Originally posted by sukebanboy
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Here are the New York state penal codes applicable to assault,
http://ypdcrime.com/penal.law/article120.htm#p120.00
Like almost everything in the law, the person's "intent" will be the deciding factor in what they'll eventually be charged with. The DA will need to review the evidence and have to decide whether it's strong enough to warrant a trial. Again, give the foregoing accounts as to what had allegedly transpired, it would seem that Flanagan "knew" what he was doing and had the "intent" to cause harm to another. Now as both of the victims were said to be unarmed, Flanagan certainly can't claim self-defense, unless of course he can prove that he was first physically assaulted. Also, given the rather draconian weapon laws of New York, he wouldn't be able to carry a "hunting knife" legally, so that's another charge right there.
So it sounds like they'll be able to charge with a weapons violation and some kind of assault. Now the weapons possession charge will compound the assault charge. Plus, if he has any other serious prior convictions, then he'll be in even deeper shit, as they'll be able to show a history of violent/criminal behavior. This the judge can use as a sentencing guideline, assuming he's tried and convicted, meaning he could very well throw the book at him and give him the maximum number of years if he's tried and convicted.
Honestly though, it sounds like this guy just threw about ten years of his life away, at the very least.
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