I met a new client, KEN PETERSON, this afternoon. Ken is a 6’3’’, 220 pound, 48-year-old freelance photographer and writer. Majority of the time he works from home in New Rochelle where he has been living for 20 years. Ken has never been involved in litigation of any type, has no prior convictions, and explains that this was unusual circumstance because does not normally have fights with people or get into trouble. He is unmarried and without children, but spends his free time playing guitar and training for and participating in marathons. He is currently training for his 6th marathon. Ken has clearly been running for years, and had always integrated running at the New Rochelle High School path. He normally goes for his runs around 3:00 pm, which he noted at times he passes kids walking on the path. Ken told me about a confrontation between him and the alleged victim that occurred in connection to the October 2nd incident that he came to see me about. The confrontation took place about a week before the October 2nd …show more content…
I plan on focusing on the issues of intent and what qualifies as a dangerous instrument. When looking into the rule for Assault in the Second Degrees on WestLaw Next, I was able to find a lot of cases to aid in defining what a dangerous instrument in, as well as cases that more clearly display these definitions. There were also similar cases that focused on the issue of intent that I think will be extremely helpful. Although at this point it is not all that clear how successful Ken will be in defeating this charge, I do feel that there is a lot of cases that we can delve into in order to find a solution for him. That being said there could be issues because he admitted that he was not provoked when he made the contact with Jeremy, and he was determined to keep running. Further research will greatly benefit me in find better ground to stand