Legal Question in Criminal Law in New York

Felony D Assault Charge

I got into a fight with a guy that I was dating, and he later pressed charges against me. He attacked me first with a telephone receiver, and I reacted by fighting back. He claims there were weapons involved, and now this case is being charged as domestic violence. It has almost been two years since this disput, and I have not tried to contact or see him in any way shape or form. I do not have any prior records. However, the judge wanted to keep me in jail because I had no other place to go. I did spend six days in jail over this and lost my job. I posted bail, but I failed to show up to a court date. Now I have a bench warrant. How should I go about getting this taken care of? Would it be better to turn myself in with an attorney? Will I be thrown in jail? Can this be charged as domestic violence, even though we are not recognized by the state as a legal couple? He also claims that I did not rightfully live at the address where this happened. I need to know my rights.


Asked on 12/05/03, 2:01 pm

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Felony D Assault Charge

Clearly, you must turn yourself in. If done by a lawyer, you may not have to spend a couple of days in jail before you see a judge.

Legal Aid or Legal Services may be able to provide you with free legal assistence in this matter.

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 12/06/03, 12:02 pm

Re: Felony D Assault Charge

You definatley turn yourself in and do it with a lawyer. You may even be able to get your bail reinstated - as it stands now, the Judge most likely ordered it forfeited when you failed to appear in court. If you return within 1 year, the court can reinstate the bail. In addition, I lawyer will be able to protect your rights and is better able to deal with the prosecutor to work out a fair disposition or prepare the case for trial. It sounds like you can rely upon the defense of self-defense.

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Answered on 12/05/03, 5:01 pm
Robert Evans Robert S. Evans esq.

Re: Felony D Assault Charge

You must turn yourself in inasmuch as there is now an outstanding warrant out for your arrest. I would strongly urge you to retain an experienced criminal defense attorney to help facilitate this process.By volunterily surrendering you may possibly have your bail reinstated.For people who have had an existing relationship a domestic violence prosecution is proper. Without more details I cant offer any further advise. You may set up an appointment with my office if you wish by calling 718-834-0087

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Answered on 12/05/03, 7:01 pm


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