In a recent case, the criminal defense team at the Brill Legal Group achieved a full dismissal of serious charges of domestic violence against a client. Throughout the case, the team at the Brill Legal Group advised our client, managed witnesses and evidence, and ensured that the district attorney couldn’t even indict the case – let alone prove it beyond a reasonable doubt at trial. 

The Facts of the Case

The case is based on a witness’s story about a vehicle she saw driving through Queens. According to the police officer’s version of the witness’s story, the witness saw a blue vehicle driving rapidly through the city with its passenger door open, running red lights, and driving on the wrong side of the road. The officer’s version also claims the witness heard a woman screaming inside the vehicle. 

Around the same time, a second police officer in Queens observed a blue vehicle stopped at an intersection. The vehicle contained two people. One was our client; the other was a female passenger. 

This officer did not see any of the acts the witness claimed to see. Nonetheless, the combination of this traffic stop and the witness’s testimony to a separate officer resulted in charges against our client.

The Fight to Protect Our Client

The case was brought in the criminal court for the City of New York, county of Queens. The initial charging documents claimed that our client had committed criminal contempt in the first degree, reckless endangerment in the second degree, and reckless driving. 

A charge of criminal contempt in the first degree may be based on several different types of conduct, from threatening another person with a weapon to harassing them on social media. The common factor is that the person who makes the alleged threats is named in a protection order protecting the other person. 

A “reckless endangerment in the second degree” charge focuses on whether a person “recklessly engaged in conduct which created a substantial risk of serious physical injury to another person.” Reckless driving focuses on reckless conduct that involves driving a vehicle – whether that means interfering with the safe use of the roads or endangering those who use the roads. 

In all of these charges, police and prosecutors must prove that the defendant committed the alleged actions. They must prove these claims beyond a reasonable doubt. Without that proof, a defendant cannot be convicted of violating these or any other criminal laws. 

Here, no evidence connected our client to the alleged behavior. The witness did not identify the stopped vehicle or the people inside it. Nothing connects that story to what our client and his passenger were doing that day. Our client and his passenger were sitting at an intersection in Queens in a blue vehicle. 

By examining the available evidence and witness testimony, we were able to demonstrate this clear fact to the court, stopping the case against our client in its tracks. 

What to Do If You’re Facing Domestic Violence Charges

Domestic violence can be a challenging charge to face. Many domestic violence claims arise out of situations in which tempers flare. In others, witnesses who know nothing about you or your situation assume the worst – and tell their worst assumptions to the police. The actual evidence connecting you to a violation of the law may be scarce or nonexistent. 

Like anyone who faces criminal charges, if you face a domestic violence charge, you have rights. These include the right to require police and prosecutors to prove each element of their case beyond a reasonable doubt. They also include the right to hire an experienced attorney to review the evidence, build a case, and protect your rights in court. 

If you’re facing domestic violence charges, talk to an experienced New York criminal defense lawyer today. The team at the Brill Legal Group can help.