hardNew York2021criminal
State v. Anonymous Defendant (Assault)
Bar fight resulting in serious injuries. Multiple witnesses with conflicting accounts. Defendant claims self-defense.
Charges
- •Assault in the Second Degree (NY Penal Law § 120.05)
Case Facts
Review the established facts of this case
- 1Altercation occurred at downtown bar on Saturday night at 11:30 PM
- 2Victim suffered broken jaw, fractured ribs, and concussion
- 3Defendant and victim had verbal argument earlier in evening
- 4Witness A (bartender) states defendant threw first punch
- 5Witness B (defendant's friend) states victim pushed defendant first
- 6Witness C (bystander) states both parties were aggressive
- 7Security footage shows altercation but angle obscures who initiated contact
- 8Defendant has no prior history of violence
- 9Victim had blood alcohol content of 0.18%
- 10Defendant had blood alcohol content of 0.09%
- 11Defendant called 911 after incident
- 12Victim required hospitalization for three days
Your Verdict
Based on the evidence and applicable law, what is your verdict?