PRACTICE AREAS - OFFENSES & PENALTIES

Being arrested for leaving the scene of an accident without reporting can be a frustrating situation because you may not even be aware that an accident occurred or that you didn't properly report it. Although this offense is charged in the Vehicle and Traffic Law (V.T.L. 600), it is a misdemeanor and can give you a permanent criminal record if you're convicted. Additionally, you may face increased risk of a civil lawsuit depending on how your criminal case is handled. The congestion of New York City makes this one of the most common offenses we handle. These cases usually start with an alleged accident involving a motor vehicle and a motor vehicle, a motor vehicle and a bicycle, or a motor vehicle and a pedestrian. The suspect either drives away or stops briefly but then flees before the police arrive. Then, a detective is assigned to the case and attempts to identify the fleeing driver. These offenses are unique because in many instances, a detective makes contact with the suspected offender and may even attempt an interrogation prior to an arrest. It is important to contact us as quickly as possible if a police officer contacts you regarding an accident. Otherwise, you may increase the likelihood of arrest or prosecution. Once the arrest occurs, the District Attorney will attempt to secure a conviction which could give you a permanent criminal record. We are prepared to examine accident reports, scrutinize witness statements, and fight to get the criminal charges dismissed. If you didn't know there was an accident, thought you reported it, or weren't driving let us know. 

 If you have been arrested for assault in any form, you are being charged with a criminal offense in New York even if the arrests was by way of a desk appearance ticket. Assault is charged as a misdemeanor or a felony depending on the seriousness of the injury, how the person was injured, whether the victim is a special victim (such as a police officer) and other factors. Assault, at its most basic and lowest criminal classification, is Assault in the Third Degree, which is when a person intentionally or recklessly causes physical injury to another person. Physical injury is defined in New York as any physical impairment or substantial pain. Substantial pain is easily proved. If the alleged victim merely can say that they are in pain, this may be enough to prove that you injured them within the meaning of the law. Assault in the Third Degree is a class A misdemeanor, in which you can receive up to a one year New York City jail sentence.

Assault can also be charged as a felony. Assault in the Second Degree is a class D felony. There are several reasons that you are charged with Assault in the Second Degree instead of Third Degree. You can be charged with Assault in the Second Degree when you intentionally cause serious physical injury to another person, or if you intentionally cause physical injury with a deadly weapon or dangerous instrument. You can also be charged with Second Degree Assault if you recklessly cause serious physical injury to another person with a deadly weapon or dangerous instrument. Serious physical injury is defined as a physical impairment which causes a substantial risk of death, disfigurement, or the loss or impairment of the function of any bodily organ. While deadly weapons are specifically defined as including firearms, switchblades, gravity knives, billy clubs, daggers, blackjacks, metal knuckles, or a metal knuckle knife, a dangerous instrument can be anything that can be used to cause serious physical injury. If you are convicted of Second Degree Assault in New York, you could face up to 7 years in prison.

The most serious assault charge is Assault in the First Degree, which is a class B violent felony in New York. You will be charged with First Degree Assault when you are alleged to have intentionally caused serious physical injury to another with a deadly weapon or dangerous instrument, or if you reckless engage in conduct that creates a grave risk of death and cause serious physical injury to another person. If convicted of First Degree Assault in New York, you can be sentenced up to 25 years in prison.

Defenses. There are several defenses that you may have to an assault charge. In order to be convicted the prosecutor must prove every element of the crime beyond a reasonable doubt. One way to defend this is to show evidence negating one or more of those elements. For example, if you are charged with Third Degree Assault the prosecutor would need to prove that you intended to injure someone and that you actually injured someone. If you can show that either of those elements are absent, you must be found not guilty. For example, if the alleged victim wasn't injured, this may be a defense. Since the burden is completely on the prosecutor, there is no requirement that you show any evidence to accomplish this. You could accomplish this through the cross examination of the prosecutor’s witnesses to show there is reasonable doubt of your guilt.

Self Defense. Another way to defend assault cases is with an affirmative defense, such as self-defense. An affirmative defense is an argument that while you did commit the crime of assault, you were justified in doing so and therefore should not be found guilty. In order to successfully argue self-defense, you must show that you reasonably believed that physical force was necessary to defend yourself from what you reasonably believed to be an unlawful act of physical force by another. This means you actually had to believe self-defense was necessary and that your belief was reasonable. People v. Goetz, 68 N.Y.2d 96 (1986). If arguing an affirmative defense, you must show evidence that would support your argument of self-defense. A New York judge will only instruct a jury on self-defense if a reasonable view of the evidence supports your argument. People v. Smith, 62 A.D. 3d 411 (1st Dept., 2009). Self defense is highly circumstantial. This means that the facts and circumstances that led you to fear for your safety will be carefully scrutinized.

Common New York Assault Charges: P.L. 120.00 (1) – Assault in the Third Degree; P.L. 120.00 (2) – Reckless Assault; P.L. 110/120.00 (1) – Attempted Assault in the Third Degree; P.L. 240.26 – Harassment (charged in many assault cases). In conclusion, assault is a violent offenses in which you may be accused of striking or causing some improper physical contact with another person. They are often in the context of bar fights, domestic violence, fights with neighbors, or confrontations with strangers on the sidewalk. The degree of the injury is usually proportional to the severity of the facts. Felony assault is generally charged where a weapon was used or serious injury results. The penalties for assault offenses are serious. Misdemeanor assault carries a one year maximum jail sentence. Additionally, an assault conviction can lead to a criminal record, expose you to civil liability in which the purported victim may try to sue you for his or her injuries, and other complications.

Criminal Obstruction of Breathing or Circulation (PL § 121.11) and Strangulation (PL § 121.12, § 121.13)

In New York, the criminal obstruction of breathing or blood circulation charges happen if you, with intent to impede the normal breathing or circulation of the blood of another person, apply pressure on the throat or neck or block the nose or mouth. It is called strangulation and becomes a felony if there is a resulting loss of consciousness, physical injury, or a stupor.

Penalties for Criminal Obstruction of Breathing or Circulation (PL § 121.11) (Class A Misdemeanor): Up to one year in jail; Probation; Conditional discharge; Fine of up to $1,000; Unconditional discharge; There could be immigration consequences; Permanent criminal record.

Penalties (with no priors) for Strangulation in the 2nd degree (PL § 121.12) (Felony): Up to 7 years in prison; Fine of up to $5,000; Immigration consequences; Permanent violent felony conviction on your record.

Penalties (with no priors) for Strangulation in the 1st degree (PL § 121.13) (Felony): Up to 15 years in prison; Fine of up to $5,000; Immigration consequences; Permanent violent felony conviction on your record.

Obstruction of Breathing and Strangulation Cases in New York City

Obstruction of breathing is the misdemeanor version of the similar charges for strangulation. We often see Criminal Obstruction of Breathing charged in the context of a domestic violence case. This means that often, but not always, the victim and person arrested were or are married, dating, related, or have a child in common. Prosecutors in New York City are very aggressive when dealing with cases involving allegations of obstruction of breathing or strangulation. This is because unlike an assault which often causes pain or injury to soft tissue, strangulation or obstruction of breathing can kill, seriously injure, or psychologically injure the victim because the act threatens the victim's ability to breath. The human brain can start to die if deprived of oxygen for only 4-5 minutes.

We fight for our clients regardless of the allegations. Just because someone claims you strangled or obstructed their breathing does not mean that it is true or that there aren't other defenses or circumstances that should be raised in your defense. Being arrested for obstruction of breathing or strangulation does not have to result in a conviction. Contact us for an obstruction of breathing or strangulation case evaluation.

Relative Statutes For Criminal obstruction of breathing or blood circulation: 

§ 121.11 Criminal obstruction of breathing or blood circulation: A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she: a. applies pressure on the throat or neck of such person; or b. blocks the nose or mouth of such person.

