Hickawa t1_iz2u545 wrote on December 6, 2022 at 1:27 AM

Reply to comment by drpvn in Father, son shot with BB gun outside NYC Kosher supermarket; police investigating as hate crime by arrogant_ambassador

I would not bet on him being found. Somewhere around .001% at leased. I'm having a hard time nailing specific laws down for Staten island but even in NJ.

N.J.S.A. 2C:39-5, BB guns and other typically thought of as non-lethal types of weapons, like pellet guns and air guns, are classified as firearms that are illegal to possess, just like a handgun, rifle or shotgun, unless licensed and kept appropriately.

"The shooter could be charged with Simple Battery (misdemeanor) all the way up to and including Aggravated Assault (Felony) based on the specific facts of the case and the injury resulting from the attack"

Seeing as how no one was really hurt I would be more afraid of the lawsuit the parent would level than the law. As for possession added on that's just a fat ticket in most circumstances.

So I think I agree, absent hate crime charges it's unlikely to be jail time.

drpvn t1_iz2uoep wrote on December 6, 2022 at 1:31 AM

Yeah I was thinking of Alvin Bragg’s policy.

> The Office will not seek a carceral sentence other than for homicide or other cases involving the death of a victim, a class B violent felony in which a deadly weapon causes serious physical injury, domestic violence felonies, sex offenses in Article 130 of the Penal Law, public corruption, rackets, or major economic crimes, including any attempt to commit any such offense under Article 110 of the Penal Law, unless required by law. For any charge of attempt to cause serious physical injury with a dangerous instrument, ADAs must obtain the approval of an ECAB supervisor to seek a carceral sentence.