Legal Question in Criminal Law in New York

Misdemeanor -assault

I'm a cabbie, a passenger attacked from the backseat, I stopped, went out and maced him. Police arrested me for assault. How could I prove to the court that he attacked me first.

I didn't hit him, only maced him. What is my chance?

THank you so much

Arci


Asked on 5/20/08, 6:12 am

5 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: Misdemeanor -assault

This case is somewhat complicated .You should have filed a cross-complaint against the passenger. That not being done, were there any witnesses? If not you need a really competent criminal defense attorney, who will evaluate the facts of the case and come up with a strategy to either try the case or plea bargain. You may contact my office@7188340087 for a consultation.

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Answered on 5/20/08, 12:39 pm
Steven Czik CZIK LAW PLLC

Re: Misdemeanor -assault

Your chances would be greatly increased if you had an experienced attorney defending you and preserving your rights. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney

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Answered on 5/21/08, 6:49 pm
Alexander Roytblat Tikhomirov & Roytblat, PLLC

Re: Misdemeanor -assault

You can still establish self defense in this case. An attorney who knows how to do it will assist you with that. Hire a lawyer!!! Do not risk a conviction. Especially, because it could direly effect your immigration status if you are not a citizen of the USA. Now days immigration consequences could be much more serious than criminal ones. Call our office for free consultation. Best of luck.

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Answered on 5/21/08, 10:27 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Misdemeanor -assault

If you work you will not qualify for legal aid, thats the first thing... so you will have to contact and hire your own attorney.

second... did you file charges against the passenger as well and was he arrested?

Also, in an attack self defense is not a valid legal defense if the attack has ended and then you restart it again, so the DA's office may be seeing it that way or, simply going through the procedures with the case... we will not know until you go to court and get the DA's first offer, or have your attorney previously call the DA's office... you CAN NOT do this on your own, you are not permitted to!

You must be very careful and protect yourself, as a misdemanor charge like this carries a penalty up to one year of jail time, and may result in a permanent criminal record, all things which you DO NOT WANT!

call my office for a free phone consultation to further discuss this case at 212.709.8303 call ASAP as the earlier you begin work against this the better your chances of ending it in amore favorable result.

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Answered on 5/20/08, 10:26 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Misdemeanor -assault

You should retain an attorney to represent you in this matter. Your chances will depend upon the facts of your case. Any attorney who is going to represent you will need to meet with you and discuss everything that happened in detail before being able to render an opinion on your best course of action and possible outcomes. Please feel free to contact my office if we may be of any assistance.

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Answered on 5/20/08, 12:11 pm


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