OrangeXtreme
The Mayor of Dewitt
- Joined
- Aug 15, 2011
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Really glad Scissum is going to be okay. First year law student, really curious to find out how this isn't attempted murder. With the amount of times Howard stabbed them, where he stabbed them, and with (seemingly) intent, it seems like a sure fire attempted murder. I know sometimes they get charged with a lesser crime to ensure a conviction. Either way, this kid has some serious mental problems and family issues. His dad used to work for my aunt but had to be let go for some pretty strange and outrageous conduct. Couple family issues, with what seems like some pretty obvious mental health concerns, and it was only a matter of time before something like this happened. I hope Howard, not only gets the punishment he deserves, but the proper mental health treatment. The justice system needs to get better at addressing mental health concerns because, eventually, people like Howard will be released back into our community.
Other than killing another person, First Degree Assault, pursuant to New York Penal Law 120.10, is the most serious crime found within the pages of the New York criminal code. A “violent crime” by definition, a sentence and punishment for this offense is minimally five years in a New York State prison. In fact, even without a criminal record, an arrest and ultimate conviction for Assault in the First Degree can result in as much as 25 years in jail.
A person is guilty of assault in the first degree when:
1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or
3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or
4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.
Assault in the first degree is a class B felony.
- See more at: http://codes.findlaw.com/ny/penal-law/pen-sect-120-10.html