Legal Question in Criminal Law in New York

Third degree assault

I was initially arrested for harassment, but while I was being booked, the charge went to 3rd degree assault. The court document states that I grabbed the hood of my fiance's sweatshirt, spun her around, and held her arm causing bruising and substatial pain. My fiance, does not want to press charges, but the police officer's name is listed as the complaintant. A refrain from order of protection was taken out against me at the arraignment. My fiance says that the police officer pressed her to make the civilian arrest of harassment because I was rude and uncooperative. While making the arrest, my fiance stated,''They want me say that I am making a civilian arrest of harassment against you.'' The police were only called because my fiance ran over my leg with her car. I called them. They wouldn't take a complaint from me because they said it was an accident. Is there anything that my fiance can do to stop the charges? Also, what will happen if she does not show up for the pre-trial? What are the typical results from third degree assault charges for a person who doesn't have any past criminal history or even traffic violations? In addition, can my attorney take a statement from my fiance stating that she does not wish to pursue charges?


Asked on 4/11/04, 8:08 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Third degree assault

This may not be as bad as it seems. First: do you have a lawyer?

second - The DA still has to present evidence. If the actual witness chooses to not testify, or testifies in a way such that the elements of the crime are not established, then you will be found 'not guilty'.

But you will want to avoid a trial. This can be done by having your lawyer talk directly to the supervisor of the assigned DA. The assigned DA will be a kid 6 months out of law school on a case like this. He will not be able to do anything on his own. Getting to his supervisor will require some energy and committment from your lawyer.

If he won't do it, get a new lawyer! Based on your statement, this should not go to trial. Trial is always bad. (1) it is expensive and (2) you cannot control the outcome.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/11/04, 10:12 pm
Robert Evans Robert S. Evans esq.

Re: Third degree assault

It appears that you have an attorney ,if so he will be able to interview your fiancee to determine her level of cooperation. that being said if she voluntarily contacts your attorney then he will proceed with this info to the D.A.'s office and attempt to resolve this matter without the need of a time-consuming and costly trial. If you do not have an experienced criminal defense attorney ,you may contact my office @718-834-0087.

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Answered on 4/12/04, 10:55 am


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