A co-worker who attacked me a few months back has decided to take his case to trial. He was charged with a Class A Misdemeanor assault charge. This is in New York City.
The D.A. told me that because this didn't sound like a typical assault case (this wasn't some bar brawl - my attacker attacked me in the store bathroom, muffled me, and pinned me down to the ground), she wanted to make sure that this particular crime went on his record. (Apparently, most other misdemeanors are plead down to violations, with no record.) Her current offer to my attacker is community service, serious counseling, plus the record.
Question 1) She told me I will probably be called to testify against him. Does this necessarily mean I'll be subpoenad? Do I have the option of NOT testifying? My stomach turns at the idea of seeing him again.
Question 2) Is it feasible for me to urge the D.A. to "fold" and just offer the deal that the defense wants? Are most D.A.'s flexible like this? I ask this because the only leverage I have in guaranteeing my safety is an Order of Protection and since it seems that my attacker's biggest concern is not having a criminal record, he's been obediently staying away from me (otherwise he'd be arrested again and given jailtime). However, if this case goes to trial, and he loses, and gets the record, he'll probably feel that he has nothing to lose anymore and feel free to come around me again (Orders of Protection be damned). I worry for my, and my family's safety, since this guy is a complete sociopath.
Here are some other facts about the case:
- I had injuries that were documented the day of the attack, but there is no hard evidence of a specific sexual assault.
- There was a witness who heard my attack within the building (he heard my screams, saw me running out of the building, terrified).
- My attacker was intoxicated at the time of the attack.
- My attacker called 911 on his cell phone after I escaped him (I only realized this later on, when they traced the call to his cell phone). He did not flee the scene. He sat and waited for the police to come and arrest him.
- My attacker has no previous criminal record.
What can I reasonably expect as an outcome? Is it really wise on his part to take this to trial? Any insight from either side (prosecutors/defense attorneys) is welcome! Thank you...
The D.A. told me that because this didn't sound like a typical assault case (this wasn't some bar brawl - my attacker attacked me in the store bathroom, muffled me, and pinned me down to the ground), she wanted to make sure that this particular crime went on his record. (Apparently, most other misdemeanors are plead down to violations, with no record.) Her current offer to my attacker is community service, serious counseling, plus the record.
Question 1) She told me I will probably be called to testify against him. Does this necessarily mean I'll be subpoenad? Do I have the option of NOT testifying? My stomach turns at the idea of seeing him again.
Question 2) Is it feasible for me to urge the D.A. to "fold" and just offer the deal that the defense wants? Are most D.A.'s flexible like this? I ask this because the only leverage I have in guaranteeing my safety is an Order of Protection and since it seems that my attacker's biggest concern is not having a criminal record, he's been obediently staying away from me (otherwise he'd be arrested again and given jailtime). However, if this case goes to trial, and he loses, and gets the record, he'll probably feel that he has nothing to lose anymore and feel free to come around me again (Orders of Protection be damned). I worry for my, and my family's safety, since this guy is a complete sociopath.
Here are some other facts about the case:
- I had injuries that were documented the day of the attack, but there is no hard evidence of a specific sexual assault.
- There was a witness who heard my attack within the building (he heard my screams, saw me running out of the building, terrified).
- My attacker was intoxicated at the time of the attack.
- My attacker called 911 on his cell phone after I escaped him (I only realized this later on, when they traced the call to his cell phone). He did not flee the scene. He sat and waited for the police to come and arrest him.
- My attacker has no previous criminal record.
What can I reasonably expect as an outcome? Is it really wise on his part to take this to trial? Any insight from either side (prosecutors/defense attorneys) is welcome! Thank you...
