It is unquestionably the best outcome or as close as one can get. Crotty Saland PC, a Manhattan based criminal defense firm founded by two New York criminal defense attorneys and former Manhattan prosecutors, obtained a dismissal of all charges against a client accused of Assault in the Third Degree (New York Penal Law 120.00). Our client, a doctor, was alleged to have “pummeled” another man in a dog run after a dispute involving their dogs. The complainant had two alleged “witnesses,” actually friends, who claimed they saw the entire incident. Although the complainant had no visible injuries (we requested picture numerous times to no avail) and was seen in fine health the following day by witnesses not tied to either party, the prosecution was bent on going forward. Compounding matters, the complainant’s personal injury attorney called our client within days to see if our client wanted to settle to avoid a lawsuit (he received a resounding “no”).
Fortunately, at least three or four independent witnesses (not friends with either party) saw the incident and asserted that our client never struck anyone. Despite providing these witnesses to the prosecution, the District Attorney’s Office only offered a Harassment violation. Because our client did no wrong and the complainant saw him as a deep pocket for his lawsuit (not only did the “victim” fail to tell the prosecution he was suing, our investigation revealed this was not the first time he sued someone else or was involved in litigation), our client refused this offer.
As the case proceeded in its regular course, Crotty Saland PC filed motions to challenge the facial sufficiency of the Assault charges against our client as well as to challenge certain evidence. Although the prosecution dug their heals in an amateur fashion, we believed there were legal grounds for this dismissal…and we were right. Despite the prosecutions inability to see the real facts from independent witnesses and to have the courage to dismiss the case, the court found the legal basis for what we firmly believed should have been the outcome all along – the dismissal of the entire criminal case.
While each case is unique and Crotty Saland PC cannot guarantee future results based on this case, one thing is clear. The New York criminal defense lawyers at Crotty Saland PC strive to provide our clients with top results and will aggressively fight within the bounds of the law to do so.
For further information about Crotty Saland PC, please go to our website at new-york-lawyers.org. Additional information about Assault in the Third Degree and violent crimes can be found there as well or on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) where extensive information about the New York Penal Law, legal decision and newsworthy cases can be found.
The New York criminal lawyers at Crotty Saland PC represent clients in Manhattan, Brooklyn, Queens and throughout the rest of New York City and the region.