Criminal Defense Attorney Brooklyn | Defense of a National Charged With Assault Using a Dangerous Instrument

The client and the complainant had developed acquaintance through casual gambling activities. On the date of the incident, a dispute arose regarding unsettled gambling payments. 

The complainant allegedly demanded repayment using hostile and pressuring language, which escalated emotions on both sides.

In the heat of the moment, the client threw a plate that struck the complainant. The situation intensified further when the client produced a small kitchen knife he had kept inside his clothing and caused a cut on the complainant’s wrist.

NYPD officers arrested the client on the scene, and prosecutors pursued felony charges due to the presence of a dangerous instrument.

Under NY Penal Law §120.05, a person may be charged with Assault in the Second Degree when they:

Intentionally cause physical injury to another, and

Use a dangerous instrument, defined as any object capable of causing serious physical injury.

In Brooklyn, such charges frequently result in significant custodial sentences unless substantial mitigation is presented.

The client immediately expressed sincere remorse and made repeated efforts to apologize to the complainant.

 Although monetary settlement discussions did not lead to a complete agreement, counsel documented:

The client’s genuine attempts at reconciliation

Active communication demonstrating responsibility

Willingness to engage in rehabilitative steps

This helped establish that the client did not present an ongoing threat to the community.

The client had no prior criminal history, no police contact, and no record of community disturbances in the United States. 

For felony assault charges, this factor is often crucial because Brooklyn prosecutors heavily weigh criminal history in recommending incarceration.

The defense attorney demonstrated the client’s law abiding background, stable employment, and immigration status, reinforcing that the incident was isolated.

Counsel presented documentation showing that the client:

Immediately admitted his actions without evasion

Cooperated with NYPD during arrest and questioning

Fully complied with all court dates and restrictions

Participated in counsel directed behavioral counseling sessions

This cooperation helped position the client as deserving of leniency.

The court ultimately imposed:

Two years of probation, and No jail time, with Additional counseling and compliance conditions, instead of a state prison term.

This result allowed the national client to avoid immigration detention, felony level incarceration, and long term destabilization.

This outcome shows that even serious allegations involving a dangerous instrument can result in a mitigated disposition when represented by an experienced criminal defense attorney in Brooklyn.

Strategic negotiation, remorse documentation, contextual evidence, and structured client preparation were critical to preventing imprisonment.