Capital Region Legal News

Tuesday, December 27, 2016

Boyfriend of ‘Catwoman’: Assault situation ‘very disturbing’

What sentences might the Catwoman face for her actions?

Being charged with assault and battery is serious. Charges can range from probation to real jail time. New York is waiting with morbid fascination to see what will happen to Jocelyn Wildenstein, after being arrested on assault charges.

Wildenstein, also known as “Catwoman” due to her extreme facial plastic surgery that has transformed her face to resemble a cat, was arrested for allegedly slashing the face and chest of her boyfriend, Lloyd Klein with her fingernails and scissors. She was arraigned on December 7th and charged with felony and misdemeanor assault.

What effect might these charges have for Wildenstein?

It is not clear what degree the assault charges are at this point, although, based on the facts, the charges are likely first or second degree assault, which are felonies and third degree assault, which is a misdemeanor.

The State will be required to prove that Wildenstein intended to cause serious physical injury to Klein for first and second-degree assault charges. The element of intent is required to be proven beyond a reasonable doubt. It must also be shown that Klein did in fact suffer serious physical injury for the first-degree assault charge to stand.

For second-degree assault, because Wildenstein was using a deadly weapon or dangerous instrument (scissors), Klein does not have to show injury.

If Wildenstein is convicted of any of the assault charges, the penalties can include:

  • First Degree Assault – three to twenty-five years in prison
  • Second Degree Assault – three to seven years in prison and up to $5,000 in fines
  • Third Degree Assault – up to one year in jail and/or a fine of up to $1,000

The judge has the ability to set a minimum and maximum prison term. After the minimum term is served, Wildenstein would be eligible for parole, if she were convicted.

Might Wildenstein have a defense to these assault charges?

It would seem so. According to other news sources, Klein was arrested shortly after the incident with Wildenstein on charges of robbery, grand larceny, assault and criminal assault. If it can be shown that Wildenstein acted in self-defense, her charges may be dropped.

Accused of Assault?

Whether you have been charged with assault, before you do anything else, talk with an experienced New York criminal attorney. The attorneys at Ianniello Anderson, P.C. can quickly assess your case and assist you in making the best possible decisions under the circumstances. Serving clients in the Albany, Clifton Park, Glens Falls, Saratoga Springs, Troy, and the entire Northeastern NY areas at 518.350.7755.

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