§ 121.12 Strangulation in the second degree (Class D Felony): A person is guilty of strangulation in the second degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment.

§ 121.13 Strangulation in the first degree (Class C Felony): A person is guilty of strangulation in the first degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes serious physical injury to such other person.

 Burglary is one of the most serious crimes that you can be charged with in New York. Burglary can be charged in three separate degrees of seriousness. All burglary charges in New York are felonies, meaning you can be sentenced to state prison time if convicted. While many people associate burglary with theft, there is no requirement that anything be stolen in order to be charged or convicted of burglary. The basic definition of burglary is unlawfully entering a building with the intent to commit any crime therein. Any crime means you can be charged with Burglary if you allegedly entered to commit even something minor like a misdemeanor. For example, if you entered a building with your friends for an unofficial party, you could be charged with Burglary even if you didn't steal anything.

The least serious burglary charge is Burglary in the Third Degree (P.L. 140.20). This is a Class D felony, for which you can be sentenced up to 7 years in state prison. To be convicted of Burglary in the Third Degree it must be proven that you knowingly entered, or remained, unlawfully in a building with the intent to commit a crime therein. Unlawful means that you did not have permission or authority to enter the building. Intent to commit a crime means your reason for entering the building was to commit a crime inside. Your intent can be to commit any crime. Therefore, if you enter a building without permission with the intent to assault someone, you could be convicted of burglary. It is also not a requirement that you actually commit a crime while inside the building.

The next more serious charge of burglary is Burglary in the Second Degree (P.L. 140.25). Burglary in the Second Degree consists of the same elements as Burglary in the Third Degree, except there is some aggravating factor. If you commit the crime of burglary and the building is a dwelling, or if you enter with a weapon or hurt someone while inside, you can be convicted of Burglary in the Second Degree. A dwelling is defined as a building usually occupied by a person lodging there at night. This is a class C violent felony, for which you can be sentenced up to 15 years in prison. Prison time is mandatory if convicted of this offense.

The most serious level of burglary is Burglary in the First Degree (P.L. 140.30). If you commit the crime of burglary in a person’s dwelling AND are armed with a deadly weapon or cause injury to a person, you can be convicted of Burglary in the First Degree. Burglary in the First Degree is a class B violent felony, for which you can be sentenced up to 25 years in prison. Also, many prosecutors are more aggressive in pursuing someone charged with a residential burglary.

Burglary Defenses: How is the State going to prove that you committed the burglary? Is it based on fingerprints, video surveillance, DNA, fibers, eye-witness accounts, your statements? We take immediate action to attack the different forms of evidence that make up your case. We can order an independent analysis of the evidence performed by defense experts. Another way to defend a burglary case at trial is to argue that the State has failed to prove the charges against you beyond a reasonable doubt. Burglary cases are often circumstantial and if the jury can be persuaded to see the holes in the prosecutor's case, you could be acquitted. It is key to try and suppress as much evidence as possible at pretrial hearings in order to give yourself the best shot at an acquittal. It’s also possible to be convicted of lesser included charges. For example, if the State can show that you knowingly entered a building unlawfully, but cannot show that you had the intent to commit a crime then you could be convicted of trespassing instead of burglary. While this is still a conviction, it is a much less serious offense and could result in no incarceration. You could also argue that you did have permission or authority to enter the building and it was therefore not unlawful.

If you or a loved one was arrested for burglary in New York City or the surrounding area, you should know that this offense, as a felony, carries serious sentencing possibilities. Our firm is qualified to defend your burglary case. We will analyze the particular circumstances of your case and help you formulate a winning approach. Whether negotiating an acceptable plea bargain, or taking your case to trial, we will aggressively defend your rights and freedom.

 In New York City, a criminal court appearance ticket is pink colored ticket issued by the New York City Police Department for certain criminal offenses or violations of New York City rules and is answered by appearing before a judge in New York City criminal court on the date listed on the ticket.

Were you issued a pink colored ticket that says "criminal court appearance ticket" at the top? This is a commonly issued ticket ​ that can be issued for misdemeanors, violations, and traffic infractions in New York City. These tickets are different from desk appearance tickets because unlike a desk appearance ticket, you typically won't be fingerprinted or photographed when being issued a summons. Also, desk appearance tickets are prosecuted by the District Attorney but summonses are prosecuted directly by the Criminal Court. There are similarities too. Like desk appearance tickets, summonses can charge you with a misdemeanor and in New York, a misdemeanor is a crime which means being convicted of a misdemeanor can give you a permanent criminal record. Summonses are commonly issued for things like fighting, disorderly conduct, unlicensed driving, reckless driving, marijuana, weapons, possession of ammunition, subway offenses, and other similar things. A summons can also be issued to a corporation such as to a trucking company for safety or tax issues. The summons lists the day, time, and court that you must appear to face the charges. If you don't appear in court, a missed summons court date could lead to a warrant being issued for your arrest. If you can't appear in court or missed your court date, contact us because we may be able to appear for you.

We can fight your pink summons. If you were issued a summons in Manhattan, Brooklyn, Queens, Staten Island, or the Bronx, we can appear in court and fight to get your ticket dismissed or resolved with no criminal record. This can be done by exposing mistakes that the police officer made and by negotiating directly with the judge. Whether it's your first ticket or you've received them before, we will be able to discuss options for getting your summons successfully resolved. Depending on the circumstances, we can appear in court for you and resolve your case without a criminal record quickly. We can defend pink summons issued during a vehicle stop, after a fight, in the subway, at the airport (such as because of a weapon), in New York parks, and other New York City places.

Criminal Mischief (P.L. § 145.00, 145.05, 145.10, 145.12)

You can be charged with criminal mischief if you intentionally damage someone's property for no legitimate reason and without their permission. In New York, criminal mischief is a class A misdemeanor that carries a punishment of up to 364 days in jail and a permanent criminal record. Generally, a person is guilty of misdemeanor criminal mischief when he or she intentionally damages the property of another but there are many defenses to this charge. Initially, we will want to discuss the details of your criminal mischief arrest to understand why and how you were arrested and to see if your rights were properly respected during the investigation and subsequent arrest. Then, our defense effort targets the provability of the charges against you, obtaining a copy of all of the evidence and charges filed in court, and any legal defenses that you have.

We often see criminal mischief cases in the context of alleged drunken altercations, such as a bar fight, in domestic violence situations where an intimate partner is accused of damaging a cell phone, and in angry encounters on the street and sidewalk between pedestrians and motorists. A critical question in any criminal mischief situation is regarding the value of the damaged property. If the damage is greater than $250, criminal mischief can be charged as a felony. Criminal mischief is broken up into 4 degrees with 1st degree being the most serious.

Criminal Mischief Types and Penalties

Criminal Mischief in the 4th Degree, PL § 145.00

Property damage – Class A Misdemeanor, Up to 364 days in jail, Permanent criminal record

A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: 1. Intentionally damages property of another person; or 2. Intentionally participates in the destruction of an abandoned building as defined in S. 1971(a) of the real property actions and proceedings law; or 3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars; or 4. With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, TTY or similar communication sending equipment while that person: (a) is attempting to seek or is engaged in the process of seeking emergency assistance from police, law enforcement, fire or emergency medical services personnel; or (b) is attempting to seek or is engaged in the process of seeking emergency assistance from another person or entity in order to protect himself, herself or a third person from imminent physical injury. The fact that the defendant has an ownership interest in such equipment shall not be a defense to a charge pursuant to this subdivision.

Criminal Mischief in the 3rd Degree, PL § 145.05

Damage was over $250, were breaking into a car, or priors for criminal mischief – Class E Felony, Up to 4 years in prison (if no prior felonies), Permanent criminal record

A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: 1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or 2. damages property of another person in an amount exceeding two hundred fifty dollars.

