Assault

Felony Assault Charges in the Subway Dismissed

Lance’s Client was walking through a crowded subway train during rush hour and got into an argument with another passenger who accused our client of bumping into them. Our client allegedly assaulted this other passenger and, due to the severity of the attack, was charged with felony assault. Because it was a crowded train, there were numerous witnesses. This case was covered in the media and the district attorney was under considerable pressure to bring it to trial so they could recommend a possible state prison  sentence. Our investigation into the complainant and nature of the alleged injury raised important issues about whether the complainant was actually injured and whether the account they provided to the NYPD was accurate. We were able to negotiate around a prison  sentence and obtained a disposition to a misdemeanor for attempted assault.

Assault 1st Degree

Lance’s client was arrested for stabbing an acquaintance with a knife after several witnesses saw blood in the hallway, and observed our client in video surveillance with the victim. A bloody knife was later recovered which was tied to our client. Client faced up to 25 years in prison . We acted quickly to interview certain witnesses who were initially the key prosecution witnesses but provided critical information that was valuable to our perspective which was that our client was not criminally responsible. After carefully reviewing police and medical records and aggressively fighting in court for several months, we were pleased to have our client’s case dismissed and our client’s record sealed. Getting our client’s record sealed was very important to our client because of a professional license our client held and which could have been lost with a conviction.

 

 

Bar fight gets client arrested (Manhattan)

Client, after a long night of drinking and dealing with mental health issues, allegedly lost her temper and struck another patron in the face and body all of which was captured on video surveillance. The victim suffered injures and had medical bills in addition to substantial pain. Client turned to Lance Fletcher for help. After Lance Fletcher reviewed the complaint and evidence, he was able to negotiate a deal with Manhattan prosecutors that avoided a criminal record. Outcome: client only pled guilty to a non-criminal violation, no criminal record, no jail, no probation.

Assault in the First Degree with Knife dismissed after long court battle (Manhattan)

Client was waiting at a busy intersection when he got into a verbal argument with another driver who approached our client when our client allegedly took out a knife and stabbed the other driver causing serious injuries that required surgery. We fought back on the grounds of self-defense, an affirmative defense in New York. We refused any plea bargain. Case ultimately dismissed.

Assault and Burglary inside an Upscale Midtown Hotel (Manhattan)

Our Client was arrested for entering a hotel room with the intent to commit a crime. After entering, he allegedly committed a felony assault against one of the occupants. When the police arrived, they found our client still at the scene. He was identified and arrested. He faced up to 25 years in prison. Despite a strong case against our client, we carefully reviewed police records and investigated the person who claimed he was assaulted. Based on this investigation and a motion filed in court, we were able to get our client’s case completely dismissed and sealed after several months of fighting in court.

Felony Assault on a police officer in Brooklyn resolved with a violation, no criminal record, no jail, no probation

Our Client accused of assaulting a police officer by running him over following an argument about being double parked. Client was a licensed professional facing a possible state prison sentence and, as a convicted felon, the end of his career. Outcome: All criminal charges dropped, no criminal conviction, no jail time following negotiations with the prosecutor after we pressed the prosecutor for certain missing evidence that we detected.

Burglary

Burglary and Assault inside a Luxury Midtown Hotel (Manhattan)

Our client was arrested for entering a hotel room with the intent to commit a crime. After entering, he allegedly committed a felony assault against one of the occupants. When the police arrived, they found our client still at the scene. He was identified and arrested. He faced up to 25 years in prison. Despite a strong case against our client, we carefully reviewed police records and investigated the person who claimed he was assaulted. Based on this investigation and a motion filed in court, we were able to get our client’s case completely dismissed and sealed after several months of fighting in court.

 

 

High-speed Chase Following an Alleged Burglary in Brooklyn. Probation, no jail.

Our client was indicted for Burglary in the Second Degree (a violent felony) after seen fleeing the burglary location which developed into a high-speed police chase. A Pedestrian was struck and injured. Our client had several prior arrests. Case was resolved with probation, no jail time

 

 

Burglary. Client found inside victim’s house in the middle of the night in Manhattan.

