Assault Defense Attorney Workplace Assault Non Indictment

The incident unfolded during a corporate dinner gathering where both employees consumed alcohol, and according to witness statements, a verbal disagreement escalated into a brief physical encounter that became the basis for the assault complaint.

The complainant reported to law enforcement that the client pushed his shoulder and struck his face once with an open hand, prompting immediate police involvement.

Because New York prosecutors often pursue these cases even without significant injury, the client contacted an assault defense attorney to prevent the situation from progressing to a criminal filing.

The attorney analyzed police reports, witness statements, and contextual evidence to assess whether the force used met the minimum legal threshold for prosecutable assault.

Direct communication between the accused and the complainant can jeopardize the negotiation process, so the assault defense attorney structured communication through legal counsel to prevent emotional disputes.

This approach ensured that the complainant received apologies and explanations in controlled, well documented formats and that negotiations proceeded without hostility.

The attorney also evaluated the complainant’s initial monetary demands, many of which exceeded reasonable compensation levels, and prepared a counterproposal supported by objective damage assessments.

As is common in New York assault cases, obtaining a formal “affidavit of non prosecution” or “statement of non interest in prosecution” became the central aim of negotiation.

Because settlement agreements may influence later civil claims, the assault defense attorney drafted the documents so that the complainant’s waiver of further claims complied with New York enforceability standards.

The agreement included precise language preventing excessive future demands and ensured that the complainant acknowledged receiving full compensation.

This prevented potential exposure to separate civil liability and strengthened the client’s position before prosecutors.

The attorney compiled witness statements demonstrating that the altercation was brief, lacked significant injury, and occurred in a mutual argument environment rather than as an intentional assault.

Because New York Penal Law requires specific intent to cause physical injury or offensive contact depending on the charge level, the assault defense attorney argued that the circumstances supported a non criminal disposition.

The defense also highlighted the client’s clean criminal history, steady employment, and expression of remorse to establish him as a low risk individual unsuitable for prosecution.

To maximize the likelihood of non indictment, the assault defense attorney prepared a detailed memorandum describing the incident’s context, the parties’ settlement, the complainant’s signed statement requesting non prosecution, and legal arguments supporting dismissal.

The memorandum emphasized that continued prosecution would serve no public interest, especially given the absence of lasting injury and the presence of full restitution.

As a result, the district attorney exercised discretion to decline prosecution, issuing a “decline to prosecute” determination effectively ending the matter.

The prosecutor’s non prosecution decision allowed the client to avoid arraignment, a permanent criminal record, or court ordered penalties.

The settlement agreement ensured that neither party was positioned to reopen claims, and the complainant’s affidavit significantly reduced prosecutorial interest in pursuing the case.

The assault defense attorney concluded representation only after confirming that all records reflected the non indictment status, preventing adverse effects on background checks.

The client resumed normal professional activities with minimal personal and reputational disruption, highlighting how early legal intervention can prevent lasting consequences in New York assault cases.