What constitutes a crime of passion?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes a crime of passion?

I caught my husband and his brother’s wife having sex in the church parking lot across the street from our marital home. When they saw me they jumped into her vehicle and locked the doors. Her window was half down so I reached in and grabbed her. She then rolled the window up on my arm trapping me. She proceeded to drive off at a high rate of speed dragging my body through the parking lot and then down a 10 foot ravine and over trees rocks and bricks. Somehow I was freed and laid there unconscious until an ambulance arrived . transported to a trauma unit a state away. She has since been arrested on 2 charges I have also been charged with harassment in the second degree. Does crime of passion apply here?

Asked on November 10, 2012 under Criminal Law, New York

Answers:

Arkady Bukh / Bukh Law Firm, P.C.

Answered 8 years ago | Contributor

Crime of passion acts don't usually come into play in smaller assault cases.  The crime of passion is if you found them together and killed one or the other of them, then it can be used to lessen the charge.  In your case, I think you should see an attorney to try to get the harrassment charge dismissed. 

Richard Bryans / The Bryans Law Office

Answered 8 years ago | Contributor

Apply to which of you?  You?  Maybe.  A "crime of passion" ordinarily refers to an irresistable impulse provoking the criminal act.  Consult an experienced criminal defense attorney.


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