The victim positively ID’d our client in a line-up and our client had a long record for property crimes and other offenses. Client was facing up to 15 years in jail. We decided to fight it to trial. At trial, Lance successfully cross examined several forensic experts who admitted to certain problems with the government’s case related to some of the fingerprint evidence. Jury Verdict: Total Acquittal – We won – all charges dismissed.

Burglary case knocked down to disorderly conduct (Manhattan)

Our client was arrested with several other people for a burglary of a Manhattan office. After our client was arraigned in criminal court and charged on a criminal court complaint with burglary in the third degree, PL 140.20, we met for the case evaluation. Our client was very upset and ashamed to be in this situation. During the consultation, we discussed defenses in the penal law and ways to mitigate the severity of the situation. Before the Manhattan District Attorney had a chance to indict the case, we were able to negotiate a deal to have the felony charges dropped and replaced by a plea only to disorderly conduct, a non-criminal violation with no criminal record. Instead of jail, our client performed community service.

 

 

Burglary case dismissed in Brooklyn

Our client was arrested for a burglary in an apartment building in Brooklyn because it was argued that our client entered unlawfully to commit a crime inside. Our client was charged with burglary in the second degree (PL 140.25) and burglary in the third degree (PL 140.20). Burglary in the second degree, the most serious charge, is a class C violent felony carrying up to 15 years in jail. After the arrest, our client came to see us to go over the options. We discussed defenses unique to burglary charges and determined the best strategy to investigate the complainant and underlying circumstances. After numerous consultations with the Brooklyn district attorney, review of court paperwork including the complain and discovery, and legal research, we decided to fight the charges and continue with a plea of not guilty. After several months of litigation, we noticed a procedural error made by the prosecutor and successfully moved for dismissal. Case dismissed and sealed.

 

 

Burglary case resolved with no criminal record in Brooklyn

Lance’s client was arrested with several other people for illegally entering a commercial building at night with the intent of committing a crime inside. Our client was charged with burglary in the second degree, a class C violent felony. After our client was released, our client’s family contacted us for help. After conferencing the matter with the Kings County District Attorney, we worked out a deal where our client would only have to plead guilty to disorderly conduct and pay a small fine. There was no criminal record (because disorderly conduct is not a crime), no jail, no probation.

 

 

Gun Possession

All criminal charges dropped for tourist found with illegal gun (Manhattan)

Our client, visiting New York with his family, was found to be in possession of an illegal loaded firearm. The police, seeing this, asked our client about it and our client admitted that it was his. He was arrested and traveled to see us for the case evaluation. During the case evaluation, we discussed the fact that gun charges, in New York, are serious because you face a 3.5 year sentence even if it is your first time being arrested and even if no one got hurt with the gun. Additionally, the case against our client was strong given that he was found in possession and confessed. We proposed several strategies that have helped similar clients in similar situations and started working on his case right away after being retained. We contacted the prosecutor and started immediate negotiations to avoid the harsh outcomes that are possible in cases like this. After several months of negotiation and meetings, we worked out a deal with the prosecutor where our client would only be convicted of a non-criminal offense called disorderly conduct. As part of this deal, there was no jail, no criminal record, no probation, and only a small fine.

Case dismissed for gun case in Brooklyn

Lance’s client was arrested for being in possession of a loaded, illegal pistol that was loaded. Despite facing a strong case, Lance’s client came in right away after the arrest to start fighting back against the situation. Lance went over different defenses and examined the evidence. Facing a three and a half year prison sentence, even for a first arrest, Lance’s client was determined to avoid jail but also avoid trial. After a few months of litigation, Lance was able to successfully raise doubt about the provability of the possession element of the charge. Shortly thereafter, the Kings County Prosecutor offered to completely dismiss the case. Case dismissed, no jail, no criminal record, no probation.

No jail in Queens gun case

Lance’s client was trying to pick up a friend at the airport when he was approached by the police. They asked him if he had a gun and he said yes and gave it to them. After being arrested charged with criminal possession of a weapon, PL 265.03, he came to see Lance for a case evaluation. Because possession of an illegal gun in New York carries a three and a half year minimum sentence if it’s your first time, he was understandably worried about his case. Lance went over the different options available and what it would take to succeed. After being threatened with prison time for over a year of court appearances, Lance negotiated a breakthrough deal that carried a non- jail sentence.

