Tony Brioschi's Argument

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I hope you’ve been well. Recently you wrote to us that you have accidentally wounded your friend Tony Brioschi. As you’ve described it, you are trying to punch the man who made offensive remark on you, but you punched on your friend Tony’s face. And next day he did seen a doctor, with a black and swollen eye. He is painful and quite angry about the incident. Specifically, you have asked for advice on the question whether you caused any civil or criminal liability. After researching the issue, and based on the facts set out below, I believe that a court would likely conclude that you did assault in the third degree (A misdemeanor). I will explain this conclusion more fully below after first setting out the facts as I understand them. Last night Tony Brioschi with you are hang out at different bar. At 1:00 am after several hours drinking at several bars on Chippewa Street. You are at last stop, but you cannot remmber which bar is. There have a man next to you is keep doing offensive remarks which infuriated you. Hence, you trying to punch the man but he ducked and your punch landed on Tony’s face. Tony left immediately, you find your way back to home. You mentioned to me that you do not remember what the remarks were about. But you do know that you stepped away from the bar and pulled your arm and shoulder back to punch the man. Also you has …show more content…

However, according the Penal Law § 15.25, intoxication does not justify criminal behavior. It exists only if the case is related with intoxication, then you need to provide relevant evidence at the trial. This opinion is based on a summary of previous cases. Since your suition happened last night, and from now maybe it is too late to take alcohol medical examination as evidence for last night. Therefore, intoxication can not be a good eason for

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