Our firm recently represented a criminal defendant in a local city court charged with the following offenses under 2 separate dockets:
1) Attempted Assault in the third degree (Penal Law §120.00); and 2) Harassment in the second degree (Penal Law §240.26).
1) Assault in the third degree (Penal Law §120.00);
2) Menacing in the second degree (Penal Law §120.14);
3) Criminal Mischief in the fourth degree, three counts (Penal Law §145.00); and 4) Harassment in the second degree (Penal Law §240.26).
The charges stemmed from two incidents of alleged domestic violence that occurred within a twelve hour period. The defendant was alleged to have threatened his wife with a knife, and assaulted his wife by throwing a computer monitor and glass table at her.
Both cases were fully prepared for trial. On the first day of jury selection, both cases were dismissed when the People could not present a prima facie case.