Ms. Exum is being charged with one count of Assault in the Second Degree, a class D violent felony in violation of New York Penal Law Section 120.05. A person is guilty of it when they intentionally cause injury to another person by means of a weapon or dangerous instrument. Stabbing someone definitely qualifies (indeed, if the injuries were more serious, she would be looking at Assault in the First Degree). This the appropriate charge here.

At arraignments, the judge will issue an order of protection in favor of the victim of the stabbing (i.e. Ms. Exum’s boyfriend/ex-boyfriend), precluding her from having any contact with him whatsoever. She cannot contact him electronically, through social media, in person, or through third parties (some judges even go so far as to say that you cannot like the other person’s social media postings). Even if Ms. Exum’s boyfriend forgives her and tries to call her, for example, she cannot speak with him or communicate with him without violating the order of protection and risking a re-arrest by the police. The order is not the victim’s to apply as he sees fit – it is issued by the court and must be obeyed. These sorts of orders are particularly complicated when the parties lived together, as the criminal defendant simply has to vacate and find somewhere else to sleep.

Frequently, victims/complainants in these cases do not wish to cooperate with law enforcement. When someone gets stabbed, the police are usually called, and an arrest usually happens. Police basically have to make an arrest in a situation like this. It is hardly uncommon for these victims to immediately try to undo the arrests or ask prosecutors to dismiss the cases. That doesn’t always work, however. Ms. Exum’s boyfriend/ex-boyfriend is not a plaintiff in a civil case, he is simply a witness in a criminal case prosecuted by the state. As such, prosecutors will get to decide whether to dismiss the case or not, regardless of the boyfriend’s preferences. And, the order of protection will remain in place so long as the prosecution continues. This is a frustrating reality for a lot of people involved in domestic violence cases.

As a practical matter, though, it can be very difficult for prosecutors to successfully prosecute domestic violence cases without cooperative victims. After all, their testimony is normally necessary to prove what happened during the crimes. However, there are some circumstances in which a prosecutor can prosecute a case even without a cooperative witness. Police have probably taken photographs of the injuries to Ms. Exum’s ex-boyfriend, and may have a 911 recording describing the crime in the heat of the moment (possibly causing it to be admissible at trial). Ms. Exum may have made admissions to police as to what happened, too. The statements that the ex-boyfriend made to emergency medical personnel might also be admissible at trial, even without his cooperation. Finally, it could be possible for prosecutors to subpoena the ex-boyfriend to testify about what happened, forcing him to either tell the truth or commit perjury under oath.

A stabbing case is serious and can certainly result in multiple years in prison. Assuming Ms. Exum does not have a criminal record, and the injuries are not too terrible, it may be possible for her to negotiate a deal for a misdemeanor with probation and anger management and counseling. But should she lose at trial, she could definitely face some time in prison.

If you or a loved one have been arrested for domestic violence, you should strongly consider contacting Matthew Galluzzo, an experienced criminal defense attorney who has helped celebrities, athletes, actors, models, doctors, lawyers, and a variety of financial professionals defend against charges of domestic violence.

Oftentimes, in these cases in which no one was injured, a protester-defendant could – with the help of an experienced attorney – successfully negotiate a plea bargain whereby the protester will have no criminal record and spend no time in jail (such as an “adjournment in contemplation of dismissal or a violation like Disorderly Conduct). In cases involving Desk Appearance Tickets, such negotiations may even be possible prior to the return date (i.e. the first court appearance). However, for reasons relating to principle, many protester-defendants refuse to accept any such deal, preferring to demand dismissal or a trial where their voices can be heard by a jury. Such an attitude is certainly understandable but it does tend to increase the risk of a negative result (such as a permanent criminal record).

Unfortunately, some protests escalate into confrontations with police officers. In those cases, charges like Assault in the Second Degree can sometimes be levied against arrested protesters alleged to have injured police officers. That charge is a serious felony that can carry real jail time, and should not be treated lightly at all. The best defense in these cases is often to argue that the defendant did not act unreasonably, and that any injuries to the police officer were sustained on account of his/her own aggressive or improper actions. In today’s current climate, that argument can have real traction with some jurors.

Thankfully, nowadays many protesters have video footage of their arrests, or their behavior just prior to being arrested. Oftentimes, this footage can be helpful to their defenses. In those cases, it may make sense for their attorneys to share the footage with prosecutors in the hopes of securing outright dismissals. Of course, an outright dismissal of an arrest charge can open the door to a lawsuit for wrongful arrest against the City.

Sometimes people attempt to intervene during an arrest of a protester by trying to prevent the police officer from apprehending someone else. In these cases, the intervenors typically are charged with Obstructing Government Administration or Resisting Arrest, misdemeanors. A person being unlawfully arrested can argue that they are not guilty of Resisting Arrest because the arrest was unlawful or unauthorized under the circumstances, and an intervenor may also be able to successfully argue the same thing.

Generally speaking, defendants (and defense attorneys) prefer some anonymity with respect to their cases, and prefer to try their cases discretely in the courtroom. However, for those defendants seeking trials by jury, attorneys should consider trying to garner public sympathy and/or publicity for the client’s case before the trial. After all, these cases frequently depend less on the facts presented at trial so much as they do upon the attitudes of the fact-finders (i.e. judges or juries) deciding the case.

If you or a loved one have been arrested or given a Desk Appearance Ticket in New York City for protesting, you should strongly consider contacting Matthew Galluzzo. He is an experienced criminal defense attorney and former Manhattan state prosecutor. He is also a civil rights attorney who has successfully sued members of the NYPD for false arrest and police brutality.