Criminal Mischief in the 2nd Degree, PL § 145.10

Over $1,000 of property damage – Class D Felony, Up to 7 years in prison (if no prior felonies), Permanent criminal record

A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand

five hundred dollars.

Criminal Mischief in the 1st Degree, PL § 145.12

Property damage due to an explosion – Class B Felony, Up to 25 years in prison, Permanent criminal record

A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.

If you or a loved one is under investigation or has been issued a Desk Appearance Ticket for criminal mischief, then contact us as soon as possible. Without proper legal representation, you may be forced into an oppressive sentence if convicted which may consist of jail, probation, fines, restitution, immigration consequences, and a permanent criminal conviction.

We handle cases involving: Damage to cars, Damaged cell phones or computers, Damaged furniture, Damage to buildings, Damaged personal property, Broken windows, Damaged city property, Domestic violence, property damage, All other damaged items.

Criminal Contempt (violation of an order of protection)

In New York, you can be charged with criminal contempt if you disobey an order of protection such as by contacting the protected party or you act disruptive in court, interfere with legal process, interfere with legal proceedings.

When an order of protection (or a restraining order) is issued in criminal or family court, it often says that a particular person must stay from another person (the protected party). Orders of protection can order you to stay away from a certain person, their home, their place of work, and refrain from contacting them but the exact conditions can vary from case to case.

Common types of criminal contempt cases that we see:

Violation of a family court order of protection - misdemeanor

Violation of a criminal court order of protection - misdemeanor

Repeated violations of an order of protection - often a felony

Violent or criminal violation of an order of protection - often a felony

Defenses: Often, a contempt case is joined by an underlying criminal case or more than one underlying criminal cases. Being arrested for contempt can aggravate the situation you were facing by adding a misdemeanor or felony charge. We can defend the contempt case and defend any underlying cases. In preparing a defense, we will sit down with you to discuss the current case and any underlying cases to understand things from your point of view. From there, we can develop an effective strategy to fight the charges and resolve the case(s) with the type of outcome that you need.

A desk appearance ticket, (sometimes just called “appearance ticket”) under C.P.L §150.10, is a written notice issued by a police officer which directs a defendant to appear in criminal court at a designated date and time in connection with an alleged crime. Desk appearance tickets are more serious than pink colored NYPD summonses and are generally used for misdemeanor charges. If you receive a desk appearance ticket but fail to appear, the court may issue a warrant (C.P.L §150.60). This warrant may, in turn, lead to very serious consequences including long periods of incarceration and arrest at home or your place of work. Following arrest, a police officer can choose to give you a desk appearance ticket instead of bringing you to central booking. It is a substitute, then, for the "normal" arrest process. The desk appearance ticket lists a "return date" which tells you and your lawyer when and where to appear for your arraignment. At an arraignment, you and your lawyer will be informed about the charges and bail can be set. Depending on the charges, a desk appearance ticket carries the risk of incarceration, fines, immigration consequences and a permanent record. If it is shoplifting related, there is also a risk that the store may sue for damages that can greatly exceed the value of the merchandise. If it is assault related, there is a risk that, depending on the outcome, you may suffer civil liability. Please contact us to discuss other consequences of your desk appearance ticket.

Is a desk appearance ticket serious? Yes. See the sentencing chart below. Regardless of whether this is your first arrest, or whether you've been arrested before, you should never go to criminal court without calling us first. You'll be glad that you did.

Do I Need a Lawyer? Yes. A desk appearance ticket signals the start of a criminal prosecution and you are required to have a lawyer defending you in court. Contact us anytime (nights and weekends are ok) for a confidential case evaluation which can be conducted in person or over the phone. This evaluation will allow us to advise you of the situation you are facing, any defense you might have, and ways to achieve your goals.

MAXIMUM PENALTIES FOR CERTAIN DESK APPEARANCE TICKET OFFENSES:

Theft of Services:

Code PL 165.15 – Jail 1 Year – Other Consequence DNA Sample – Permanent Record Yes

Shoplifting:

Codes PL 155.25, 165.40 – Jail 1 Year – Other Consequences DNA, Store may sue you – Permanent Record Yes

Marijuana:

Code PL 221.10 – Jail 90 Days – Other Consequences License Suspension – Permanent Record Yes

Drug Possession:

Code PL 220.03 – Jail 1 Year – Other Consequence DNA, Suspension – Permanent Record Yes

Suspended License:

Code VTL 511 – Jail 30 Days – Other Consequence DNA Sample – Permanent Record Yes

Assault (3rd Degree):

Code 120.00 – Jail 1 Year – Other Consequence DNA Sample – Permanent Record Yes

Trespassing:

Codes 140.10, 140.05 – Jail 1 Year – Other Consequence DNA Sample – Permanent Record Yes

Desk Appearance Ticket Tips

Tip #1

Treat it seriously. If you have a clean record, you may be unaware of the advantages and benefits you have received in life because you did not have a criminal record. That could all change, now. Desk appearance tickets usually charge misdemeanors and misdemeanors are crimes in New York. . Also, additional charges could be added in court on the "return date" listed on your desk appearance ticket. If you are not a US citizen, you could suffer severe hardship simply because you were arrested and further hardship if you are convicted. This can happen even if you were in the United States legally when you received your desk appearance ticket.

Tip #2

Know what it is. This is a criminal prosecution. Occasionally, an arresting officer might remark that this is just a ticket or that it will just get dropped. This isn't true. While a speeding ticket may be just a ticket, a desk appearance ticket signals the beginning of a criminal prosecution in which the District Attorney is trying to convict and punish you.

Tip #3

Don't make your desk appearance ticket worse. Be careful of the natural desire to handle it by yourself. Common mistakes involve contacting the court or district Attorney or witnesses prior to consulting with an attorney. This is because anything you say to a court employee or prosecuting official could be used against you later. For example, if you speak with a witness and that witness gets the wrong idea about your intentions, you could face additional charges in court. If you contact the court to get the date changed, a misunderstanding could lead to a warrant being issued for your arrest.

Tip #4

Don't assume anything. Often, the arrest process happened without your input or after you tried to explain yourself. Even without your input or after a failed attempt to defend yourself, you were arrested and given a desk appearance ticket anyway. So, don't assume a Criminal Court judge will be on your side to any greater extent than the police officer who gave you the desk appearance ticket. It is a better strategy to be cautious and take your time to prepare a winning defense.

Tip #5

Don't be in a hurry. Never get rushed into some kind of outcome in court on your desk appearance ticket court date. Even lenient sounding outcomes could be disastrous for you. Convictions carry employment, immigration, and civil risk. Any agreement that you make could lead to other consequences. For example, having the wrong outcome could even include a deal that avoids jail and probation if you are a professional, have a professional license, are not a US citizen, are in danger of being sued or are going to be subjected to a background check in your future.

Tip #6

Get help with your desk appearance ticket. Contact and experienced criminal defense attorney immediately. This is not the time to get help from your nephew who took a few law classes or your friend who is a family law attorney. Instead, you should seek help from a criminal defense attorney who focuses on criminal cases. This is because part of a successful defense will involve knowledge of New York's criminal law and part will involve past successful experience handling cases similar to yours.

If you have been issued a Desk Appearance Ticket for Disorderly Conduct (P.L. § 240.20), then contact us as soon as possible. Without a proper defense, you may end up being convicted in court. Disorderly conduct is punishable by up to 15 days in jail and is considered an offense under the penal law.

