August 10th 2022
Assault & Battery
Assault & Battery
Strangulation and Suffocation
Strangulation and Suffocation
Client was all around great guy with no record who was charged with a variety of offenses. Those offenses included but not limited to assault and battery (2 counts) and strangulation and suffocation (2 counts). The client was arrested and brought to court and released on 58A Dangerousness conditions. According to police, he was with his wife visiting his parents when there was a dispute that became physical. After a full review with client and his wife, who witnessed the altercation, it was clear and apparent that client would have a very strong claim of self-defense at trial, at which would most certainly result in his acquittal. However, despite the strength and confidence that would expect, we also know there are no guarantees. Even if Defendant was successful on ¾ of the charges, but not all—the results could be catastrophic since one guilty conviction would have significant immigration consequences, besides the normal concerns such employment issues, license to carry firearms, CORI clearances. As a result, we sought to attempt to bring this matter to conclusion without a trial, yet with the assurances of a dismissal. The first thing we did was to demonstrate, in writing the history and background of the client. Also, demonstrating to the District Attorney what occurred and when and the possibility of a conviction was remote, and at the same time massively impactful to the Defendant. In summary, the District Attorney was patient and through and after discussing the matter with the alleged victims an agreement was made for a trial readiness conference or a bench trial without a waiver of rights, which if successful would result in a dismissal. That event occurred today, and the case was in fact dismissed in its entirety. Criminal Record Preserved.
RESULT: Trial Readiness Conference Dismisses Case
