Articles Posted in Assault

As a trial attorney in New York’s criminal courts, I am certainly not afraid to “go the distance” if needed to exonerate a client. However, I can unequivocally say that even if a client desperately wants his or her day in court, finding the right resolution without a trial may be the best solution to a case despite a client’s wishes. No, that does not mean selling out or accepting responsibility for a wrongful allegation, but if you can avoid the uncertainty, emotional capital, and expenditure of time and dollars, and do so with the right disposition, it very well can be an absolute win for a client. Sometimes, that win is achieved through presenting evidence mitigating or challenging the allegations and other times through motion practice such as by way of a motion to dismiss. Cases in point? Saland Law is pleased to share that in two recent matters, despite prosecutors taking unreasonable stances in cases that should have likely been resolved well before the courts took that power and responsibility away from them, we secured two dismissals after judges agreed with our applications and handed down two respective written decisions dismissing clients’ charges in their entirety. I share one of those decisions below.

Prosecutors Failed Discovery Obligations: Certificate of Compliance Invalid

Whether in Westchester, Manhattan, Brooklyn, or any borough of New York City or county in the state, District Attorneys prioritize Domestic Violence related arrests, and rightfully so. Similarly, Domestic Violence lawyers who represent individuals accused of these crimes equally prioritize these cases knowing that both the police and prosecutors aggressively pursue what they believe, right or wrong, is accountability on the part of their clients. When the crime is a felony, such as for First or Second Degree Strangulation or Assault, or one that involves any type of weapon, both the prosecution and the defense often find themselves in an “all hands on deck” situation, albeit on different sides of the criminal justice system.

With this in mind, Saland Law is pleased to share that a recent client accused of First Degree Assault after allegedly stabbing her then-boyfriend in the upper shoulder/chest area, was completely exonerated after finding herself in the crosshairs of a such a prosecution. Facing a five-year minimum prison term if convicted, Saland Law’s client was nonetheless rightfully unwilling to accept a plea offer to any crime. Through months of uncertainty as the case slowly moved through the court process, our client, the real victim, stood firm until prosecutors exonerated her by dismissing all the charges upon Saland Law’s application even before the case reached the speedy trial threshold.

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On the heels of a “Not Responsible” finding for a client accused of dating violence at his college in violation of Title IX policies against sexual harassment and domestic violence, New York criminal lawyer Jeremy Saland is once again pleased to share that Saland Law exonerated another client accused of domestic charges and crimes. Arrested for Third Degree Assault, Penal Law 120.00, Criminal Obstruction of Breathing or Blood Circulation, Penal Law 121.11, and other crimes after our client’s then-girlfriend alleged he choked her, tore off her necklace, and repeatedly struck her in a hotel room during a holiday visit to Manhattan, prosecutors moved to dismiss the case before picking a jury and commencing a trial in the Jury Court Part. Though it was both deserved and a long time coming, what started off as a frightening night in custody, sending our client’s life spiraling, ended up in a complete and total exoneration.

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Sometimes good people do terribly bad things, regular people make incredibly poor choices, and bad situations find everyday people who did nothing much at all. No matter how they got there, when the handcuffs are locked around their wrists and a Grand Jury hands down an indictment, they face the same dire consequences within the confines of New York’s criminal justice system.

Regardless of the bucket a recent Saland Law client could point to, he found himself in desperate need of an experienced criminal defense lawyer. Facing the Class “D” violent felonies of Second Degree Assault, Penal Law 120.04, and Second Degree Strangulation, Penal Law 121.12, and a presumptive mandatory two to seven years in prison, our client, a professional working for a large organization, knew his life, liberty, and career were all in jeopardy.

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If fighting City Hall is difficult, battling the District Attorney’s Office is arguably harder when your arguments and evidence falls on deaf ears and your client’s exposure is not measured in money but a permanent criminal record and the duration of incarceration. Fortunately, however, when your client is left standing and walks away exonerated, there are few greater victories worthy of battle scars. For a recent Saland Law PC client arrested for Second Degree Burglary and other crimes, and subsequently charged with Third Degree Assault and Criminal Obstruction of Breathing or Blood Circulation, leaving the justice system unscathed other than by a undeserved and miserable experience could not be more rewarding. The following is lesson of how prosecutorial inexperience coupled with expansive power can result in potentially grave miscarriages of justice. Simply, no matter the allegation, it is incumbent upon any criminal defense attorney to question and challenge law enforcement to protect your rights.

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If being arrested for a crime you did not commit isn’t bad enough, when you don’t live in New York City and your witnesses aren’t fluent in the English language and are returning to their homes in Europe that same day, its reasonable to assume that things are about to go from bad to terribly worse. While it is a legitimate thought to have as you are hauled away in handcuffs, charged with crimes including Assault in the Third Degree, New York Penal Law 120.00, and tossed into Manhattan’s Central Booking to wait and meet a criminal lawyer your friends or family retained, your initial pain need not foretell the ultimate outcome. As experienced by a recent Saland Law PC client, the trauma of being accused of Assault by a cab driver and the anxiety of being 1000s of miles from home was fortunately (if one can use that term when falsely accused of a crime) the worst part of a roller coaster ride that ended in a meritorious dismissal.

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