In the New York Penal Law, Disorderly conduct is set forth as follows:

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: He engages in fighting or in violent, tumultuous or threatening behavior; or He makes unreasonable noise; or In a public place, he uses abusive or obscene language, or makes an obscene gesture; or Without lawful authority, he disturbs any lawful assembly or meeting of persons; or He obstructs vehicular or pedestrian traffic; or He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

Being arrested and charged with domestic violence in New York City can be a frightening, stressful, and complicated experience. You can lose your freedom, home, job, and passport for simply being arrested and before the issue of your guilt or innocence has been decided. Your freedom and/or passport can be affected if bail is set at the arraignment (your first appearance in court immediately after arrest). Your home can be lost if the judge issues an order of protection (restraining order) that prohibits you from entering a shared residence where the victim lives or lived. Your employment can be affected if your employer finds out about the arrest or if your arrest and/or future court dates causes an impermissible absence from work. Misdemeanors, the least serious type of domestic violence cases, generally carry penalties of up to a year in jail and felonies carry the risk of a long state prison sentence. Domestic violence charges are the same as for non-domestic related violence but the "domestic" designation to the violence used can enhance enforcement and penalties.

Our firm can provide a tough and experienced defense for clients accused of misdemeanor or felony domestic violence charges. Regardless of the facts and circumstances of your case, we are able to take immediate action to avoid conviction, contest the order of protection, and fight to get your case dismissed. We will carefully analyze every detail of the prosecutor’s case so we can carefully explore and pursue every possible avenue to get the charges dropped. As part of this, we carefully review the nuances and inconsistencies of the different accounts made by the accuser.

Domestic Violence Definition. In New York, Domestic violence is a general term for crimes committed against people related by blood, a past or current marriage, domestic partnership, or living arrangement, blood (consanguinity), or having children in common. Victims can include current or former romantic partners, parents, and children.

New York Domestic violence laws are a collection of laws designed to work together to prosecute offenders, enhance penalties, and protect victims. Domestic violence laws are triggered whenever a criminal offense is committed against a victim who has a past or current relationship with the accused.

The New York City Police Department (NYPD) has a tough mandatory arrest policy when investigating domestic violence. This means that if you are suspected of domestic violence, even if the facts are less than clear, you may be automatically arrested and prosecuted without a chance to tell your side. Additionally, in New York City domestic violence cases, the prosecutor often attempts to get a statement from you before you have a chance to get a lawyer. Any statement can turn into a confession and hurt your case. In court, the District Attorney is under pressure to secure a conviction with a harsh sentence because the public is increasingly concerned that domestic abusers are getting away with it.

Once the prosecution starts, you might be prosecuted even if the victim recants (takes it back) and tells the prosecutor they don’t want to press charges. This is because the District Attorney, in anticipating that many domestic violence victims recant after the arrest, uses every legal strategy available to continue the prosecution. In some cases, this means using prior statements the accuser made to the police in which the accuser detailed the crime. Depending on the severity of the charges, you could face imprisonment (up to 1 year for misdemeanors), probation, mandatory counseling, community services, as well as having an order of protection issued against you that may prevent you from communicating with your loved ones.

No actual "violence" needed. A large number of domestic violence cases involve only threats, stalking, harassment, and other non-violent accusations. We can defend people who were accused of theft for stealing a former intimate partner’s property and can defend cases where our client was charged with intentionally damaging the victim’s property (such as furniture that was damaged during a loud argument). With the rise of texting, email, and social networking, there has been a steady rise in these types of cases. The penalties for misdemeanor theft, property damage (criminal mischief), stalking, harassment, or other threatening communications is largely the same as for violent misdemeanors. Both types are usually charged as class A misdemeanors which carry a one year jail maximum.

Dynamics of Domestic Violence and Why it Matters to Your Case

Situational violence – argument leads to isolated incidence of physical violence. Not part of a larger pattern of domination, abuse, or control. Here, women are more likely to be abusers as in other dynamics of abuse but women are more likely to be injured (Ooms, Theodora (2006). 

Intimate terrorism – Pattern of ongoing psychological control. Physical, emotional, and other tools are used interchangeably to wear away the victim’s resistance. 

Violent resistance – situations where the victim violently lashes out against the abuser (such as battered spouse syndrome) 

Common couple violence – situations where both partners routinely engage in domestic violence

Mutual violent control – both partners use violence to battle for control

Types of Domestic Violence: Assault, Stalking, Rape, Murder

History of Domestic Violence in the United States

Historically, there has been strong public pressure to track not only violent offenses, but violence that happens in the home. Although domestic violence often concerns people in the context of an intimate relationship, it may apply to other violence that occurs within the home such as violence against child by a parent, against a parent by a child, or between siblings. Domestic violence trends are monitored by national and international agencies, governmental, and non-governmental agencies. Women are the most common victims of domestic violence, suffering a disproportionate amount of the physical and mental harm. Men can also be victims of domestic violence and because they do not fit the more common victim profile (which are women), men may be more hesitant to complain because they may fear being ridiculed or not taken seriously. Some racial groups face disproportionately higher rates of domestic violence. About 60% of Native American women will be victims of domestic violence at some point in their lives.

Domestic violence often results from relationship power struggles that result from both partners struggling for control, one partner unilaterally seeking total control, or something in-between. Violent and non-violent tactics may be used by one or both partners. In some countries, domestic violence is more rampant than in the Unites States. The rate of Domestic violence in Central America, India, Africa, and the Middle East is particularly high.

About 1 to 3 million incidents of domestic violence happen annually in the United States. Women report abuse about six times more often than men. Sadly, domestic violence happens against pregnant women which can lead to the death of the fetus. About one in four women in the US will be victims of domestic violence at some point in their lives and domestic violence is a leading cause of injury for adult women.

Mandatory Arrest Policies. New York City, like many other places in the US, have mandatory arrest policies. Typically, a police officer can make an arrest when he/she has probable cause to believe that a crime has been committed. Probable cause is the subjective but reasonable belief that a particular person did particular things that constituted a criminal offense. If a police officer sees certain things that give him/her probable cause, the police officer is, legally, able to make an arrest but is not typically required to make the arrest. For example, sometimes people have had experience talking police officers out of making an arrest in a situation where the officer was allowed to (such as with suspected DWI, a bar fight, being disorderly in public). Mandatory arrest policies prevent a police officer from not making an arrest if he has probable cause. Under a mandatory arrest policy, the police officer’s personal desire to not make the arrest (such as because he doesn’t want to be bothered, or “likes” the accused) can’t prevent the officer from making the arrest and the arrest must proceed. In 1981-1982, the Minneapolis Domestic Violence Experiment was done which looked at several possible ways to handle a domestic violence complaint including (1) sending the abuser away for 8 hours, (2) giving advice and mediation to both parties, and (3) making an arrest. Making a domestic violence arrest was found to be the most effective response. In the years that followed, 23 states and Washington DC adopted mandatory arrest policies as a way to respond to domestic violence arrests.

Perpetuators of domestic violence are subject to arrest and criminal prosecution in New York Criminal Court. Although assault is the most common type of charge, strangulation, harassment, theft, criminal mischief, and other charges can be added depending on what is alleged to have happened. Domestic violence allegations can have significant impact on child custody proceedings because if one parent is viewed as being abusive, a family court may decide to award custody to the non-abusive spouse to protect the child from past or possible future abuse.

Common Domestic Violence Charges

P.L. 120.00 – Assault in the First Degree

P.L. 110/120.00 – Attempted Assault

P.L. 240.26 – Harassment

P.L. 240.30 – Aggravated Harassment

If you or a loved one has been arrested or issued an appearance ticket for driving with a suspended license (VTL 511 - unlicensed operation), then contact us as soon as possible. Without proper legal representation, you may face a permanent criminal record, probation, excessive fines, and/or additional license suspension.

Typically, a person is guilty of this type of offense when he or she operates a motor vehicle upon a public highway while knowing or having reason to know that his/her license or privilege of operating such motor vehicle in this state is suspended, or revoked.

Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be: (i) a fine; (ii) a term of imprisonment of up to 30 days; (iii) both such fine and imprisonment; (iv) a permanent criminal record; and possible other consequences.

Our Office handles cases involving: VTL 511 (1)(a); VTL 511 (2)(a)(4); VTL 511-a; and any other similar offense.

If you did not know your drivers’ license was suspended, this may constitute an important defense. Our firm will see that your rights are protected and ensure that you cases is properly handled. We will carefully evaluate your case and determine the best legal strategy. This evaluation may reveal that you were improperly pulled over by the police or deficiencies in the prosecutor's case.

Driving: Aggravated Unlicensed Operation

Aggravated Unlicensed Operation Motor Vehicle - 3rd Degree

VTL 511: Operation while license or privilege is suspended or revoked; aggravated unlicensed operation.

A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner.

Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be: (i) a fine of not less than two hundred dollars nor more than five hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.

When a person is convicted of this offense with respect to the operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than fifteen hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.

Facing a prosecution for criminal possession of a controlled substance is embarrassing and the prospect of a permanent record, probation, or incarceration is stressful. Additionally, controlled substance charges under section 220 of the Penal Law carry the risk of license suspension.

Our firm will seek out the flaws in the state's case which can be found in police errors, chain of evidence mistakes, and in violations of your constitutional rights such as improper search and seizure. Whether your case involves cocaine, methamphetamine, ecstasy or MDMA, prescription drugs, heroin, or any another controlled substance, it is important that you have an experienced attorney who knows how to handle the unique aspects of your case.

Common Charges

P.L. 220.03 – Criminal Possession of a Controlled Substance in the Seventh Degree (Misdemeanor)

P.L. 178.05 – Criminal Diversion of Prescription Medication

P.L. 220.06 – Criminal Possession of a Controlled Substance in the Fifth Degree (Felony)

P.L. 220.09 – Criminal Possession of a Controlled Substance in the Fourth Degree (Felony)

P.L. 220.16 - Criminal Possession of a Controlled Substance in the Third Degree (Felony)

P.L. 220.18 - Criminal Possession of a Controlled Substance in the Second Degree (Felony)

P.L. 220.21 - Criminal Possession of a Controlled Substance in the First Degree (Felony)

We understand that if you are arrested for Driving Under the Influence or Driving While Intoxicated, you can lose your license and your car before setting foot in a courtroom. A conviction may lead to incarceration, a criminal record, fines, and license revocation. That is why taking immediate action and aggressive representation are the hallmark of our DWI/DUI defense efforts. We will work tirelessly to get you the results that you need. For purposes of this web page, DWI and DUI are used interchangeably because they often refer to the same thing - the illegal operation of a motor vehicle while intoxicated by alcohol or drugs.

One of the more aggressively prosecuted crimes in New York is Driving While Intoxicated (DWI). This is especially now that New York City is pushing for zero traffic related fatalities by increasing enforcement. DWI can be charged as a traffic infraction (Driving While Abilities Impaired - DWAI), a misdemeanor, or a felony, as well as under different theories of guilt. DWI / DUI convictions also carry very hefty punishments including incarceration, probation, lengthy alcohol treatment programs, ankle bracelet monitoring, fines, license suspensions, and installing an ignition interlock device in your car.

Common law DWI / DUI (VTL 1192.3). The most commonly charged DWI / DUI is the misdemeanor criminal offense. There are two ways you can be found guilty of DWI / DUI. One way is the “common law” theory which simply states that you cannot operate a motor vehicle while in an intoxicated condition. This is the argument that prosecutors make when a person refuses to submit to a breathalyzer and there is no BAC reading. In order for you to be convicted of a DWI / DUI under this theory the prosecutor needs to prove beyond a reasonable doubt that you were operating a motor vehicle in an intoxicated condition. These types of cases usually turn on the evidence regarding intoxication and operation of a motor vehicle. You are considered intoxicated under the law when you have consumed alcohol to the extent that you are incapable to a substantial extent of employing the physical and mental capabilities which you are expected to possess in order to be a reasonable and prudent driver. When there is not a BAC reading, the officer’s observations of your driving, your appearance of drunkenness, and your performance on sobriety tests will go a long way in convincing a jury if you were drunk or sober. You are considered to be operating a motor vehicle (driving) if you are seated in the driver's seat with the present intention of driving.

Statutory DWI / DUI (VTL 1192.2). Another common DWI / DUI charge is to have a blood alcohol content (BAC) greater than .08 of 1 percent. If the prosecutor can show that you had a BAC greater than .08 while you were operating the car, you will be convicted of DWI regardless of your driving abilities being affected. Factors such as the lapse in time between operation and the test, whether the proper procedures were followed in administering the test to you, and the qualifications of the test administrator will all be relevant. Did you take more than one breath test? Sometimes, the police will have you submit to a breath test on the side of the road as well as later at the precinct. Differences between these tests are relevant to the question of whether these breathalyzers were working properly.

If convicted of a DWI under either of these two theories, you will have a permanent criminal record. You will also have your license suspended for 6 months, face up to $1,000 in fines (for each misdemeanor charge), up to 1 year in jail, need to install an ignition interlock device in your car, and have to pay a $750 DMV fee. Also, if you refused a breathalyzer, your license will be revoked for a period of 1 year regardless of the outcome of your criminal case. Following conviction, the DMV may charge you additional fees, your insurance could increase dramatically, and you could suffer permanent immigration, international travel, employment, and other consequences.

Felony DWI. DWIs can also be charged as felonies. One way to be charged with a felony rather than a misdemeanor is if you are caught driving while intoxicated with a person less than 16 years old in the car. This law is commonly known as Leandra’s Law. The prosecutor must prove the same elements as the misdemeanor DWI with the one addition of a child also being present in the car. If you are convicted of this type of DWI, you will be convicted of a class E felony. You will face up to 4 years in New York State prison. Prosecutors treat Leandra’s Law DWIs extremely seriously and it is not uncommon for a person with no criminal history to realistically face upstate prison time if convicted. Another way to be charged with a felony DWI is if you are charged with your second DWI in the past 10 years. This will also result in a class E felony and you can be sentenced up to 4 years in New York State prison.

Our DWI Services Include:

Felony DWI (1192.2, 1192.3)

Misdemeanor DWI (1192.2, 1192.3)

Aggravated DWI (1192.2-a)

Driving while Ability Impaired DWAI (1192.1)

Refusal Case (1192.3)

Marijuana related DUI / DWI (1192.4)

Narcotics related DUI / DWI (1192.4)

Medication related DUI / DWI

Portable Breathalyzer DUI / DWI

DMV Hearings

Vehicle release proceedings

License suspension hearings

Conditional License Assistance

The first law against drinking and driving was passed here in the State of New York in 1910. Afterwards, other states passed similar laws. The early laws did not indicate a maximum blood alcohol level or specify any procedure for testing coordination. They generally prohibited drunk driving, and police officers and judges were left to enforce the law as they saw fit. Starting in 1938, a maximum BAC (Blood Alcohol Concentration) was set at 0.15%. In 1966 it was lowered to 0.10% and to 0.08% in 2003. Each new limit was accompanied with new scientific research suggesting that people just under the limit would be able to drive reasonably well. Interestingly, emerging research suggests that driving with a BAC of 0.08 is about as likely to result in an accident as driving while talking on a cell phone, yet the former is subject to much greater penalties.

DWI for being under 0.08%. You can be arrested and charged with Driving While Intoxicated even if you are under the limit if the arresting officer thinks that, based on the circumstances, you are intoxicated. These circumstances may include allegations of bad driving, an odor of alcohol, red and/or watery eyes, or slurred speech. If you are under the 0.08 limit, you could also be charged with Driving Under the Influence which is sometimes called "driving while buzzed.". You can also be charged with either DWI or DUI even if you are under the influence a non-alcoholic substance.

