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Indictment Charging Assault In The First Degree Dismissed On Day Of Jury Selection

Photo of Todd D. Greenberg Esq.

Timing is everything and an experienced criminal defense attorney will use that concept, all within the bounds of the law, to get the best result for a client. That is exactly what Criminal Defense Attorney Todd Greenberg did on the day of Jury selection wherein our client, an engineering student studying for his Master’s degree, was charged with Assault in the First Degree and facing up to twenty-five (25) years in jail. Our client, a young man in his late twenties with no prior record, was accused of striking another person with a bat causing serious injury. The client adamantly denied the charges and was anxious for a trial. An element of the Crime of Assault in the First Degree is causing serious physical injury by means of a deadly weapon. It was alleged that the Complainant, after being hit by a bat, suffered a serious physical injury to his shoulder that required surgery. Serious physical injury is defined as injury which creates a substantial risk of death, protracted disfigurement, or protracted loss or impairment of the function of any bodily organ. The Complainant claimed that he could no longer work as a Mechanic because he lost the use of his shoulder and arm due to the injury and, therefore, suffered a serious physical injury. Unbeknownst to the Complainant, Mr. Greenberg hired an Investigator who videotaped the Complainant for a period of one month prior to trial, which showed the Complainant working on cars and using his “seriously injured” shoulder and arm while lifting the hood of vehicles he was working on. Mr. Greenberg waited until he was required by Law to turn over the videos, which was immediately before trial, so as to allow the Complainant to tell the District Attorney that he could not move his arm. It was clear that the Complainant lied to the District Attorney right up until the trial with regard to his ability to use his arm. The Assistant District Attorney who was handling the case immediately took the proper action upon disclosure of the video: since the Complainant lied to him concerning the extent of his injury, the Assistant District Attorney immediately informed the Judge that he was applying to the District Attorney himself to dismiss the Indictment! Sure enough, the Indictment was dismissed! Once again, Mr. Greenberg’s knowledge of the Law and his Trial experience and strategy paid off and his client, innocent of the charges to begin with, never even had to stand trial for these false charges. For expert legal defense call Addabbo and Greenberg at 718-268-0400 or visit us at