Legal Question in Criminal Law in New York

assault 3rd degree charge

My friend had an argument with his wife while driving in the car returning from a party. She was inebriated and my friend was the designated driver. She began an argument for which she proceeded to slap and scratch his face and arm. He tried to block her arms/hands by raising his against hers and shooing her away. She was relentless. He stopped the car short and she fell forward hitting her face against the dashboard. Arguments such as this were occurring more frequently in the last few months. All seemed to be okay and they arrived home. My friend went up to bed to go to sleep. She, in turn, phoned the police and they woke him up and arrested him. She stated he hit her three times in the eye but it appeared only the underportion of her eye was black & blue not the whole eye. ??? This is my friend's first incident ever with the law and he is 45. They have been married 12 years and they are an upper middle class couple. Although he was released and able to return to his home, he chose to live elsewhere to avoid further conflict and harrassment from her. What are my friend's options? Will he be convicted and forced to do jail time? Does he seek a divorce lawyer at this time? What are the next steps? Thank you.


Asked on 8/23/07, 1:45 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: assault 3rd degree charge

Your friend should seek both a competent criminal defense attorney as well as a divorce attorney. I will be happy to speak with your friend to discuss his options. For a free phone consultation contact my office @7188340087.

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Answered on 8/23/07, 5:35 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: assault 3rd degree charge

Your friend needs to get together with an attorney who handles both domestic violence and criminal cases in family and criminal/supreme court. He more than likely has an order of protection against him and he is wise to avoid being near her. He needs to quickly get to a lawyer who will protect him in court while protect his interest in his home.

My office handles criminal cases and domestic violence cases as well as other civil issues arising from criminal allegations. If you would like to have him speak with me or one of my collegues, follow the links below.

Good luck to you and your friend.

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Answered on 8/23/07, 11:04 pm


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