Legal Question in Criminal Law in New York

Assault 3rd Section 120.00

My daughter just received a Criminal Summons from the Cazenovia (NY) Police Dept. for Assault 3rd Section 120.00 Sub-div 2 of Penal Law of the State of NY. We live in MA. She got in a fight with another girl at her school. Both girls were drinking (underage) at a house party. My daughter called the other girl a name. The other girl threw a drink in my daughter's face. My daughter threw a drink in her face and the glass broke and cut the girl in the face. The two girls then started wrestling until someone broke it up. The girl must have filed a complaint with the police.

What can we expect when we go to the arraignment on June 3rd and what steps do we need to do to protect her? Will she be arrested/jailed at the arraignment? Or is the arraignment a chance for my daughter to tell her side of the story? Thanks!


Asked on 5/23/09, 7:29 pm

1 Answer from Attorneys
Gregory Casale Gregory Casale Attorney At Law

Re: Assault 3rd Section 120.00

Obviously the fight took place in NY. Hire a NY criminal defense attorney to represent her ASAP. The sooner you have counsel, the more options that counsel will have to protect your daughter. It sounds like self-defense. Unfortunately, you only get to tell your story at trial. Pre-trial matters are an oportunity to seek a plea and I don't think your daughter should do that from the facts that you present. Hire a good lawyer, one that you trust, and then take his advice. Don't shop for the lowest price. You get what you pay for in this area like any other.

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Answered on 5/24/09, 12:49 pm


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