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NY State officials said Thursday that the impact of a new strangulation statute is "unprecedented" and proves there was a critical gap in the law, with more than 2,000 people charged during the first 15 weeks it was in effect. Details. [There have been similar changes in Texas over the last few years. Assault with FV (subsequent offense), Continuous FV and Assault-strangulation are all relatively recent additions to the Penal Code that have shifted misdemeanor assaults into felony court. Have you noticed the change? Any problems?] | ||
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The new laws are working great in my "neck" of the woods! We are getting a bunch of really dangerous guys onto felony caseload much faster and hopefully avoid a tragic death. My only real problem is, IMO, the fact that if a defendant strangles his spouse/baby mamma/significant other - it is a third degree felony, but if he does it to some random person/drug buddy/what have you, we are at a misd. unless I feel we can make a deadly weapon out of defendant's hands. Haven't seen the argument from defense yet but expect it anytime now . . . | |||
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