Can an assault in one state later be prosecuted in another state?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an assault in one state later be prosecuted in another state?

I have been charged with an assault charge in HI. I live in NY as does the person who had me charged. Can this case be prosecuted (in any way) in NY? This person was injured (needing stitches) in the incident but was heavily intoxicated on alcohol and a controlled substance. I was sober and have no criminal record.

Asked on April 30, 2011 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so this is how it generally goes: usually jurisdiction lies in the county where the crime took place – with the only exception maybe one can think of is if someone is killed in one state and the body is dumped in another, then the state that has the body could prosecute the murder as well as the state where the murder took place.  Duel jurisdiction for the murder. So if you are charged with assaulting the victim up in Hawaii and then returned to New York, New York can not prosecute you but they could extradite you.  I would suggest seeking legal counsel in Hawaii given you were charged.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption