Written by attorney Theodore W. Robinson

Attempted Murder is Different than Assault 1st in New York

Often when a victim has been badly or almost mortally wounded in New York, overzealous Assistant District Attorneys will charge a Defendant with Attempted Murder just by virtue of the seriousness of the crime alone. Its a mistake. Assault 1st will be sufficient unless the DA can prove intent to try to cause the death of the victim.

On the other hand, Assault 1st is when serious physical injury has been caused to the point that the person might die or a deadly instrument or weapon was used to cause the serious injury. Both are "B" Violent Felonies in New York, but the one requires a certian degree of intent to sustain the charge.

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