Loaded firearm in Client’s personal bag (Manhattan)

When going through a security checkpoint, our client was found to have a loaded firearm in client’s personal bag. When asked about it, client admitted it belonged to client. Case was covered in the press because client had the type of job that made the arrest newsworthy. Facing a minimum of 3.5 years if convicted, client turned to us to help. We reviewed the evidence and details of the search. After lengthy negotiations with the prosecutor, we worked out a deal involving only probation instead of jail.

Criminal Possession of a Weapon

Illegal Knife at the Airport (Queens) Case Dismissed, Client didn’t have to come to Court

A businessperson was traveling internationally and going home when TSA found a knife in his carryon luggage. He was arrested, fingerprinted, photographed, and given a desk appearance ticket. After returning to his country, he found Lance Fletcher online and called. Lance Fletcher appeared for him in court, saving our client a difficult trip back to the US (and potential immigration problems due to the arrest) and worked out everything in court. Lance Fletcher made a deal with the judge to have client’s case dismissed, no conviction, no community service, no fines. (D783)

Tourist with Illegal Knuckle Knife in Carry-on at Airport gets Case Dismissed

A tourist didn’t think twice when buying a novelty item in the city but when submitting her luggage through a security checkpoint at the airport, a knuckle knife was found and client was arrested and given a desk appearance ticket. She called Lance Fletcher for help given our experience with these matters. Lance Fletcher was able to appear in court for her and fought the case on the grounds of a technicality – namely that the alleged knife was actually not a knife. Result: Case dismissed, no criminal record and client never had to come to court. (D543)

Client visiting NYC Arrested for Billy Club in Luggage at Airport

Our client was arrested after police found a metal billy club packed in her carryon luggage. She was charged with criminal possession of a weapon which carries up to 1 year in jail and given a desk appearance ticket. She hired Lance Fletcher. In court, Lance disputed the evidence and negotiated a deal to have her case ultimately dismissed. Result: Case ultimately dismissed. (D414)

Ticket for Possession of Ammunition at Airport Dismissed

A tourist was checking his luggage when TSA notified him that suspected live ammunition was recovered from his carry-on. Client, who shoots firearms as a hobby, forgot about it when packing. Client was issued a criminal court ticket. Client contacted Lance Fletcher who was able to appear in court for client and negotiated a winning outcome. Result: Case ultimately dismissed, client didn’t have to appear in court. (D253)

Criminal court appearance ticket for a bullet in client’s luggage successfully resolved

Our client, visiting from the midwest, forgot about a bullet in her luggage which was found by TSA during routine screening. She was issued a pink ticket directing her to appear in NYC criminal court. She contacted us and Lance Fletcher was able to help. Result: Case ultimately dismissed, client never had to come to court. (C137)

Domestic Violence

Client gets into a fight with client’s mother on client’s wedding day

Client, a licensed professional, had ongoing personal problems with client’s mother and it erupted on client’s wedding day when client allegedly grabbed, struck, and hit client’s mother causing client’s mother to sustain redness and pain. Client’s mother later reported this to the NYPD. After being contacted by the NYPD, client retained Lance Fletcher. Client was understandably worried about criminal penalties and the effect that conviction could have on client’s career. Lance Fletcher negotiated a time for client to surrender so that the case could be fought in court. Upon reviewing the charges, Lance Fletcher noticed that client’s constitutional rights were violated. Outcome: case dismissed, no criminal record, arrest photograph and fingerprints sealed. (D618)

No criminal record, no jail, no probation following domestic aggravated harassment arrest (Manhattan)

Lance’s client was arrested for threatening to kill the complainant which made the complainant fear for his safety. There were other threats to kill the complainant allegedly made over email. Client faced immigration risks if convicted. We successfully got the criminal charges dropped and client only had to perform some community service.

A105

Client arrested for assaulting the mother of his child in Manhattan

Our client was arrested for pushing, striking, punching, and pushing his girlfriend in front of their child who was a minor. He faced up to a year in jail and a permanent criminal record. We reviewed the statement that the complaint made to the police and compared it to other statements that she made which allowed us to come up with a list of certain glaring inconsistencies. In raising this with the prosecutor, we were able to get our client’s case eventually dismissed.