Today, DWI & DUI enforcement has never been stricter. There are enhanced penalties for driving with a very high BAC (aggravated DWI - 0.18 or higher) and you can be charged with a felony if you have a prior DWI conviction (even from out-of-state). You can also be charged with a felony if you are driving while intoxicated for the first time and minor children are present during the alleged offense (Leandra's Law). Whether you are pulled over during a "routine" traffic stop, stopped at a checkpoint, or otherwise accused of driving while intoxicated, you may be asked to submit to a breathalyzer test on the side of the road and/or at a police precinct. Additionally, you may be asked to perform a coordination test in front of a video camera. If you refuse to take these tests, you may face an automatic license suspension and the fact of your refusal may be offered as evidence against you. The subsequent prosecution may result in a combination of incarceration, a criminal conviction, license revocation, and the permanent loss of your car.

During our consultation, we will discuss whether the police had a right to stop you, the existence of any breathalyzer tests or video, your chances of success, and what it would take to succeed. Sometimes, it may be possible to negotiate a suitable outcome and realize your objectives early in the litigation. Other situations may demand further effort, up to and including trial.

DWI PENALTIES IN NEW YORK

Driving While Impaired (1192.1) – Max Jail 15 Days - 90 Day License Suspension

Driving While Intoxicated (1192.2 or 1192.3) – Max Jail 1 Year - 1 Year License Revocation

Driving While Impaired by a Drug (1192.4) – Max Jail 1 Year - 6 Month License Revocation

Aggravated DWI (1192.2a) – Max Jail 1 Year - 1 Year License Revocation

Second DWI in 10 Yrs (1192.3) – Max Jail 4 Years - 18 Month License Revocation

Third DWI in 10 Years – Max Jail 7 Years - Permanent License Revocation

Second DWI in 5 Years (1192.1) – Max Jail 30 days - 6 Month License Revocation

Federal criminal defense concerns crimes involving violations of the U.S. Constitution, interstate commerce violations, offenses that cross state boundaries, and other crimes specified by federal law.

The following are some of the federal crimes that we handle:

Drug possession; Drug delivery; Internet crime; Bank robbery; Bank fraud; Mail fraud; Interstate crimes; Pornography cases; Marijuana cases; Smuggling controlled substances; Large quantity narcotic conspiracy cases; Federal income tax evasion; Crimes committed on federal land; Theft from the mail; Bribery of public officials; Mortgage fraud; Insurance fraud; Other frauds

New York State Law is very strict concerning unlawful possession of a firearm. If you have been charged with unlawfully possessing a firearm, consult with our firm as soon as possible. The laws concerning firearm possession vary greatly from state to state and New York has very different laws from what you may be used to. Firearm charges can be very stressful and could have a detrimental effect on your life and your future.

Forcible touching is when someone intentionally, and for no legitimate purpose, forcibly touches the sexual or intimate parts of another person for the purpose of degrading or abusing such person, or for sexual gratification, or, with the same intentions, subjects someone to sexual contact on mass transit.

Forcible touching is often charged with Sexual Abuse in the Third Degree and both are misdemeanor sex crimes in New York. Sexual abuse is, generally, subjecting someone to unwanted sexual contact. Forcible touching is punishable by up to 364 days in jail, and, if the victim was a minor or if there is a prior sex offense conviction, sex offender registration would be required.

Forcible touching penalties

Up to 364 days in jail; Probation for 6 years; $1,000 fine per misdemeanor; Possible sex offender registration; Permanent criminal record; Immigration consequences.

Forcible touching cases in NYC

Arrests for this offense are more common in Manhattan because the police target crowded subway trains which are more common in Manhattan. The Manhattan District Attorney aggressively prosecutes forcible touching cases as the public has voiced significant alarm over the prevalence of sex offenses committed in the subway and other crowded places in public. It is not uncommon for the District Attorney to fight for a jail sentence even if it is someone’s first time being arrested. In defending cases like these, we first try to set up a case evaluation to go over the specifics of each and every case. Because winning a case in criminal court comes down to revealing a source of reasonable doubt, our analysis targets discrepancies and weaknesses in the prosecutor’s case. We seek police records, witness statements, and investigate the allegations to see what the prosecutor claims our client did and, from there, we build a defense that will maximize ways to get it dismissed. In a single case, we may review hundreds of documents, images, and court filings to pursue the best possible defense strategy. We have obtained dismissals based on lack of proof beyond a reasonable doubt, prosecutorial error, and on other grounds. If dismissal isn’t possible, we pursue any and all possible ways to negotiate an outcome that avoids jail, a criminal record, and sex offender registration. If you or a loved one has been charged with forcible touching or any other New York City sex crime, contact us today for a case evaluation.

§ 130.52 Forcible touching (Class A Misdemeanor)

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose: 1. forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire; or

2. subjects another person to sexual contact for the purpose of gratifying the actor's sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions. For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

Forgery (P.L. 170.05) and possession of a forged instrument (P.L. 170.20) are both class A misdemeanors which carry the risk of a permanent record, probation, incarceration, and immigration / travel consequences. Our firm handles forgeries regarding:

Fake ID’s (such underage drinking related); Forged Parking Plaques; Forged Temporary Tags; Forged Auto Insurance Cards; Credit / Debit / Gift Cards; Counterfeit U.S. Currency; and all other Forgery Cases.

Whether your case is in Manhattan, Queens, Brooklyn, Staten Island, The Bronx, Westchester, or Long Island, our office will vigorously defend your forgery case. Forgery cases present unique opportunities for a winning defense based on the type of forged instrument alleged, the indications of forgery, and the state’s evidence regarding whether or not you knew that the item was a forgery.

In New York, Fraud is broken down into the following categories:

Article 170 – Forgery and Related Offenses

Article 180 – Bribery

Article 190 – Other Frauds (Bad Checks, ID Theft, Criminal Impersonation)

Regardless of the specific fraud you are facing, all frauds have common issues in an effective defense. One of these issues is whether you knew about the fraudulent nature of the item or action you are accused of and what your intention was. Unlike many other offenses, fraud cases are very sensitive to what you knew and when you knew it and what your intentions were.

To give you an example, we see individuals charged with possessing forged instruments (P.L. 170.20) but not with forging them (P.L. 170.05) because it's usually unprovable who the creator of the forgery was. In New York City, forged instrument possession usually concerns making a fake ID, parking plaque, temporary tags, credit card, or U.S. Currency. If the offense is a misdemeanor, it is punishable by up to one year in jail and may have other consequences. We will examine your case to see if the State has any evidence that you knew the item was a forgery or if the State properly searched or seized you. This legal analysis could make the difference in your case.

Credit Card Fraud

This kind of fraud concerns obtaining credit cards through the mail or that are lost or stolen, counterfeiting cards, or improperly accessing accounts or obtaining account information. Depending on the seriousness of your case, you may be investigated by state or federal authorities which can include the Secret Service. Having an experienced New York City Criminal Defense Attorney is important in having your case successfully resolved. Credit card frauds can carry terms of over 10 years incarceration in state prison depending, largely, on the size of the fraud.

In New York, Grand Larceny generally refers to felony theft charges. If you have been accused of stealing something worth $1,000 or more, you can be charged with Grand Larceny. You can be charged with Grand Larceny in the 4th Degree, 3rd Degree, 2nd Degree, 1st Degree. Each degree is charged based on the value of the theft with 1st degree being the most serious. Grand Larceny is often charged in connection with stolen property or stolen money such as diverted funds (embezzlement). Because it is a felony, there is significant risk of bail at the arraignment and a jail penalty. As with any felony, the danger to you is a prison sentence and the consequences of a felony conviction.

Grand Larceny in the 4th Degree

Common Grand Larceny in the 4th Degree cases: The value is over $1,000; Or the property consists of a credit/debit card, taken from the person of another (theft from someone's hand), or obtained by extortion.

