Man Stabs Victim with Scissors at Local Barber Shop
Ramapo – On April 27th, 2013, the Rockland County Times ran a news story about a stabbing that took place two days earlier on April 25th at Fresh Cuts Barber Shop in the Hillcrest section of Ramapo. At approximately 7:39 p.m., Ramapo Police responded to the barber shop after receiving a call regarding an assault.
When the responding officers arrived at the scene they found a 47-year-old male who told them he had been stabbed while inside the barber shop. The victim, a resident of Spring Valley, New York was transported to Good Samaritan Hospital by Spring Hill Ambulance after sustaining non-life threatening injuries to his chest.
Investigators determined that a 54-year-old New Hempstead resident had stabbed the victim with scissors while the two men were inside the barber shop. The defendant was charged with assault in the second degree, a Class D felony in New York, criminal possession of a weapon in the fourth degree, a Class A misdemeanor, and menacing in the second degree, also a Class A misdemeanor. As of April 27th, the defendant was being held at the Town of Ramapo Police Department while awaiting his arraignment.
In New York, under §70.00 of the NY Penal Law, the sentencing for a Class D felony shall not exceed 7 years in prison, and under § 80.00, the fines for a Class D felony are up to $5,000. Under § 80.05, the maximum fine for a Class A misdemeanor violation is $1,000.
In New York State, assault in the second degree is covered under § 120.02 of the New York Penal Code. Section 120.02 defines assault in the second degree as: with intent to cause serious physical injury to another person, actually causing such injury to that person or to a third person, or with intent to cause physical injury to another person, causing such injury to that person or a third person by means of a deadly weapon or a dangerous instrument. As with the barber shop attack, when the defendant went after the victim with scissors and subsequently stabbed him in the chest, his action is considered assault in the second degree under New York law.
A person is also guilty of assault in the second degree when he or she recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
This section also discusses how someone commits assault in the second degree when he or she is 18 years or older and with intent to cause physical injury on a victim less than 11 years old, causes injury to the child, or when the assailant is 18 years or older and with intent to cause physical injury on a child less than 7 years old, actually causes injury to such person. Assault in the second degree is a Class D felony in the state of New York and can result in up to 7 years in prison and up to $5,000 in fines.
If you have been arrested on assault charges, you are urged to contact a Rockland County criminal defense attorney from the Law Office of Brian Berkowitz. As a former Senior Assistant District Attorney who spent more than 4 years in the Rockland County District Attorney's Office, you can be rest assured that attorney Berkowitz has in-depth knowledge of the inner workings of the criminal justice system as well as the local, state and federal laws. When involved in a physical altercation that leads to an arrest and assault charges, it's vitally important that your side of the story be heard loud and clear.
To protect your future and your freedom, contact the firm today to find out what types of strategies can be used in your defense!