In New York, the legal charges against Jayden Clarke in the Times Square shooting case break down into several different types of felonies, each with specific requirements for conviction and potential penalties. They include charges for the act of shooting the victims and charges for possessing the weapon used in the crime.
The Charges Explained
Here's a look at the charges in a way that's easy to understand, along with the potential prison time.
Attempted Murder in the Second Degree
This is one of the most serious charges. To be charged with attempted murder, you don't have to successfully kill someone. Instead, the prosecution must prove two things: you intended to cause someone's death and you took a significant step towards doing it. In this case, allegedly firing a gun at a person with the intent to kill them, even if you miss or they survive, is enough to support this charge. The law also includes the concept of "transferred intent"—so even if the bullet hits someone other than the intended target, the charge still holds. Attempted Murder in the Second Degree is a class B felony in New York, which carries a maximum prison sentence of up to 25 years.
Attempted Assault in the First Degree
This charge is about intending to cause a serious physical injury and taking a step toward that goal. A serious physical injury is defined in the law as one that creates a substantial risk of death, or that causes disfigurement, or the permanent loss of a body part or organ. Since a firearm is a deadly weapon, allegedly firing it at someone with the intent to cause this level of harm is what supports this charge. Attempted Assault in the First Degree is a class C felony, which can result in a maximum prison sentence of 15 years.
Assault in the Second Degree
This charge is less serious than first-degree assault but still a felony. It can be charged in different ways, but in this case, it likely means that the person is accused of intentionally causing physical injury to another person using a deadly weapon or dangerous instrument, such as a firearm. The key here is the use of the weapon and the intent to cause physical injury, which is a less severe standard than the "serious physical injury" required for first-degree assault. Assault in the Second Degree is a class D felony and can lead to a prison sentence of up to 7 years.
The Weapon Charges
In addition to the charges for the alleged shooting, Clarke faces several weapon possession charges.
Criminal Possession of a Weapon in the Second Degree
This is a serious felony charge for possessing a loaded firearm with the intent to use it illegally against another person. In New York, it's illegal to carry a loaded handgun in public without a permit. The prosecution will try to prove that Clarke not only had an illegal, loaded gun but also intended to use it to harm someone, which the alleged act of shooting would support. This is a class C felony, which carries a maximum prison sentence of 15 years.
Criminal Possession of a Firearm
This is another felony that focuses on the act of possessing a gun. This charge doesn't require the gun to be loaded or that the person intended to use it illegally. It simply means that the person knowingly had an unlicensed firearm in their possession. This charge is often used as a more straightforward way to prosecute illegal gun possession. This is a class E felony, with a maximum prison sentence of up to 4 years.
What's Next?
It's important to remember that these are just allegations, and under the law, Jayden Clarke is presumed innocent until proven guilty. A grand jury has reviewed the evidence and determined there is enough to move forward with a trial. If he is convicted, he could face a substantial prison sentence, as these charges can be sentenced consecutively, meaning the sentences for each crime can be added together. The case will now proceed through the court system, where the prosecution will present its evidence to try and prove these charges beyond a reasonable doubt.
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