Criminal defense attorney Andrew Proto recently had Assault in the third degree and Harassment charges dismissed in the Yonkers City Court. Complicating matters was this charge took place during the height of the COVID-19 pandemic as the court was operating by virtual appearances and a partial shutdown. However, Andrew’s aggressive approach led to a dismissal of the charges in less than one month.
The case involved a domestic disturbance between a husband, wife and their newborn child. Andrew immediately began work on the case just prior to arrest. Andrew was able to arrange for his client to be released on his own recognizance (ROR) and quickly obtained all statutory discovery. Upon reviewing the facts of the case, speaking with witnesses and reviewing discovery Andrew determined there was a valid self defense argument. Andrew immediately contacted the District Attorney’s Office. After the District Attorney’s own review and investigation, the matter was dismissed just prior to the scheduled virtual nonjury trial. Swift aggressive work by Attorney Andrew Proto brought a speedy conclusion to the matter.
Assault Meaning in New York
In New York State, there are three degrees of Assault. Only Assault in the third degree is a misdemeanor charge. Assault as a felony includes second degree and first degree assault. The alleged type of injury determines what type of charge will be filed with the court.
Regarding injuries, there are two types of injuries a Physical Injury and a Serious Physical Injury. An additional factor is if a weapon was allegedly used in allegedly causing the Physical Injury or Serious Physical Injury.
Defenses to an Assault Charge
Common defenses to assault charges are Self Defense (most common defense), Defense of Others, Consent (i.e., an agreed upon fight); Duress, Necessity and Lack of Mental State.
Get The Defense You Deserve With Our Help Today
For 20 years Attorney Andrew Proto has practiced in the area of criminal law in Westchester County. First, as a Westchester County Assistant District Attorney and now as a criminal defense lawyer. Andrew is a publish author in the area of criminal law and holds awards and distinctions for his work including five star Google reviews. Andrew is a partner and co-owner at the White Plains and Peekskill law firm of Proto, Sachs & Brown, LLP.
If you or a loved one needs a lawyer for an assault charge call Proto, Sachs & Brown, LLP for a free initial consultation. (914) 946-4808. We are assault defense attorneys and can help.