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Is Class B Misdemeanor Attempted Assault down to 240.20 with 2 year and $120 a plead guilty charge? Any poss of more reduction?

Brooklyn, NY |

The defendant is going on 2nd court appearance. Her record is clean. The case has no medical record and no one was injured. How long will this type of case go on?

Attorney Answers 6


  1. Best answer

    Accepting this offer requires pleading guilty to Disorderly Conduct which is a violation but not a crime. Given no record and no injuries I would fight for an ACD which results in dismissal. It is hard to say how long any case may take but I just got an ACD in Brooklyn on the same situation. It took 3 appearances and I had to fight to get it by going over the Assistant DA's head to the Bureau Chief.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. The defendant would be pleading guilty to Disorderly conduct, which is a violation and not crime. Therefore, it will not give him a criminal record. The sentence is 2 years order of protection and a fine. Without any more information i cannot tell you if that is the best possible plea for the defendant. Hire or at the very least consult with a private attorney regarding the case.


  3. Your question is a bit unclear. However you could plea down to a violation. See an attorney


  4. A disorderly conduct is a violation and not a crime. A violation is the lowest type of plea you can receive. Without more facts I cannot determine how long it will take for the case to finish. You should conult with a criminal defense attorney.

    This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court


  5. Yes, to a violation of Disorderly Conduct with a 2 year order of protection. A reduction could only be to a dismissal, really, perhaps in the form of an Adjournment in Contemplation of Dismissal.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  6. What's seems to have happened here is the DA has agreed to dismiss the criminal charge if the defendant agrees to plead guilty to Disorderly Conduct (a violation of law, not a crime) and abide by a 2 year order of protection and pay the $120 court fee. This is a generally good deal since it involves no criminal conviction and no anger management/community service/etc. However, it may be possible to get a deal that's even better, like an Adjournment in Contemplation of Dismissal. That would depend on the facts of the case and the skills of the defense attorney. Hire a good one.

    For more information visit www.reibsteinlaw.com. Please note that unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.

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