A064

Domestic Aggravated harassment case in queens dismissed

Our client contacted us because the police called him and wanted to “speak with” him about his ex-wife’s complaint that he had threatened to kill her over the phone and by text message. We recognized his situation right away as one in which the police planned to arrest him. We protected our client’s rights during the arrest process and mounted a vigorous defense in court. Based on our review of our client’s phone records, we saw that the complainant was clearly lying about certain things and exaggerating others. After lengthy negotiations with the Queens District Attorney, we got a deal to get our client’s case completely dismissed as long as he obeyed a six month order of protection. So, all charges ultimately dropped, case dismissed, no criminal record.

A059

Domestic violence assault on video dismissed in Manhattan

Lance’s client allegedly assaulted a coworker and former intimate partner. The assault happened outside and was captured by a security camera. Client admitted to being in the footage and, therefore, that client had assaulted the complainant. Lance fought this on the grounds that there was insufficient proof of injury and he raised issues about the discovery that had been turned over by the prosecutor. Due to certain legal issues, Lance was able to negotiate an outcome where the case would be completely dismissed as long as a 12 month order of protection was obeyed.

C349

No jail, no probation following assault of wife

Our client was arrested for reportedly grabbing and slamming his wife on the floor of their apartment which was witnessed by his wife’s child. Our client was facing up to a year of jail. The prosecutor wanted to bring our client to trial and had recommended a six month sentence to the judge based on the injuries, our client’s lack of remorse, and the strength of their case because they had an eye witness. We provided mitigating information that showed the prosecutor that there was more to the story that what she was told. After lengthy negotiations, we arrived at a substantially improved deal that avoided jail all together. Case resolved with a misdemeanor, no jail, no probation, counseling.

D349

Domestic assault charges dismissed in Manhattan

Lance’s client was arrested for assaulting his girlfriend inside a Manhattan apartment. Client held a professional license and any conviction would have to be required during renewal which could have lead to permanent loss of the license. During our defense, we investigated and raised questions about the complainant’s mental state and how it could have logically affected her ability to truthfully and accurately communicate with the police and District Attorney. After making this point to the prosecutor, we joined in a motion to dismiss our client’s case and have the record sealed.

#D366

No criminal record and no jail after domestic violence assault and broken bone (Manhattan)

Client, a financial services professional, was arrested for assaulting his wife and mother of his child. It was a violent assault that allegedly resulted in a broken orbital bone. Our client faced up to 1 year in jail and a permanent criminal record that would have to be reported to his licensing agency. The prosecutor demanded a 90 day sentence which re rejected. Just before going to trial, we obtained information that allowed us to renegotiate. We obtained a new offer and worked out a new deal that got rid of the jail time and would remove the criminal (misdemeanor) conviction as long as our client completed a program.

D028

Domestic violence assault with broken bones and surgery resolved with no jail (Manhattan Supreme Court)

Our client, a licensed professional, was arrested for punching the complainant in the face several times, causing bleeding and broken bones. It was witnessed by another person who later spoke to the police about what happened. Case indicted meaning that the District Attorney brought the charges to a grand jury in order to elevate the case to Supreme Court. Although the prosecutor was pushing for a jail sentence, we carefully prepared a convincing mitigation package that resulted in a deal to a misdemeanor and no jail.

C638

Domestic violence imprisonment and assault in Queens resolved with criminal charges dropped

Lance’s client was arrested for allegedly imprisoning his wife in that he didn’t allow her to leave and blocked all exits and assaulted her in the face and body. He was arrested and charged with several misdemeanors carrying up to a year in jail. We had helped our client in the past with other arrests and our client was worried that, as a repeat offender, the prosecutor would be harsher. Our client was correct – the prosecutor fought for jail time. In the end, we were able to get it reduced to a non-criminal violation and no jail, no probation.

