Legal Question in Criminal Law in New York

If i get Arrested and sent to prison for the murder of "John Smith".. i serve my time in prison and then i see "John Smith" walking down the street and i hit him several times with a baseball bat, But he doe'snt die instead he gets put into a coma.. can they still send me back to prison?? or would the law of double jeopardy still protect me? so pretty much can you be charged with Assault with intent to kill on somebody who you've already been charged and served time for the murder of?


Asked on 8/24/11, 11:26 pm

1 Answer from Attorneys
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Of course you can be charged. A separate and distinct crime each time it's committed. It's based on the date and time of the incident and the party. And if you commit the same crime every day, you can be charged separately every day for the same crime.

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Answered on 8/25/11, 4:26 am


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