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Assault 3rd, No witnesses, Accuser word Vs mine.

Rochester, NY |

I was arrested with assault 3rd in the sping of 2008 in a case of the accuser word v mine His depostion states I hit him first.In reality, the accuser sucker punched me first, which led to me recieving a massive swollen/black eye. I then tackled him after the strike where which he broke his arm.I contacted a Lawyer and would get a ACD if I paid restitution.I never made any payments and heard nothing from the court untill feb 2011 when they contacted me regarding them having old cases which had no final depostion. I went to court and can recieve a ACD if I pay $1100 restitution.I'm innocent and do not want to pay this.The arresting officer told me he did not beleive I should have been arrested but the chief made the call because the accusers neighbor is a ADA and told him to makeit. advice?

Attorney Answers 3


Hire a lawyer and fight the charge.

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It sounds like you may have a justification defense based upon self defense. Pursuant Penal Law 35.15 a person may use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person. I suggest you remain silent and consult with an experienced criminal defense attorney who after reviewing all of the available evidence can provide you with a more definitive opinion.

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You do not have to accept the ACD. You are presumed innocent. The State has the burden of proof. Speak with your attorney and decide after reviewing the discovery if you wish to go to trial or not. There may also be an issue of speedy trial which you should discuss with your attorney.

Good Luck-

Note: For informational purposes only.

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