D401

DWI / DUI

DWI Accident – Client hit a State Police car in Manhattan

Client struck a marked NY state patrol car. After the accident, police claimed client had bloodshot and watery eyes, smelled like alcohol. Client said he only drank three beers but later blew a 0.11 which is consistent with a lot more than three beers. Client, understandably scared about the possibility of up to a year in jail for a DWI accident in Manhattan, hired Lance Fletcher to fight the charges. Lance Fletcher reviewed the police reports, video footage, calibration records for the breathalyzer, and successfully disputed the charges. Specifically, Lance Fletcher noticed that client’s N.Y. State constitutional rights were violated. Result: case dismissed, no criminal record. (D407)

Professor hits other cars and Leads cops on a High Speed Chase in Manhattan DWI

Client, a professor in NYC, hit a car and kept driving. When a police car tried to pull client over, client kept driving causing cops to chase client. When client eventually pulled over, police said client smelled like alcohol, was unsteady on the feet, and admitted drinking. At the precinct, client refused to take the breathalyzer and did poorly on coordination tests. Client called Lance Fletcher for help. Client faced up to a year in jail. Result: Case successfully resolved with no jail, no probation, no community service, small fine and alcohol classes. (B697)

DWI and Leaving the Scene of an Accident – Queens

Our client was allegedly driving and hit another car, causing significant damage to both cars. Our client was observed trying to drive away despite the fact that a front wheel of his car was nearly severed in the accident. Client was found a little distance from the accident in his car which came to a stop in another intersection. Police said client smelled like alcohol and seemed unsteady on his feet. Client nearly fell asleep in the back of the police car on the way to the precinct. Brethalyzer confirmed client was under the influence of alcohol. Client faced up to a year in jail and a criminal record. Client contacted Lance Fletcher who immediately ordered a copy of the police reports, accident report, photographs, video surveillance, and all official records concerning the incident. Result: Lance Fletcher successfully negotiated a deal to have the charges reduced to non-criminal violations and client had to pay fines, attend brief alcohol counseling sessions, but no jail and no probation. (D532)

DWI – Client Crashed into a Taxicab and Refused Breathalyzer – no jail, no probation (Manhattan)

Client was trying to drive home, got lost and hit a taxicab stopped at a red light and tried to drive off. NYPD observed client trying to drive away and pulled our client over. After refusing the take the breathalyzer, client was arrested and charged with operating a motor vehicle while intoxicated and faced up to a year in jail. Client contacted Lance Fletcher after getting released. After fighting the charges and pointing out many positive things client has done to help others, Lance negotiated a deal to avoid jail and avoid probation. Additionally, Lance appeared with client at the DMV and avoided a 1 year suspension for refusing to take the breathalyzer. Result – no jail, no probation, small fine, alcohol program. (D451)

DWI in Brooklyn – Client blew 0.13 and asleep

Client was arrested after being found asleep at the wheel and in a situation where it seemed like he fell asleep while driving. Client failed the sobriety tests including coordination tests and the breathalyzer (he blew a 0.13). Client retained Lance Fletcher who went to work immediately by disputing the sufficiency of the evidence and police procedure. Lance Fletcher also reviewed video of the coordination test and noticed client didn’t do as poorly as the police claimed. Client faced up to a year in jail and a criminal record. Outcome: Negotiated down to a traffic infraction, no criminal record, client agreed to do some treatment and license suspension lowered down to the legal minimum (D467)

Manhattan DWI and client blew over twice the limit

Our client was arrested for Driving While Intoxicated with a blood alcohol level of over 0.18 and charged with a misdemeanor which would have created a criminal record and the risk of up to a year in jail. In fact, client was charged with 1192.2 for operating over 0.08 and 1192.3 for operating in an intoxicated condition. Outcome: All criminal charges were dismissed.

Manhattan DWI with marijuana or Driving While High

Client was arrested for driving while high due to a strong odor of burning marijuana and burnt marijuana found in his car. Officers also noticed client was driving erratically and seemed high. After being arrested for Driving While Intoxicated and illegally possessing a marijuana cigarette, I successfully convinced the prosecutor to dismiss all criminal charges on the first court appearance.

Manhattan DWI – lawyer drives drunk and hits police car with its lights and sirens on

Our client, a lawyer, was driving and hit a marked NYPD car that had its lights and sirens on. At the precinct he blew a 0.12. In court, he was charged with operating while intoxicated and faced up to a year in jail and possible loss of his license to practice law. Client called Lance Fletcher for help. After mounting a careful defense which involved reviewing the accident report, police report, complaint reports, criminal court complaint, and reviewing the exact details of the calibration of the breathalyzer, Lance Fletcher successfully negotiated a deal to keep his client out of jail and his law license intact. Result: case reduced to a traffic infraction and client agreed to attend alcohol counseling and pay a small fine.

