Recently, in a Westchester County, NY criminal matter handled by Gallivan & Gallivan, our client, a 20 year-old male, was arrested and originally charged with Assault in the second degree, a Felony, after a fight with his mother’s boyfriend. The boyfriend was a 46 year-old with a criminal history of his own.
After Grand Jury testimony was obtained, the charges were reduced to four Misdemeanors and one violation. Our client was charged with the following:
Assault in the third degree (PL 120.00);
Menacing in the second degree (PL 120.14);
Criminal Possession of a Weapon in the fourth degree (PL 265.01 – 2 counts); and Harassment in the second degree (PL 240.26).
Fully prepared for trial and pursuing a justification defense (self-defense), on the first day of jury selection, all charges were dismissed.