February 27, 2015

Pardalis & Nohavicka Criminal Law Update: The Case of the Bad Grandpa (Harassment Is Not A Lesser Included Offense Of Attempted Assault)

A woman was going up the stairs of her senior community home when defendant came out of a neighbor's apartment, waited, then walked down the same staircase and  banged into her with his shoulder. The woman did not suffer any physical injuries because she fell back against her husband who was behind her. Police are called; defendant is arrested. Defendant was sentenced to one-year probation for the attempted assault and $250.00 fine on the harassment conviction, along with a $125.00 surcharge.  He appeals.

The issue was whether the harassment count was a lesser included offense.  Defendant argued that you can be convicted with one or the other; not both. Court of Appeals disagreed.

People v Repanti http://www.courts.state.ny.us/reporter/3dseries/2015/2015_01375.htm

Connect with us

Visit our FacebookVisit our InstagramVisit our TwitterVisit our LinkedInVisit our YouTube channel
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. 
The viewing of this website does not constitute an attorney-client relationship. Attorney Advertising: Prior results DO NOT guarantee similar results.

Copyright © 2024 Pardalis & Nohavicka LLP. All Rights Reserved. Website Designed & Developed by Ruxbo
magnifier linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram