Friday, April 6, 2018

Is Connor McGregor Going to Jail?

From high times, McGregor is a fun Irishman

UFC fighting champion Connor McGregor just got into some trouble in New York. He attacked a bus full of UFC fighters and took a hand truck to one of bus' windows. He's charged with felony criminal mischief and misdemeanor assault.

Between a normal person (that is not a celebrity), and McGregor what is going to happen in terms of court and this process?

Was alcohol involved? Does the fighter have an alcohol issue? Does McGregor have an anger management problem? Does McGregor have an immigration issue?

New York Charges Involving Violent and Angry Behavior: What's the Cause?

The same qualities that make McGregor a world champ may also be contributing to his behavior out of the octagon. World class UFC fighters have to be angry, tough, and resilient. They bring these character traits into every match up. To survive the trials and tribulations of combat they must take on a warrior's mindset. It's kill or be killed, hurt or be hurt. Or is Connor McGregor just a one time drunken Irishman? Because that never happens.

But can Connor turn these traits off?

Can he go out into the real and civil world and play nice?

New York Assault Charges Can Lead to Mental and Drug/alcohol Evaluations

A judge looking at Connor McGregor's incident has to put into question a number of personal factors:

Were alcohol and/or drugs (like cocaine) involved to fuel the violence?

Does Connor need an alcohol/drug evaluation?

Does Connor need a mental health evaluation?

Part and parcel of the court's responsibility is to look for cause as much as it is to punish the crimes. At this level of charges probation may have to weigh in to do an investigation into McGregor's life and lifestyle. They can make recommendations to the judge and to the prosecutor. They look for    needs of the individual. If there is no rehabilitation of the individual then the legal process fails miserably.

New York Felony Level Criminal Mischief is Easy to Get

If you destroy only $250 or more worth of property you are charged with a felony in New York. These days a car tire costs over $250, so causing this level of damages is relatively easy.

      New York Penal Law 145.05(2), if you intentionally damage property of another as described above and the damage exceeds $250, but is no greater than $5,000, then you are guilty of this crime.
NY Penal Law section 145.05 is an "E" felony punishable by up to four years in state prison. 

Misdemeanor Assault charges are Easily Reduced in New York

Because proving physical injury in New York is hard. The question: Was there a physical injury to people as defined under the law?

A person commits misdemeanor assault by improperly causing someone else to suffer a “physical injury.” The injury must have been caused either intentionally or recklessly. Misdemeanor assault can also occur if a person negligently (carelessly) injures someone else by using a deadly weapon or dangerous instrument.
(N.Y. Penal Law § 120.00).
Physical injury is defined as: 
A “physical injury” occurs when a victim suffers at least some physical – not mental – injury or pain. New York law defines “physical injury” as “impairment of physical condition or substantial pain.”
I've represented hundreds of people, and proving this physical injury is not likely after watching the video of the incident. If Connor McGregor had hit someone directly then that would likely be a physical injury, this was not. These charges will likely be reduced to a charge of harassment, a violation (non-criminal charge). 

What Will Likely Happen to Connor McGregor for these Charges? 

McGregor is not going to prison for four years. He will likely be responsible for paying damages for the bus. This is called restitution. Charges will be reduced to something like harassment (a violation), and criminal mischief as a misdemeanor. Since there was violence involved in this incident his lawyers will need to be careful concerning pleading to anything. I'm not sure of McGregor's status but if he's a citizen of Ireland he could be deported back.