Brooklyn – DWI and Client drove into a Park

Client was arrested after client’s car observed off road, in city park. When NYPD officers approached, they allegedly observed client in an intoxicated condition with bloodshot and watery eyes and the smell of alcohol emanating from Client’s car. Client also had several open containers of an alcoholic beverage in the car. Client faced up to a year in jail and a criminal record. Client retained Lance Fletcher to fight the DWI charges. Outcome: Reduced to a traffic infraction, no criminal record, brief alcohol program and minimum license suspension.

Queens DWI – Client asleep and later blew 0.14

Our Client was observed asleep in car by the NYPD. Officers had to spend a little while tapping on the window to wake client up. When officers spoke with client they smelled alcohol and noticed client was slurring his words. At the precinct, client blew over 0.14 (almost twice the limit) and fought with arresting officer. Client faced up to a year in jail and a criminal record. Outcome: Lance Fletcher successfully negotiated charges down to a traffic infraction, minimal license suspension, and a short alcohol program.

Drug Crimes

Drug Sale Felony in Manhattan worked out with no jail, no probation, no felony.

After our client was observed holding a bag with several hundred tablets of a controlled substance, he was charged with a serious felony, punishable by up to twelve (12) years in State prison – Case reduced, no jail and no probation. A999

Major Marijuana Operation – Manhattan

Our Client was caught growing numerous marijuana plants in client’s basement during search warrant execution. The authorities got suspicious because of the high electric usage that our client was suddenly using. Over 10 pounds of marijuana were found inside under lamps and as part of a grow house. Case eventually dismissed. A999

Homicide

DWI Murder Investigation – no charges filed (Brooklyn)

Lance’s client was driving on a highway in Brooklyn and hit another person, instantly killing the other person. Client had a prior DWI case and contacted us for representation. Lance Fletcher immediately took over all discussions between client and the NYPD highway unit investigating the crash. After several months of discussions and negotiations, Lance Fletcher was able to confirm no arrest would occur and no criminal charges filed. Additionally, Lance defended client when the DMV attempted to revoke client’s license due to the accident and successfully avoided suspension.

Attempted Murder and Assault 1st Degree

Lance’s client was arrested for stabbing an acquaintance with a knife after several witnesses saw blood in the hallway, and observed our client in video surveillance with the victim. A bloody knife was later recovered which was tied to our client. Client faced up to 25 years in prison . We acted quickly to interview certain witnesses who were initially the key prosecution witnesses but provided critical information that was valuable to our perspective which was that our client was not criminally responsible. After carefully reviewing police and medical records and aggressively fighting in court for several months, we were pleased to have our client’s case dismissed and our client’s record sealed. Getting our client’s record sealed was very important to our client because of a professional license our client held and which could have been lost with a conviction. #B778

Trespassing

Trespassing at Mets Game – case dismissed (Queens)

Client went to a Mets game with his friends, became intoxicated, and refused to leave making it a trespassing case. NYPD arrested him and gave him a desk appearance ticket but client couldn’t come to court on the date on the ticket. Lance Fletcher appeared in court for client and successfully resolved case. Outcome: case dismissed, no criminal record, no fines. (C668)

Trespassing by staying too long in an airbnb (Manhattan)

Client overstayed a rental and refused to leave. NYPD was called and client was arrested and prosecuted for trespassing. Client’s family retained Lance Fletcher to resolve the case. After reviewing the legal sufficiency of the complaint and the charges, Lance Fletcher was able to get the case dismissed. Outcome: case dismissed, no criminal record, no fines or community service. (D340)

Trespassing charge that client ignored became a warrant dismissed (Manhattan)

Client was arrested and given a desk appearance ticket for trespassing in Manhattan but this was while client was visiting US from another country. Client didn’t go to court on the date on his ticket and a warrant for his arrest was issued. Lance Fletcher resolved the case by clearing the warrant and negotiated a deal to have the case dismissed. Outcome: warrant cleared, case dismissed after client agreed to perform some community service, no fines, no criminal record. (C543)