Phil Weinberg, Assault and Domestic Violence Defense Attorney
I have had many spectacular results in these cases, such as one in March 2015 where I got an Assault 2 DV (Assault in the Second Degree – Domestic Violence) felony charge completely dismissed despite it involving strangulation allegations and “some evidence” in the police report that “some choking” had occurred, and even some damaging admissions made by my client to the police.
Though not all cases can be dismissed, I work tirelessly to defend against all Assault and Domestic Violence charges. Many DV charges are not assaults, such as DV Protection Order Violations, DV Stalking, DV Harassment, etc. But in each of these, dismissal must always be the first goal. Why? Convictions for Assault and/or DV can carry major life-altering consequences for employment, housing, travel abroad, security clearances, government benefits, etc. They also can lead to substantial jail time, especially where there is an angry and/or vengeful alleged victim moving the prosecutor to be harsh in their handling of the prosecution. So, my job as your assault /DV attorney also involves trying to prevent conviction, prevent or minimize jail or prison time, and to minimize the often burdensome treatment and other conditions, as well as legal financial obligations, one charged with Assault or Domestic Violence faces.
I can occasionally, with the prosecution's knowledge beforehand, tactfully, honestly and ethically approach the alleged victims, sometimes formally and sometimes informally. This must be ethically done and without angering the prosecutor. Sometimes, in more serious Assault/Domestic Violence cases, I refer the victim to another attorney to work in tandem with me for the best possible outcome for my client, unless the alleged victim is hostile. In those cases, often the alleged victim must be discredited and private investigation may be needed. As a last resort, there is the use of a Victim Interview with the Prosecuting Attorney and the Victim advocate present, or a formal deposition with a court reporter, where I basically cross-examine or question the alleged victim to expose weaknesses, but at that point the case is going to have to proceed to trial.
You Will Get Creative and Unique Criminal Defense Strategies
Other ways to avoid conviction and jail, depending upon the facts and criminal history of each unique client and their case, include:
- Deferred sentences,
- Stipulated orders of continuance (“SOC”),
- Deferred prosecutions,
- Disposition continuances and various other dispositions.
These disposition techniques usually can avoid conviction, and I have developed over more than 20 years some creative techniques for these approaches to your defense that many attorneys are not even aware of or are not well-versed in utilizing. The results are sometimes truly amazing. But, if dismissal or one of these optimal non-conviction dispositions are not available in a particular case, then my focus turns to getting your charges reduced and minimizing any jail or prison time. Also, Assault and Domestic Violence cases frequently cannot be resolved quickly to obtain the best possible results. We have to work hard on your defense as a team effort.
These various ways of handling your Assault or DV defense will also involve, in addition to your prior criminal history and any other open cases you may have, whether you were drunk, high on illegal drugs, or on prescription med's, etc., how badly the alleged victim was hurt and how well that is documented, how much if any medical treatment they required, etc. It is a complex subject and I will go over all of your defense options at our Free Initial Case Evaluation and Consultation.
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Put my more than 25 years' experience successfully defending Assault and Domestic Violence charges to work for you!