Assault, MOTION FOR ACCORD AND SATISFACTION ALLOWED, CASE DISMISSED

August 17th 2011
Assault
Client was a non-citizen computer programmer with a bright future. He came to the United States and was staying on a H-1-B VISA. He wanted to stay in good standing with that status. Client was charged with Assault after the police received a report of him hitting his girlfriend. The police stated that the complainant had dried blood on her lip and redness on her face. The charge of assault was to be upgraded by the District Attorney because of the physical contact alleged. However, after consulting with all the parties, Attorney Barabino drafted a Memorandum of Disposition, which was essentially a written background of the client's background as well as an Accord and Satisfaction. The Accord and Satisfaction motion allows for judges in some instances to allow for a dismissal of charges—even over the district attorney’s objection. In this case, the District Attorney objected, but the judge accepted the Accord and Satisfaction. As a result, the case was dismissed.
RESULT: Motion for Accord and Satisfaction, ALLOWED. CASE DISMISSED.