New York Criminal Lawyer Secures Dismissal of Domestic Violence Assault & Criminal Obstruction of Breathing Charges

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.

Our client, an entrepreneur running a successful business, became involved with a woman who later saw him not for who he was – a kind, generous, and all-around good man – but as a target for her own selfish financial gain. As the relationship soured due to the complainant’s controlling nature and demands, and she saw the writing on the wall that that the proverbial “gravy train” would end soon, the complainant concocted a story that her boyfriend, our client, threw her on the bed, repeatedly struck her, grabbed her by her throat to choke her, and tore a necklace from her neck while inside their NYC hotel. Though our client did none of that, what precipitated the false claims was a verbal dispute where our client made it clear the relationship was over and they would be returning home. Unfortunately, because of mandatory arrest policies, the NYPD took our client into custody before he found himself standing in front of a judge, saddled with criminal charges, and having the weight of an Order of Protection in his ex-girlfriend’s favor hanging over his head.

As the case churned forward, the complainant provided images of bruises to her legs that she purportedly sustained from our client’s hands. Further, the complainant did have redness around her throat when the police arrived at the hotel. Despite these images, there was no evidence of bruising to the legs or strikes to the legs at the time of the arrest and the pictures were likely unrelated and not taken at the time of the complainant’s alleged assault. Moreover, our investigation revealed not one but three independent witnesses with whom the complainant spoke about the night in question. These witnesses, who did not know our client, advised that the complainant told them that she tore off her necklace herself and made the mark on her neck to make it appear as if our client had attacked her. Moreover, she openly admitted that she was having financial difficulties, wanted to sue our client and find a reason or path to do so, and had placed or attempted to place a tracker on our client’s vehicle so she could know where he was in an effort to, among other things, have our client violate the Order of Protection by showing up where she knew he was located. To top things off, the complainant accessed our client’s account online and had him unknowingly and without his consent pay off multiple $10,000 of her bills. Additionally, a deeper dive into the complainant revealed that she had her own history and one that also involved numerous lawsuits against other parties.

Ultimately, after refusing every offer made by the prosecution, including an Adjournment in Contemplation of Dismissal whereby the case would be dismissed and sealed in six months, Saland Law asked for a firm trial date and the presiding judge adjourned the case into a jury part. We did so to allow a jury of our client’s peers hear the evidence and make the decision we believe the District Attorney’s Office should make on the merits. With trial only four days away, and after a year of appearing in court, proffering our client with prosecutors, providing witnesses names and contact information, and presenting other evidence exculpating our client, the District Attorney’s Office agreed to dismiss all charges against our client in the interest of justice – and did so today.

To learn more about the crimes of Third Degree Assault, Criminal Obstruction of Breathing or Blood Circulation, and, generally, New York Domestic Violence crimes, follow the respective links. Founded by former Manhattan prosecutor Jeremy Saland, Saland Law represents clients throughout the New York City, and suburban New York region.

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