Grand Larceny in the 4th Degree Penalties: Up to 4 Years in State Prison; Permanent felony conviction; Significant consequences for future employment, immigration, and travel.

Common NYC Grand Larceny Cases: Fraud; Embezzlement; Shoplifting; Taking something from someone's hand or body.

Grand Larceny Defense

We start with doing a thorough initial case evaluation designed to look for hidden defenses and weaknesses in the prosecutor's case against you. From there, we are able to fight for a dismissal or reduction of the charges to avoid conviction and any proposed jail sentence. We defend by pointing out deficiencies in the records that the police used to accuse our clients, inconsistent witnesses statements, improper valuations of property or funds allegedly stolen, and other grounds.

Grand Larceny Penalties

 P.L. 155.30 Grand Larceny Penalties for First Time Offenders - New York

If you've been convicted of Grand Larceny in the 4th Degree, in addition to a permanent felony conviction, you face the following sentencing possibilities. If you're a predicate felon, the penalties are more sever and are not reflected below:

State Prison having a maximum term of not less than 3 years and not more than 4 years, and a minimum term of not less than 1 year and not more than one-third of the maximum term. Penal Law 70.00. Thus, the least such sentence is 1 to 3 years, and the greatest such sentence is 1 and one-third to 4 years.

Jail (Riker's Island) up to 1 year, if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence. Penal Law 60.01(3)(a) and 70.00(4).

Intermittent Jail. This is alternating periods of jail and release. Penal Law 60.01(2)(a)(ii) and 85.00.

A split sentence including both jail and up to 5 years of probation. The jail portion of the sentence may be either a definite sentence of imprisonment of up to 6 months, or intermittent jail of up to 4 months. Penal Law 60.01(2)(d), 65.00(3)(a)(i).

Probation for 3, 4, or 5 years IF the court makes a special finding that jail is not necessary for the protection of the public, and the defendant is in need of guidance, training or other assistance which, in his case, can be administered through supervision by the department of probation, and (iii) such disposition is not inconsistent with the ends of justice. Penal Law 60.01(2)(a)(i) and 65.00. Interim probation supervision is also a possibility see CPL § 390.30(6)

Interim Probation is for one year, but may be extended for an additional year if defendant agrees and participates in a treatment program. CPL § 390.30(6).

A conditional discharge for 3 years, if the Court having regard to the facts and circumstances of your case, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate. A conditional discharge is a relatively light penalty because there is no jail and no probation however the court will have to make a special exception to do this in anyone's case. Penal Law 60.01(2)(a)(i) and 65.05. An unconditional discharge is also possible. The difference between a conditional discharge and unconditional discharge is whether the court is imposing any conditions on you during a certain defined period of time. Penal Law 60.01(3)(d) and 65.20(1).

A fine of up to 5,000 dollars or double your gain from the crime may be imposed by itself or in addition to imprisonment, probation, or the other penalties described above. Penal Law 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.00. Mandatory surcharges and restitution also apply.

In some states, possessing a firearm is not against the law. In the state of New York, harsh penalties apply if you are found in possession of a firearm. Whether this is fair in light of the 2nd Amendment is being argued nationally but until things change, New York State laws against possessing an unlicensed firearm are enforced and convictions are upheld. Unlike your drivers license, an out-of-state firearm license isn't recognized in New York. This often leads to the arrest and prosecution of unsuspecting visitors or transplants caught with an illegal firearm at a tourist attraction such as the Statue of Liberty, Empire State Building, or while driving through or at the airport. Criminal possession of a weapon in the second degree, P.L. 265.03, is commonly charged when someone is arrested with an illegal firearm.

Under P.L. 265.03, it is a class C violent felony if you posses:

Any loaded firearm outside of your home or place of business; 5 or more firearms; A machine gun, loaded firearm, or disguised gun with intent to use unlawfully against another.

First Offense Penalties can include

A minimum of 3.5 years in New York State prison; A maximum of 15 years in New York State prison; Fines of up to $5,000

If you or a loved-one has been arrested for gun possession in New York City, things can move quickly. The first court appearance, called the arraignment, can happen within hours of the arrest and bail can be set which means that you can’t go home unless and until someone bails you out. From there, the district attorneys throughout New York City aggressively pursue a conviction. Even if this is your first arrest and no one was hurt, you face a mandatory minimum jail sentence of three and a half years in state prison. Steps taken immediately after your arrest may help unlock hidden defenses and ways to plead your case in a way designed to get the charges dismissed or reduced. How the weapon was found, whether you had a lawyer present during any questioning, and the general circumstances surrounding your possession and the kind of life you lead could help you fight back.

Generally, harassment (PL 240.26) has to do with unwanted conduct intended to harass, annoy, threaten, or alarm someone. This can occur via telephone, email, text, voicemail, or any other means of communication. Interestingly, harassment in New York can either be physical or non-physical even though it is generally thought of as based on non-physical conduct. The physical version of harassment under 240.26 (see the assault page) can either be committed in the course of an assault or the result of an assault that does not produce injury. Aggravated Harassment, under 240.30 of the penal law, can be based on a shove, strike, kick, or other physical contact due to certain intolerance or bigotry.

Common New York Misdemeanor Harassment Charges:

P.L. 240.30 - Aggravated Harassment

P.L. 240.26 - Harassment

Possible penalties for misdemeanor stalking can include the following:

Jail - up to 1 year (P.L. 60.01); Probation - 3 years; Jail and probation; Interim probation; Supervision; A permanent criminal record; Restitution; Reparation; Community service; DNA Sample; Immigration consequences.

If you believe that you have been charged with a violent offense, you must speak to a New York City Criminal Defense Attorney immediately. Speaking to the police without legal representation can be disastrous. You have the right not to talk to the police. The New York City Police Department is very aggressive and trains their homicide detectives to get you to talk right away. What you did, didn't do, or whatever you feel your responsibility is, don't try to be your own lawyer by attempting to determine what you should say to the police or prosecutors on your own. A strong criminal defense begins right away, not in court. Contact us for a confidential case evaluation.

Identity theft is a crime in which someone steals a victim's personal information to obtain money, goods, property, or services or improperly uses a victim's credit/debit card or account number. Personal information can include the victim's name, address, social security number, date of birth, telephone number, bank account number, mother's maiden name, passwords, or other sensitive information.

New York Penal Law Article 190 concerning frauds covers most identity theft cases and provides penalties of incarceration (up to 1 year for misdemeanors, and state prison for felonies), probation, fines, and restitution. We will scrutinize the state's evidence against you. Loose personal agreements, misunderstandings, and miscommunications are often to blame for being falsely accused of stealing someone's identity. Contact us to start defending your case.

Common New York City Identity Theft Charges

P.L. 190.78 – Identity Theft in the Third Degree (Misdemeanor)

P.L. 190.79 – Identity Theft in the Second Degree (Felony)

P.L. 190.80 – Identity Theft in the First Degree (Felony)

P.L. 190.81 – Unlawful Possession of Personal Identification Information in the Third Degree (Misdemeanor)

If you are not a US citizen and you’ve been arrested and charged with a crime, the outcome of that may can potentially have a serious impact on your immigration status. It is therefore imperative that your criminal defense attorney fight to get the best outcome in criminal court. It is also imperative that you seek advice from an immigration attorney who can advise you and your defense attorney on the potential immigration consequences of your criminal case.

Being arrested generally happens when you are taken into custody by the police and charged with an offense. An arrest includes receiving a desk appearance ticket or being taken directly to central booking. The immigration consequences of an arrest begin almost immediately because your information is sent to the Department of Homeland Security (DHS) during processing. Thus, DHS – which includes U.S. Citizenship and Immigration Services, Customs and Border Protection and Immigration and Customs Enforcement - will know about your arrest soon after it happens.

