What constitutes a crime of passion?
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What constitutes a crime of passion?
I caught my husband and his brother’s wife having sex in the church parking lot across the street from our marital home. When they saw me they jumped into her vehicle and locked the doors. Her window was half down so I reached in and grabbed her. She then rolled the window up on my arm trapping me. She proceeded to drive off at a high rate of speed dragging my body through the parking lot and then down a 10 foot ravine and over trees rocks and bricks. Somehow I was freed and laid there unconscious until an ambulance arrived . transported to a trauma unit a state away. She has since been arrested on 2 charges I have also been charged with harassment in the second degree. Does crime of passion apply here?
Asked on November 10, 2012 under Criminal Law, New York
Answers:
Arkady Bukh / Bukh Law Firm, P.C.
Answered 11 years ago | Contributor
Crime of passion acts don't usually come into play in smaller assault cases. The crime of passion is if you found them together and killed one or the other of them, then it can be used to lessen the charge. In your case, I think you should see an attorney to try to get the harrassment charge dismissed.
Richard Bryans / The Bryans Law Office
Answered 11 years ago | Contributor
Apply to which of you? You? Maybe. A "crime of passion" ordinarily refers to an irresistable impulse provoking the criminal act. Consult an experienced criminal defense attorney.
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