Being charged with a violent felony can be one of the most frightening experiences a person will ever face. For non-citizens, the stakes are even higher. A criminal conviction can jeopardize not only a person’s freedom but also their ability to remain in the United States and eventually become a United States citizen.
Recently, The Law Office of Siara Ossa, PLLC successfully represented a client charged with Assault in the Second Degree in violation of Penal Law § 120.05(2), a Class D violent felony, in Nassau County Court located at 262 Old Country Road Mineola, New York 11501. Through careful advocacy, consultation with immigration counsel, and strategic negotiations, we secured an Adjournment in Contemplation of Dismissal (ACD) pursuant to Criminal Procedure Law § 170.55—a resolution that will result in a complete dismissal of the case so long as our client complies with the conditions of the adjournment.
The Allegations
According to the felony complaint, the incident arose from a dispute between our client and the complaining witness over the alleged blocking of an Instacart account. The complaint alleges that the argument escalated, that our client picked up a kitchen knife, and that when the complaining witness attempted to take the knife away, the witness sustained a puncture wound to the abdomen causing physical injury. The charge was supported by a signed supporting deposition, photographs, an alleged oral admission, and the detective’s investigation.
As with every criminal case, these were allegations—not findings of guilt—and our client was presumed innocent throughout the proceedings.
Assault in the Second Degree Is a Serious Felony
Under Penal Law § 120.05(2), Assault in the Second Degree is a Class D violent felony offense.
A conviction for this charge can carry severe consequences, including:
- A felony conviction.
- A permanent criminal record.
- State prison exposure.
- Difficulty obtaining employment.
- Loss of certain civil rights.
- Significant immigration consequences for non-citizens.
When a client is working toward lawful permanent residency or United States citizenship, these consequences become even more significant.
Immigration Consequences Cannot Be Overlooked
One of the most important aspects of this representation involved our client’s immigration status.
Our client is actively working toward becoming a United States citizen. Because many criminal dispositions can trigger serious immigration consequences, we knew it was essential to ensure that any resolution protected not only her criminal record but also her future immigration goals.
Rather than relying on assumptions, we consulted with an experienced immigration attorney to evaluate the potential immigration consequences of every possible disposition.
That collaboration allowed us to negotiate a resolution designed to minimize immigration risk while also achieving an outstanding result in the criminal case.
This is a step that should never be overlooked. Criminal defense attorneys have an obligation to understand and address the immigration consequences of criminal cases, and consulting with immigration counsel when appropriate can make an enormous difference in protecting a client’s future.
The Importance of Witness Cooperation
Another significant factor in this case was the position of the complaining witness.
As the case progressed, it became clear that the complaining witness no longer wished to cooperate with the prosecution. Despite multiple court adjournments with no considerable plea offer despite the circumstances, our office continued to push for the ACD, which was ultimately consented to.
In many assault prosecutions, the complaining witness is the central witness necessary to prove the allegations at trial. When a witness becomes unwilling to participate, it can substantially affect how a case is resolved.
While every case is different, witness cooperation is often an important consideration during plea negotiations and case resolution.
The Result: An Adjournment in Contemplation of Dismissal
Rather than accepting a felony conviction—or even pleading guilty to a reduced offense—we negotiated an Adjournment in Contemplation of Dismissal (ACD) under CPL § 170.55.
An ACD is one of the most favorable resolutions available in many criminal cases.
With an ACD:
- No guilty plea is entered.
- There is no criminal conviction.
- The case is adjourned for a specified period.
- If the client remains out of trouble and complies with any conditions imposed by the court, the case is automatically dismissed.
For our client, this means she has the opportunity to move forward without a criminal conviction and continue pursuing her immigration and personal goals.
Protecting More Than Just a Criminal Record
This resolution accomplished far more than avoiding a felony conviction.
It helped preserve our client’s:
- Opportunity to pursue United States citizenship.
- Employment prospects.
- Professional opportunities.
- Reputation.
- Criminal record.
- Future.
One allegation should not define a person’s life, particularly when there is a path toward accountability and rehabilitation that does not require a lifelong criminal conviction.
Charged with a Felony in New York?
Felony charges require careful preparation, strategic negotiation, and an understanding that criminal cases often affect far more than what happens inside the courtroom.
For non-citizens, every decision can have lasting immigration consequences. That is why, when appropriate, we work alongside immigration counsel to ensure that our clients receive advice that protects both their criminal case and their future.
At The Law Office of Siara Ossa, PLLC, we fight to obtain outcomes that preserve our clients’ freedom, their records, and their opportunities. In this case, what began as a violent felony assault prosecution ended with a resolution that offers our client something invaluable:
A second chance—and the opportunity to continue building her life in the United States without a criminal conviction.