If you or someone you know has been wrongfully accused of domestic violence assault in New York, hiring a good criminal defense attorney is a necessity and not a luxury. Being convicted of such a crime has long lasting consequences.
Being wrongfully accused of domestic violence should not overshadow the seriousness of domestic violence. Indeed, anyone who is a victim of domestic violence should utilize every resource to ensure their safety. However, let me give you a case study of someone wrongfully accused.
A while back, I was contacted by a family member of a person arrested on charges arising out of a domestic dispute. They explained that the ex-girlfriend accused the defendant of assault.
In meeting with the accused, I was able to determine that he was a hard-working young man who had been in a tumultuous relationship with a young lady whom he had a child with. Despite having a criminal record from his younger days, he had worked hard to turn his life around and was awarded custody of the child when he and the child’s mother separated. However, during the course of a visitation, the child’s mother made allegations resulting in him being charged with one count of assault in the third degree under NY Penal Law 120.00 (a class A misdemeanor).
A person is guilty of assault in the third degree when:
- With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or
- He recklessly causes physical injury to another person; or
- With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
After a thorough investigation, I was able to determine the accuser’s allegations were at best, dubious. The investigation revealed the ex-girlfriend had likely made the allegations in an attempt to obtain custody of their child. Moreover, the investigation revealed the ex-girlfriend: 1) had a history of violence, in which she was the aggressor; 2) had a history of substance abuse and mental health issues; and 3) was subject to pending allegations that she had assaulted their child.
Armed with this information, I was able to have very productive discussions with the prosecutor which resulted in the charges ultimately being dismissed.
Hiring a Criminal Defense Attorney
Navigating the criminal justice system is difficult and has serious consequences. If you have been charged with a crime in New York, hiring a criminal defense attorney is one of the single most important decisions you will make in your life. Make sure you hire an attorney that takes time to understand you as a person and your case in its entirety.
At the Law Office of Kevin J. Deloatch, Esq. each case is handled from the initial stage with the thoroughness as if it were going to trial. This enables me to not only understand the strengths of the defense, but more importantly, to effectively convey to the prosecutor the weaknesses of their case.
If you or someone you know has been charged with a crime in New York call the Law Office of Kevin J. Deloatch, Esq. at (646) 792-2156. The results of all criminal prosecutions are determined by the facts and circumstances of your specific case and the skill and experience of your defense attorney. Call today for a free consultation.