A Capital Region man has been arrested after allegedly punching an elderly person in the face.

The general rule is that nothing good happens after 2am. The notion is, after 2am, decisions are made by sleep-deprived people that might be altered by alcohol and other influences. Some individuals make the mistake of reaching out to an old flame, get behind the wheel, or, in this case, punch a senior citizen in the face? Here's what happened.

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On Wednesday March 11th, at approximately 2:30 in the morning, the Saratoga County Sheriff's Office responded to a call regarding an assault at the Budget Inn, UR-Route 9, in Malta, NY.

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According to a press release, following an investigation, officers determined a 29-year-old suspect punched an elderly victim in the face. The suspect is now accused of intentionally causing physical injury to a person who was 65-years-old or more while he was more than 10 years younger than the victim.

518 News, New York State Police, Malta, New York
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Police have arrested 29-year-old Justin M. Nielson of Malta, NY. and charged him with assault in the 2nd degree, which is a Class D felony in New York. Nielson was arraigned in Malta Town Court and released on his own recognizance pending further proceedings.

According to the Law Offices of Stephen Bilking and Associates, an assault in the second degree charge in New York is a Class D violent felony, punishable by 2 to 7 years in state prison for first-time offenders, fines up to $5,000, and a mandatory Order of Protection. As a violent felony, it requires a minimum determinate sentence.

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