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PL - 120.00 01 I was attacked and defended myself but ended up with 120.00 (1)

Brooklyn, NY |

a woman attacked me on the train after an argument. First her friend pulled my hair and kicked me before leaving the scene. Then she stomped on my foot - stupidly I returned the favor. She then started kicking me and I kicked her kicking leg and pushed her off - witnesses claimed I punched her. I did try to run off because people were trying to videotape this. She had 2 minor cuts on her lip. What is going to happen?

the police did say they admitted to attacking me, but I'm not sure that is in the report - the friend also kicked me in the head while I was detained - they were very violent and instigated the whole thing.

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Attorney answers 5


Justification (legal name for self-defense) is a defense to the charge. You should get a good lawyer and see what investigation can be done. Maybe there are surveillance cameras; maybe the admissions are in the police paperwork. I am a former federal and State prosecutor and now handle criminal defense so feel free to check out my web site and contact me if you wish to retain counsel.

The above is for informational purposes only and not meant as legal advice.


Penal Law section 120.00 Assault in the Third Degree is a class A misdemeanor which carries a maximum jail sentence of one year. I can not tell you what is going to happen, but I can offer to you some suggestions. Consult with and retain an experienced and seasoned attorney, preferably one that has also been a former prosecutor to represent you. This way you can have a defense strategy in place well before your next court date.


It sounds like the woman, and her cohorts, were the initial aggressors and that you used reasonable force to defend yourself? It sounds like you have a solid justification defense. it also sounds like her injuries are fairly minor and may not even qualify as assault level injuries.

I recommed you retain and experienced criminal lawyer who can defend the case and woork to protect you from a criminal conviction.

If you would like to discuss your case further, please feel free to contact me at anytime.

Best regards,

Tom Kenniff


Bottom line, you have a legitimate defense but definitely need an attorney to fight for for you. Your currently charged with an "A" misdemeanor which carries a maximum penalty of a year in jail and a $1000 fine. If you have no prior arrests or convictions, you should be able to walk away from this without a criminal conviction, but it may take numerous court appearances. Even if you have priors, this could still be resolved favorably, however it will require more work and court appearances.

Feel free to call me to discuss this further.
(718) 490-6635 James Galleshaw


There definitely seems to be a justification defense. You also need more information about the alleged "victims'" injuries. You said one had 2 minor cuts on her lip. Remember the DA has to prove injuries that rise to the level of the crime. Without photographs or medical records, they may have a difficult time proving the case and your attorney may be able to do a motion to dismiss-depending on the facts.

Good luck. I'm happy to answer any questions. Please feel free to contact me at the number (914) 588-2679.

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