This was a tough one.  The client, whom I have represented before, was going to be charged with several violent felonies, including Felony Assault in the 2nd Degree, Strangulation, Obstruction of Breath, False Imprisonment, among others, stemming from an incident he had with his girlfriend.  The girlfriend had been taken to the hospital and was there for a couple of days.  The allegations were very serious.  The client, smartly, retained me immediately so that I could work on the case and prepare it before he was even arrested.  I was able to arrange his surrender with the assigned Domestic Violence Detective for about a week later, which gave me plenty of time to prepare our defense strategy.  I cannot go in to detail about how, but on the day I surrendered him for arrest, he was walking out the door later in the day as the prosecutor was persuaded that she could not prove the case.  The prosecutor “DP’d” the case- Declined Prosecution.   When they pulled the client from the cell, he thought he was going to see the judge for his arraignment, only to find out he was walking out the door.  As the client was facing a minimum of 2 years in prison, this was an extraordinary outcome.

I understand some people may have an issue with this.  I, of course, do not personally condone any kind of violence, especially domestic violence.  In fact, I abhor it.   But the job of a defense attorney is not to be a judge or a prosecutor.  Our responsibility is singular- to zealously represent our clients.  A good defense lawyer knows how to separate his/her personal feelings from their professional responsibilities.  You have to do your best, regardless of the nature of the allegations.  And from a professional standpoint, I was very pleased with this outcome.

CategoryNY Criminal Law