If you have been charged with a violent crime in New York, including assault, assault and battery, or a firearms charge, there may be grounds to argue that there is an issue of identity in the case against you. In a recent case in a New York court, the defendant argued that the guilty conviction against him was unreasonable because the assault victim had no way of accurately identifying him after the incident in question.
Case Before the Appellate Division
In the case before the New York Appellate Division, Third Department, the defendant argued that his assault-related case should have been dismissed by the trial court. According to the defendant, the victim did not actually see who punched him on the left side of his face, since he was busy looking at two other individuals involved in the altercation, who were wrestling on the ground. Therefore, said the defendant, the guilty conviction was not supported by legally sufficient evidence. He asked the higher court to vacate his conviction.
Analysis of Events Surrounding the Assault
The higher court disagreed with the defendant, concluding instead that the events surrounding the incident could have led a reasonable jury to believe he was guilty of the assault. For example, the assault victim saw the defendant standing directly over him after he was hurt. After that, the defendant and the victim had a verbal altercation, and the defendant head-butted the victim. Because of this chain of events, the victim could have sensibly identified the person that assaulted him. Therefore, defendant’s argument did not have merit – there was not reason for the trial court to have dismissed his case.
Arguing an issue of identity takes both careful consideration and a thorough analysis of the facts. It requires building a strong case that the victim did not know who hurt him or her, as well as that a jury could not reasonably find that this person would be identifiable. When navigating this kind of legal argument, it is crucial to retain a high-quality New York violent crimes attorney in order to give yourself the best possible chance of getting your charges dropped.
Do You Need a New York Violent Crimes Attorney in Your Corner?
At Tilem & Associates, we fight relentlessly for our clients’ rights because we believe in the power of personalized representation and aggressive solutions. If you are facing violent crimes charges in New York, know that you do not have to go it alone. Our firm has decades of experience fighting difficult charges against the State, and we are well-equipped to take on your case with care and precision. For a free and confidential consultation with one of our experienced New York violent crimes attorneys, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and we will have a member of our team reach out to you as soon as possible. We handle all types of cases, including DWIs, drug offenses, assault and battery, theft crimes, firearm charges, and more.
#Arguing #Misidentification #York #Cases #Involving #Violent #Crimes #York #Criminal #Attorney #Blog #October