Experienced Personal Injury Attorney | NYC Domestic Incident Case Resolved With Reduced Penalty

The client returned home intoxicated after meeting a friend. His spouse confronted him about the time and drinking, triggering a heated verbal argument.

During the confrontation, the client pushed his spouse, causing minor injuries.

Their child witnessed the conflict and was described as emotionally distressed, resulting in a police report.

With both physical injury and child exposure involved, the client faced multiple potential misdemeanor charges.

Under NY Penal Law §120.00 (Assault in the Third Degree), a person may be charged if they intentionally or recklessly cause physical injury, defined as:

• Impairment of physical condition, or
• Substantial pain

Potential penalties include:

• Up to 1 year in jail
• Probation
• Fines
• Mandatory counseling or treatment programs

A person may be charged for acting in a manner likely to injure a child’s physical, mental, or moral welfare.

A child witnessing domestic violence may satisfy this standard.

This Class A misdemeanor carries:

• Up to 1 year in jail
• Significant fines
• Possible family court involvement

The Experienced Personal Injury Attorney analyzed the statutory elements to identify defenses and mitigating factors.

The attorney highlighted:

• The client showed immediate remorse
• He accepted responsibility and apologized to his spouse
• He voluntarily entered counseling for alcohol use and anger management
• He had no prior criminal history
• He was the sole financial provider for the household
• The child’s emotional exposure was incidental, not intentional
• The incident was an isolated lapse, not a pattern

These factors were critical in persuading prosecutors and the court that the case did not warrant incarceration.

The attorney compiled evidence of the client’s proactive steps:

• Anger-management program enrollment
• Alcohol-awareness education
• Parenting-support efforts
• Steps taken to repair the marital relationship

By establishing a strong rehabilitation record, the Experienced Personal Injury Attorney shifted the case from punitive to corrective.

Instead of imposing jail or probation, the court issued a reduced penalty consisting primarily of a fine and continued counseling obligation.

This allowed the client to:

• Remain employed
• Support his family
• Continue treatment programs
• Avoid long-term criminal consequences

Domestic-incident cases create serious risks, including:

• Criminal records
• Custody and parenting-time implications
• Mandatory protection orders
• Employment consequences

An Experienced Personal Injury Attorney plays a crucial role by:

• Presenting the client’s circumstances in context
• Identifying legal weaknesses in the accusation
• Highlighting rehabilitation
• Arguing for reduced or alternative sentencing

In this case, expert advocacy directly shaped the favorable outcome.

If you are facing allegations involving domestic disputes, assault, or child endangerment in New York, an Experienced Personal Injury Attorney at SJKP can protect your rights and minimize long-term consequences.

SJKP’s team which includes former judges, prosecutors, and law-enforcement officials provides:

• Strategic negotiation
• Investigative support
• Court representation
• Customized mitigation planning

Contact SJKP today for a confidential consultation and immediate legal guidance.