Non-Criminal Disposition of Domestic Violence Charges
An executive at a Wall Street bank was alleged to have assaulted his girlfriend by pushing her into a closet – relatively straightforward charges that were complicated because he had been charged with assaulting the same girlfriend less than six months earlier and had violated the Order of Protection that was issued when he resolved those prior charges.
Prosecutors initially sought a misdemeanor plea because it was his second offense involving the same girlfriend. Wanting to avoid the collateral consequences of such a conviction, which could have derailed his lucrative career, that executive sought out New York criminal defense attorney Harlan Protass for help. At his client’s request, Attorney Protass put together a package of out-of-court remedial measures (private therapy for impulse control and counseling for alcohol abuse) that gave the Manhattan District Attorney’s Office comfort that his client was serious about making changes and assuring that no further incidents would occur, thereby paving the way for a non-criminal disposition of the new charges – that is, through a guilty plea to disorderly conduct, which is a violation, not a crime, under New York Law.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.