Legal Question in Criminal Law in New York

Brother charged with assault

My brother has been charged with

assault misdemeanor,it's his first

time charged with this offense and

only has been arrested once 13-

14years ago for DWI. He got into an

altercation with his dad. He is going

to court and although the

complaining witness signed a

statement the night of the offense

his dad has has now dropped all

charges . The DA is proceeding but

what can he expect? jail, anger

management? etc, fines? the case is

now in Domestic Violence court.

Also while he's going through this he

got a pink ''petty offense'' summons

for open container of alcohol, he sent

his plea and payment through the

mail within the time specified on the

summons. He does have an order of

protection not to contact or harass

where he used to live but the address

on summons is the address of his

State ID, his former address where

he is supposed to stay away from. He

mailed in his payment with that

address, is he violating the order of

protection? Again the police officer

used his ID address which is the

address where he's supossed to stay

away from but that's is his legal

address? Will the open container

summons be refused? Thank you

very nervous about this.


Asked on 4/19/08, 3:04 am

4 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Brother charged with assault

This is in response to your questions. First of all, do not worry about the summons, as long as your brother had sent the payment in on time, he is fine. Also, as far as the address is concerned, I do not see a problem, as long as he stays away from the residence and does not contact the victim. However, he should be concerned with the assault charges, the DA will push for a plea and your brother may end up with a criminal record. The fact that the case is being heard in the Domestic Violence Unit is a very serious matter (worse than Criminal Court). I am highly experienced with these particular issues and I strongly suggest for your brother to hire an attorney. Feel free to contact me by e-mail.

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Answered on 4/19/08, 6:15 am

Re: Brother charged with assault

You don't say what County this is in but if you Dad is not cooperating, it will be very hard for the DA to make out a case. Its not impossible (can be done with medical records and admissions if any were made). Your brother should hire a good criminal defense attorney and if the circumstances are good, hold the DA to its speedy trial time so they case can get dismissed. I am a former federal and state prosecutor and now do criminal defense work so please feel free to contact me. The above is for informational purposes only and not meant as legal advise.

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Answered on 4/19/08, 8:53 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Brother charged with assault

Your brother should retain an attorney, due to the nature of the case. Just because you father is not cooperating does not mean the DA is unable to proceed with their case. Please feel free to contact my office if we may be of any assistance in this matter.

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Answered on 4/19/08, 2:04 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Brother charged with assault

Overall, the prosecution needs a complaining witness to gow forward. however, tht being said... If the father has signed a statement to the DA's office and the police the DA's office may continue to pursue these charges without the cooperation of the father.

IF the father is not cooperating further, i would suggest that you hire a competent attorney to handle this case for you and you may end up being able to have the entire case dismissed... however, keep in mind that the prosecution does have every right to continue this case without the assistance of your father, for at the very least the statutory period permissible in this case.

Please fee free to contact my office for any further assistance at 212.709.8303

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Answered on 4/30/08, 3:23 pm


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