The New York criminal lawyers at Crotty Saland PC are pleased to announce the dismissal of all charges against a client in a New York County (Manhattan) Criminal Court. Our client had been arrested for and charged with Assault in the Third Degree (New York Penal Law 120.00), Endangering the Welfare of a Child (New York Penal Law 260.10) and Harassment in the Second Degree (New York Penal Law 240.26). Unquestionably, this dismissal was the best result our client could have hoped for.
Police arrested our client after the father of her child claimed she attacked him in a hospital room where the child was receiving medical treatment. Unfortunately, the child suffers from a serious physical issue. The complaint against our client alleged that she struck the “victim” with her closed fist and elbow in his face while also scratching his face and neck. Because the six month old child was in the hospital room at the time of the alleged altercation, our client was also charged with Endangering the Welfare of the Child.
From the onset of the case, the New York criminal defense attorneys at Crotty Saland PC aggressively denied the charges against our client in their entirety. We not only informed the District Attorney’s Office that the complainant was trained in martial arts, but he had also left numerous voice messages on our client’s mobile phone prior to the alleged incident. One of those messages stated in substance that our client would get what was coming to her. Although not directly relevant to the incident, we established through other records and evidence that our client was almost the exclusive care provider for their daughter. Prosecutors were willing to move for an adjournment in contemplation of dismissal (ACD) whereby the case would be dismissed in one year (this was a “domestic” case). After denying that offer, we asked for a trial. Not only was our client willing to testify that she never did what was alleged, we knew that the only “evidence” prosecutors had was the word, or lack thereof, of the complainant. This lack of strong evidence on the part of prosecutors and corroboration that the complainant had recently “threatened” and harassed our client through emails and phone calls, was convincing enough for prosecutors to move to dismiss the entire case against our client.
As always noted in each case result achieved by Crotty Saland PC, whether an allegation is violent or white collar in nature, each case is unique. How you decide to proceed in your specific case is something you should thoroughly vet with your own criminal attorney. A past result by one attorney in one case cannot guarantee a similar outcome in the future. Whether your defense is mitigation, challenging the admissible evidence, trial or some other approach, work with your attorney to put yourself in the best position possible.
For comprehensive information on the crimes of Assault and Endangering the Welfare of a Child as well as information on the violation of Harassment, please select the highlighted links above. Additional information on these and other crimes, as well as analysis of newsworthy cases and legal decisions, can be found through a search on the New York Criminal Lawyer Blog.
Founded by former Manhattan prosecutors who served in the New York County District Attorney’s Office, Crotty Saland PC represents the accused throughout the New York City region.