The attorneys at Crotty Saland PC defend clients against arrests and desk appearance tickets (D.A.T.) involving misdemeanor charges involving Assault in the Third Degree, as defined by New York Penal Law §120.00. As former prosecutors in the Manhattan District Attorney's Office under Robert Morgenthau, we have extensive experience in the "trenches" of the New York City courts and understand the procedures thoroughly. It is this experience and knowledge that we use to ensure as best we can that clients obtain the outcome in their criminal legal matters that they want and deserve, whatever the type of charge.
Our attorneys defend clients against both A misdemeanor assault charges as well as B misdemeanor attempted assault charges. Moreover, if our clients reach out to us early enough in the process after they are contacted by detectives, we fight to convince police to issue a D.A.T. in lieu of arrest and booking. Regardless, we make sure that the police acted in accordance with the law and that the prosecutor charged our clients correctly based on the evidence. Furthermore, once retained, our attorneys will take the steps to corroborate your story and preserve the evidence that can ultimately vindicate you. The stakes couldn't be higher if you are convicted of a misdemeanor assault; you could serve up to one year in Rikers Island and have a criminal record that will follow you for life. While jail might not be an issue should a lesser offense be "worked out," the collateral consequences of any type of conviction are worth avoiding if possible.
We have represented doctors, financial services employees, students, real estate professionals and many others who were issued a D.A.T. or arrested for misdemeanor assault charges after they were involved in incidents such as:
- Arguments and fights in bars and at sporting events
- Parking spot rage
- Subway fights
Our attorneys have successfully obtained dismissals in misdemeanor assault arrests and negotiated misdemeanors from felony and state prison charges involving Assault in the Second Degree. We have arranged for clients to surrender to the police and the issuance of desk appearance tickets in lieu of spending the night in jail. While we cannot guarantee a particular result, we advocate as strongly as we can to get our clients into the best place possible to protect their liberty and future.
When analyzing each case, we ensure that the prosecution is able to prove not only physical injury but also intent to cause physical injury. We determine if the police account accurately reflects the alleged events. For example, was there actually physical injury? Did our client knowingly harm the other person? Who started the fight? Did a witness mistakenly identify our client? If the prosecution's answers to these questions suggest that they have a weak argument and little evidence, our lawyers will use this to seek a dismissal or reduction in charges should it be possible.
Beyond the legal approach of full confrontation, we determine if it would be advantageous to plead to a lesser charge or obtain a dismissal through other means, ideally an adjournment in contemplation of dismissal or ACD. This type of disposition would result in a dismissal after six months or one year. Alternatively, if a dismissal on the merits, based on procedure or through an ACD is not viable, we oftentimes pursue resolving the case with the violation of a disorderly conduct with is not a crime. Again, each case is different, and our attorneys ensure that clients are presented with the best options available to them.
Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. Call us at 646-808-3300 or contact us online today to speak with our New York City assault desk appearance ticket attorneys.
In depth information on Assault crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its Assault section.
