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Crime & Justice

Appeal Seeks Longer Term in Assault Case

A 58-year-old parking attendant became permanently paralyzed after being punched by a driver he asked to move from an illegal spot. Prosecutors want the sentence increased from 21 to 48 months.

Parking spot (illustration)

Israel's State Attorney's Office filed an appeal Sunday with the Tel Aviv District Court seeking a harsher sentence for Daniel Cohen, 33, of Herzliya, who pleaded guilty to causing severe bodily harm to a parking lot attendant. The victim was left 100% disabled, quadriplegic, and requiring round-the-clock nursing care following the attack.

The Tel Aviv Magistrate's Court had sentenced Cohen to 21 months in prison as part of a plea agreement. The Tel Aviv District Prosecutor's Office is now requesting that the sentence be significantly increased to 48 months of actual imprisonment.

According to the amended indictment to which Cohen pleaded guilty, he and his brother arrived at a Herzliya parking lot in July 2022 and parked their vehicle in a prohibited area. The parking attendant approached them and asked them to move the car.

An argument ensued, during which Cohen punched the attendant in the face. The blow caused the worker to fall to the ground, with his head striking the pavement. He lost consciousness and was subsequently evacuated to a hospital.

The consequences of the assault were severe and irreversible. The attendant, who was 58 years old at the time of the incident, became 100% disabled, quadriplegic, and dependent on nursing care. According to the prosecution, he was hospitalized for approximately nine and a half months and now requires constant care for the rest of his life.

In the appeal filed by the Tel Aviv District Prosecutor's Office through attorney Tal Benai Gat, prosecutors argue that the Magistrate's Court failed to give proper weight to the extent of the damage suffered by the victim. The prosecution emphasized the psychological, emotional, functional, and economic harm inflicted on him, and the fact that his life was completely transformed.

The prosecution further contended that the precedents cited by the Magistrate's Court involved cases where the harm to victims was significantly less severe than the damage caused in this instance.

The prosecution also argued that the circumstances of the incident warrant consideration: Cohen, who was 29 at the time, used violence against a 58-year-old worker who was simply performing his job duties by asking him to move an illegally parked vehicle, and did so without any provocation from the attendant.

Prosecutors further maintained that the case carries significant importance for both individual and general deterrence, given the severe and irreversible outcome that resulted from an act of violence.

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