford-Stuyvesant, has been arrested for allegedly slashing a "V" on the face of the Brooklyn teen. Bernard has a violent past according to authorities, and was arrested in Queens on Monday. 

Bernard's arraignment was earlier this week in Brooklyn Criminal Court, where she faced charges of assault, harassment, and menacing. An important distinction in New York is the nomenclature for the criminal acts against a person-- while the charge of physically touching someone with an intent to cause harm is known as "battery" in many states, it is the crime of "assault" in New York.  Similarly, the charge of "menacing" is what would commonly be known as "assault" in other states; where there is an apprehension of imminent harm. 

V for Vendetta: Bklyn Girl's Face Slashed With 'V'

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Shantayah Lewis will have a V-shaped scar on her face as a symbol of vendetta. Lewis, 17, and her cousin, Shakeena Grant,15, were walking on a street in Brooklyn when a car pulled up.

The two girls were stabbed and slashed by the attackers. Lewis was left with a large V-shaped scar on her face, in what was allegedly a symbol of revenge by the girl who is dating Grant's sister's ex-boyfriend. 

"She kept following us...She wanted to fight" Lewis told the NY Daily news. 

The attacker had allegedly been tailing the two teens earlier that day, trying to start an altercation. She vowed to return. And return she did, yielding a knife. 

NYC Grandpa Jailed for Assault on Another Elderly Man

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An elderly man is facing seven years in prison for allegedly assaulting another elderly man. The modus operandi, however, is even more peculiar than the criminal suspect. 

He assaulted the other man by giving him a good old-fashioned whipping. 

The suspect, 83-year old Gersh Gofman, allegedly whipped 99-year-old Steve Pulwers in a parking spot dispute on January 19. Gofman was parking in a spot below Pulwers' building, which incidentally also housed a doctor's office. Pulwers came outside and knocked on Gofman's window, telling him that the spot belonged to the doctor. The doctor had been waiting in the lot, as Gofman sat in his way waiting for his wife to emerge from a doctor's office across the street.

Gofman allegedly then emerged from the vehicle with his steering wheel clutch and began thrashing Pulwers, a survivor of Stalin's forced labor camps. Pulwers suffered two black eyes, a broken nose and damaged ribs as a result of the assault. 

One New York man who was for his arraignment, according to the Buffalo News. The Metro.Co.UK reports that Chris Crego decided that it was a good idea to  while he was hiding from the authorities.

Mr. Crego was wanted by police after he failed to attend his sentencing. In 2009, he was arrested for a bar fight that took place in Western New York. In court, under the guidance of his New York criminal defense attorney, he pleaded guilty to the charges. However, he then fled and went into hiding without returning to court for his sentencing. 

In order to discover any leads on his whereabouts, detectives began searching for clues on the internet. To their surprise, both of the social websites listed above contained his residence and his place of work: a tattoo parlor. For their convenience, his hours at the Indiana shop were also listed. In case there was any doubt, he also included his "wanted" poster on his account.