Friday, May 15, 2020

Suspension For Domestic Violence

A conviction for domestic assault drew a six-month suspension by the New York Appellate Division for the Third Judicial Department

In October 2018, respondent was found guilty by an Albany County jury of two counts of assault in the third degree (see Penal Law ยง 120.00 [1]), a class A misdemeanor, in connection with two separate incidents of physical assault of his then-girlfriend. At respondent's criminal trial, the victim testified that she had begun dating respondent sometime in 2013. In March 2017, while living together, respondent slapped the victim in the face following an argument. Subsequently, in September 2017, respondent whipped the victim's leg with a television cord. Both incidents resulted in physical injuries to the victim. Following his convictions, respondent was sentenced by County Court to three years of probation on each count, to run concurrently.

Sanction

Respondent urges this Court to forego imposing public discipline and remand his matter for the imposition of an admonition. Having considered the facts and circumstances of this matter, we decline his request.

...we have considered respondent's efforts to voluntarily attend domestic violence classes in an attempt to rehabilitate himself.

However, even accounting for these factors in mitigation, we find that acts of domestic violence such as the ones at issue are gravely serious, diminish confidence in the legal profession and warrant an appropriate serious sanction (see Matter of Walker, 181 AD3d 62, 65 [2020]; Matter of Jacoby, 86 AD3d 330, 333 [2011]). In this respect, we believe a term of suspension is commensurate with past precedent concerning similarly egregious conduct.

(Mike Frisch)

 

https://lawprofessors.typepad.com/legal_profession/2020/05/a-conviction-for-domestic-assault-drew-a-six-month-suspension-by-the-new-york-appellate-division-for-the-third-judicial-depar.html

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