Can an assault in one state later be prosecuted in another state?
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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 13 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.
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