Westchester County, NY - A New Rochelle man charged with two counts of felony Assault stood just outside the entrance of the Westchester County Court with his defense attorney, Stephen Riebling, moments after all of the criminal charges against him were dismissed. “It goes without saying that I am extremely pleased by the results and I’m extremely thankful for the hard work and services provided by Mr. Riebling.”
The young man, represented by criminal defense attorney Stephen Riebling (a partner with Riebling & Payton, PLLC), was charged with two felony counts including: (1) Assault in the First Degree and (2) Assault in the Second Degree. The charges arose from an alleged altercation that took place in the man’s home in New Rochelle, NY and involved his brother. The charges were handled in the Domestic Violence Part of the Westchester Criminal Court and the presiding judge issued a temporary order of protection preventing the defendant from returning to his home and precluding him from having any contact with his brother.
Under New York State Law, Assault in the First Degree is classified as B Felony which carries a maximum sentence of up to 25 years in prison. It may be charged in circumstances where:
- With the intent to cause serious physical injury to another person, a defendant causes such serious physical injury to such other person by using a deadly weapon or dangerous instrument; or
- When a defendant had the intent to seriously and permanently disfigure another person and he/she causes such injury; or
- A defendant recklessly engages in conduct which creates a grave risk of death to another person and thereby causes serious physical injury to such person; or
- In the course of committing or attempting to commit a felony or flight therefrom, a defendant or another participant in the felony causes serious physical injury to a person.
Here, Mr. Riebling’s client was charged under the first provision of the statute as part of the allegations involved the use of a large knife to stab the torso of the victim, which perforated the small bowel.
The second count, Assault in the Second Degree is a Class D Felony carrying a maximum sentence of up to seven years in prison. Assault in the Second Degree may be charged in many situations but typically it occurs when a person, with intent to cause serious physical injury to another person, causes such serious physical injury to the other person and when with the intent to cause physical injury to another person he or she causes injury to another using a deadly weapon or dangerous instrument.
After many months and exhaustive investigation by Mr. Riebling, the charges were dismissed. Simply, the facts and circumstances did not support the criminal charges as alleged, and Mr. Riebling presented a compelling argument for dismissing the charges. With the dismissal, the client avoided a serious criminal conviction and the order of protection was removed.
If you or your family member has been arrested, please do not hesitate to Contact Us and find out how our criminal defense attorneys can protect you. Free Consultations at (914) 712-6878.