STATE CRIMINAL DEFENSE

People v. Jason P., CR-012836-20QN (Queens County 2020)

The defendant was charged with serious felony offenses stemming from a shooting outside an Astoria restaurant. The client was alleged to have possessed and discharged a firearm during a dispute, striking an individual in the chest. The charges carried a potential jail sentence of 15 years. The allegations were supported by witness testimony and video evidence. DiBenedetto and his team conducted their own thorough investigation and were able to breakdown the prosecution’s evidence and theory of the case. DiBenedetto was successful in presenting significant reasonable doubt resulting in the dismissal of all charges.

People v. James R., Ind. No. 163/2005 (Richmond Co. 2005-2007)

Represented a Radiation Therapy Technologist in a “cold case.” The client was arrested in 2005 and charged with murdering his childhood friend thirteen years earlier in 1992. The defendant faced a possible 20 year sentence. On the day of jury selection, with the defendant already incarcerated for over two and a half years pending trial, defense counsel successfully negotiated a plea to a non-violent felony with an indeterminate sentence of 3 ½ to 7 years resulting in the defendant being eligible for release within six months or require him to be incarcerated for only an additional year.   

Demo Company Avoids Criminal Charges And Significant OSHA Penalties (2020) 

The client, a large-scale demolition company handling major projects throughout New York City, was investigated by both the New York County District Attorney’s Office and OSHA after an employee was struck by shrapnel from an exploding fire extinguisher resulting in his death. The company hired DiBenedetto to oversee both probes. DiBenedetto immediately conducted his own thorough investigation and was successful in thwarting the New York County inquiry after establishing the freak nature of the accident. Additionally, DiBenedetto was successful in reducing the OSHA penalties to minor citations. 

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People v. Robert W, Docket No. 14120042 (Rockland County 2015)

The client, a professional poker player, was charged as an alleged leader in a large scale gambling ring. The client was charged with multiple felony counts and had over 6 million dollars in cash and assets frozen by the prosecution. DiBenedetto was successful in securing the client a misdemeanor plea and the release of over 90 percent of his assets.

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People v. Sweet Hills Stables (Suffolk County 2016 - 2018)

The client, an owner of a of a well-known equestrian center that provided trail rides, boarding, summer camp, lessons, birthday parties and horse shows on over 10 acres of county property, was accused of dumping hazardous material on county property. After a highly publicized investigation by the Suffolk County District Attorney’s Office and the Environmental Protection Agency, DiBenedetto successfully avoided criminal prosecution for the client by affirmatively establishing the client’s lack of knowledge, participation and consent to the illegal dumping.

Principal At Major Steel Company Avoids Jail Sentence Amidst Allegations Of Wage Theft And Underreporting Of Payroll To State Labor Authorities (SCI No. 2449-19 (New York County 2019)

The client, an owner of a large steel company involved in numerous projects throughout New York City, was the subject of an investigation by the New York County District Attorney’s Office and the Attorney General’s Office for allegedly failing to pay employees the proper overtime wages and for underreporting payroll to the state labor department. The conduct was alleged to have occurred over a period of five years. DiBenedetto was successful in avoiding a jail sentence for his client. DiBenedetto skillfully negotiated a misdemeanor plea and structured a favorable payment plan which allowed the company to remain viable and open.

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People v. Kerri D., Docket No. I-1289-2011 (Suffolk County 2011)

The client, a bookkeeper at a prominent oil company, was alleged to have embezzled over $400,000.00 from her employer. The client was charged with grand larceny as a C felony and faced a maximum indeterminate sentence of 5 to 15 years. Over the objection of the complainants, DiBenedetto secured a 30 day sentence (which equals approximately 2 weeks of actual time served). 

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People v. Raymond C., (CR-037175-18KN) (Kings County 2018)

The client, a landlord, was charged with breaking into a tenant’s apartment, assaulting the tenant and destroying their property. The felony complaint included multiple counts of assault, burglary and trespass. Additionally, the tenant contacted local news networks which covered the allegations of assault and burglary. In spite of media scrutiny, DiBenedetto was successful in securing the dismissal of all counts after discrediting the complainants version of events and establishing that the complainant was the initial aggressor.

In Re Highbuilt Contracting Corp. (NY County 2011)

Successfully negotiated a non-prosecution agreement and favorable settlement with the New York County District Attorney’s Office for a large construction company alleged to have paid kickbacks to secure construction work.

People v. Reginald D., Docket No. 2008KN041291 (Kings Co. 2008)

Successfully obtained the dismissal of all charges for a defendant named in a myriad of counts, including two counts of attempted murder and criminal use of a firearm, where it was alleged that the defendant shot the complaining witness in the back and fired multiple shots at another complaining witness, in broad daylight with numerous eye witnesses. 

People v. Jamie L., Ind. No. 6140/2005 (Kings Co. 2005 – 2007)

Successfully obtained an acquittal of all charges after trial for a client charged with a gun point robbery after establishing his innocence through two polygraph exams and discrediting eyewitness testimony.

People v. Leonardo C., Ind. No. 181/2007 (Richmond Co. 2007 – 2008)

Successfully secured bail and obtained a probationary sentence for a defendant who was alleged to have shot at a neighbor three times with two rifles and a hand gun, while wearing a bandoleer of ammunition in front of numerous eyewitnesses. Defense counsel was successful in obtaining a non-incarceratory sentence in spite of the defendant’s alleged conduct, which also included an hour-long standoff with authorities and a subsequent search warrant revealing numerous weapons and ammunition in his home.   

People v. Joseph C., et al., Ind. No. 119/2003 (Richmond Co. 2003 – 2005) 

Successfully obtained the dismissal of all charges on the eve of trial for a client charged in a highly publicized gang assault in Richmond County after establishing his innocence through a polygraph, alibi witnesses and investigative techniques which discredited the People’s main witnesses.

People v. C. N., (New York Co. 2003 – 2004) 

Prevented the possible suspension and/or revocation of a highly noted Neuro-Oncologist’s medical license by successfully avoiding a criminal conviction despite that he was alleged to have operated a motor vehicle with a blood alcohol content three times the legal limit.

People v. Thomas C., Ind. No. 2916/2006 (New York Co. 2006 – 2007)

Successfully avoided an incarceratory sentence and felony conviction for a New York City firefighter alleged to have assaulted the complaining witness with a glass, causing over 70 stitches after establishing that the client acted in self-defense. 

People v. Vincent V., Ind. No. 388/05 (Richmond Co. 2005 – 2007)

Successfully represented a union employee charged with reckless murder and leaving the scene of an accident after it was alleged that he drove through a construction site striking several Department of Transportation employees resulting in a fatality.