Criminal Lawyers New York | Assault Charge Non Prosecution

The incident stemmed from an unresolved monetary disagreement between the client and the complainant, which escalated during an in person visit to the complainant’s business premises. 

During a heated exchange, the client made brief physical contact by striking the complainant’s face with an open hand. 

Approximately one hour later, an accompanying acquaintance separately engaged in a physical act against the same complainant, without coordination or mutual planning with the client.

The complainant submitted an audio recording exceeding six hours in length, capturing the broader timeline of events. 

Through forensic analysis, defense counsel demonstrated a clear temporal separation between the client’s conduct and the subsequent act by the third party. 

This temporal gap undermined any inference of shared intent, simultaneous action, or joint criminal purpose, which are essential elements in establishing group assault liability.

By emphasizing the lack of mutual awareness, coordination, or shared opportunity between the individuals involved, criminal lawyers New York successfully argued that the case must be evaluated as isolated conduct rather than a collective offense. 

This reframing significantly altered the procedural posture of the case, opening the path toward resolution without formal prosecution.

All communication with the complainant was handled exclusively by counsel to avoid any risk of misinterpretation or coercion. 

The strategy included a clear explanation of the incident’s spontaneous nature, a formal expression of remorse, reasonable financial compensation, and execution of a written settlement agreement. 

As a result, the complainant formally expressed a lack of intent to pursue criminal charges.

Under New York criminal analysis, multiple physical acts do not automatically establish group assault liability. 

Coordinated intent, shared opportunity, and mutual recognition of conduct are required elements. 

Where those elements are absent, liability must be assessed individually, allowing for lawful non prosecution resolutions when appropriate.