D Felony - Assault in Second Degree 120.05(2) disposed via plea to a Violation - Disorderly Conduct 240.20(1)
Oct 16, 2017OUTCOME: Felony Dismissed - Plea to Violation
On August 29, 2017 I was contacted by a worried mother located in the Dominican Republic. She had received news overnight and was seeking legal representation for her 26 year old son who had been arre ... sted in in the Bronx in connection with a bar fight. Upon hearing the limited details conveyed to me, my objective was to get the client released from jail pending the adjudication of the case, and that the case be adjudicated in a way that would not jeopardize the client's immigration status or his employment as a licensed security guard. Upon being retained, I promptly made my way to the Bronx Criminal Court to ascertain what the client was charged with and what the Criminal Justice Agency (CJA)and the District Attorney's recommendations would be as to bail. l learned that my client was charged with a D Felony - Assault in the Second Degree 120.05(2); 3 Misdemeanors: Assault in the Third Degree (120.00 (1), Menacing in the Second Degree 120.14(1) and Criminal Obstruction of Breathing or Blood Circulation 121.11 and one violation: Harassment in the Second Degree 240.26(1). I further learned that while the CJA was recommending that my client be released on his own recognizance during the pendency of proceedings, the Bronx District Attorney's office was seeking a minimum of $10,000 bail, cash or bond. At arraignment, I learned that my client had a prior outstanding warrant due to his failure to appear in court to respond to a public urination summons. With the consent of the court and the District Attorney's office the warrant was vacated and my client entered an ACD plea as to that summons whereby it would be dismissed if he stayed out of trouble for a year. With respect to current charges, after hearing the prosecution and I on bail, the court set bail. Cross grand jury notices were given. Following the posting of a $350 bond the client was released. On the day of scheduled grand jury proceedings, I met with the prosecution at which time she confidently showed me parts of a video clearly showing my client striking someone over the head with a bottle. Undeterred by the prosecution's position and what I saw on the video, I confidently maintained my position that a grand jury would not indict my client for among other reasons, due to the lack of resulting bodily injuries. Whether due to my confidence or the lack of availability of their witnesses, the prosecution chose not to proceed with presenting the case to a grand jury and dismissed the D felony. Prior to the third appearance on the case, the prosecution first offered a plea deal involving my client pleading guilty to one of the charged misdemeanors. After we rejected that offer they offered that he plead to the above-referenced violation. After checking and deciding that a plea to the violation of Harassment in the Second Degree 240.26(1) might still pose a problem for my client from an immigration perspective, I convinced the prosecution to agree to allowing him to plea to the violation - Disorderly Conduct 240.20(1) with the added condition that my client complete a twelve week anger management program. As an added bonus, in imposing sentence, the Court indicated that if he remained out of trouble for a year therefrom, it was ordered that the violation would be dismissed and expunged from his record. Considering he started out charged with a D felony, the client was pleased with the disposition and is in the process of getting his security guard license restored.