Whether you are present in the U.S. on a visitor’s visa, working here on an employment visa such as an H-1B or and O-1B visa, or are lawful permanent resident (green card holder) an arrest has potential consequences on your immigration status. These consequences can range from being interrogated at the airport, being ordered to deferred inspection for questioning, being denied entry to the US, having your visa revoked and being placed in removal (deportation) proceedings.

It is important to understand that any non-citizen will face immigration problems if he or she is convicted of a crime involving moral turpitude (CIMT) or an aggravated felony. In some cases even if the immigration authorities have reason to believe that you have engaged in criminal conduct, a noncitizen can face serious immigration consequences even if the criminal case gets reduced or dismissed. A CIMT can include relatively minor offenses such as theft and drug possession, and can include many other types of offenses, whether misdemeanor and felony.

Virtually all controlled substance offenses have immigration consequences, including possession of small amounts of “party drugs” such as cocaine or ecstasy.

In general, there might be immigration consequences if you were:

Arrested but your case dismissed; Arrested and you received an ACD (Adjournment in Contemplation of Dismissal C.P.L. 170.55 or 170.56).

In general, there could be more serious immigration consequences if you were:

Convicted of a misdemeanor; Convicted of a felony; Admitted to a misdemeanor or felony in court.

Even an arrest for a relatively minor violation such as disorderly conduct will subject you to increased scrutiny by immigration officials during inspection at airports and visa interviews. Often, the immigration consequences of a criminal conviction are far more severe than the criminal punishment itself.

Preparation is the best defense. Going to court with an experienced criminal defense attorney is the best way to get the optimal outcome in your criminal case. Getting the best outcome in criminal court will help to reduce the risk of immigration problems later. By getting the following information, you will put yourself in the best position possible to avoid serious immigration problems later:

Step 1

Contact an experienced New York City criminal defense attorney to get the best outcome possible in your criminal case. A criminal attorney who works with an immigration attorney can offer you a better overall defense.

Step 2

Review the following chart to get a summary of things you should be doing to minimize potential problems:

 With a Tourist B Visa, or a Tourist F Visa, or another Visa, or a Green Card:

 If the status of your criminal case is “Arrested but the case is still open”:

Get best possible outcome in court, Get certified case documents, and get letter from immigration lawyer;

If the status of your criminal case is “Closed, convicted of a violation (like disorderly conduct PL 240.20):

Get certified criminal case documents, letter from immigration lawyer

If the status of your criminal case is “Closed, convicted of a misdemeanor”:

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Illegal knifes are usually switch blades or any knife that is allegedly being used illegal such as in a threatening manner. In the State of New York, Penal Law 265.01, Criminal Possession of a Weapon in the 4th Degree, bans the possession of any switchblade, stun gun, firearm, or other listed weapons. This class A misdemeanor charge is punishable by up to a year in jail. Many stores sell these knives and some employers require them for use in cutting boxes or other lawful activities. Being caught with one in New York City can lead to an arrest and prosecution. Additionally, if you are caught with one and you've been previously convicted of a crime, the case can be elevated to a felony.

Other Knives

It may surprise you to learn that many seemingly harmless knives are illegal in New York City. Switchblades, long blades, and other knives can lead to arrest and a permanent criminal record for criminally possessing a weapon. Mr. Fletcher, as a former Manhattan prosecutor, has handled numerous knife possession cases and can successfully resolve your case. Contact us at (212) 619-3900 for a case evaluation.

Recent Developments

In Caetano v. Massachusetts, decided March 21, 2016, the U.S. Supreme Court invalidated a Massachusetts law very similar to New York's penal law section 265.01, criminal possession of a weapon in the 4th degree. This is important because we may be able to get your New York knife, switchblade knife, or stun gun case dismissed.

In New York, menacing happens if you, by physical menace, intentionally place or attempt to place another person in fear of death, imminent serious physical injury, or physical injury. A menace is a person or thing likely to cause harm; a threat of danger.

Differences between first and third degree menacing:

                                                          Menacing 3rd degree, PL 120.15   B Misdemeanor      Up to 90 days

Menacing 2nd degree, PL 120.14   A Misdemeanor      Up to 364 days in jail

                    Menacing 1st degree, PL 120.13            E Felony             Up to 4 years (with no prior felonies)

When it comes to menacing, you've menaced someone if you intentionally place another person in fear of death or imminent serious physical injury or imminent physical injury by physical menace when your conscious objective or purpose was to do so. This can be charged as menacing in the third degree, PL § 120.15, a class B misdemeanor punishable by up to 90 days.

If the menacing happens with the use of a deadly weapon, dangerous instrument, or what appears to be a firearm or the menacing happens over a period of time, or is in violation of an order of protection, it can be elevated to menacing in the second degree, P.L. 120.14, a class A misdemeanor, punishable by up to a year in jail. If someone commits menacing in the second degree and has been previously convicted of menacing in the second degree, it can be charged as menacing in the first degree, PL 120.13, a class E felony punishable by up to 4 years in prison.

Defense

Many menacing cases happen in the context of domestic violence, a bar fight, or other altercation between people known to each other but it can also happen between strangers. Menacing can be charged even if no weapon was used. If menacing by use of a weapon (menacing in the second degree) is charged, no weapon needs to have been found by the police if the victim is saying that they observed it. Menacing cases often come down to the credibility of the eye witness. If the witness is believable and had a good opportunity to see what was happening, the case may be strong. If questions can be raised about the witness's account, it may become impossible to prove the charges. So, our defense strategy in menacing cases starts with taking a good look at the witness and also the alleged motive for the menacing, and surrounding circumstances. We can defend menacing charges due to lack of proof beyond a reasonable doubt, police or prosecutor error, witness credibility issues, mitigation, and on other grounds.

Theft charges can be one of the most damaging crimes of which you can be convicted in New York. Not only does it carry a permanent criminal record and possible incarceration like other crimes, but theft convictions tend to have far reaching collateral consequences that can affect your immigration status, job status, and future employment opportunities. Many New York theft related offenses are also considered crimes of moral turpitude which can have severe immigration consequences. If you currently work or plan to work in finance or banking, a theft charge can have additional consequences.

While there are many different crimes that involves theft, such as fraud and counterfeiting, the most common theft crimes are larcenies. Larceny is committed if you wrongfully take, obtain, or withhold property from another with the intent to deprive that person of the property. There are many ways you can commit a larceny. You can simply steal a piece of property, you can embezzle property, obtain property by making a false promise, or obtain property by extorting someone. All of these methods will result in you being charged and possibly convicted of larceny.

Petit and Grand Larceny. Larceny is charged in varying degrees depending on a number of factors. The least serious charge is Petit Larceny. You can be convicted of Petit Larceny when the prosecutor proves that you stole property. Petit Larceny is a class A misdemeanor for which you can be sentenced up to a year in jail. Value is irrelevant for Petit Larceny. Whether you steal property valued at $.01 or $500 you can be convicted of the crime. As the value of the stolen goods increases, the charge becomes more serious. If you steal property valued that exceeds $1,000 you can be charged with Grand Larceny in the Fourth Degree. This charge is a class E felony for which you can be sentenced up to 4 years in prison. Once the value exceeds $3,000, the charge becomes Grand Larceny in the Third Degree. This is a class D felony and you could be sentenced up to 7 years in prison. If the value of the property is over $50,000 the charge will be Grand Larceny in the Second Degree. This is a class C felony and you could face up to 15 years in prison. The most serious larceny charge is Grand Larceny in the First Degree. You can be convicted of this charge when you steal property valued at over $1,000,000. This is a class B felony and you can be sentenced up to 25 years in prison.

Theft of Services. A separate type of theft that is commonly charged, especially in New York City, is theft of services. You can be convicted of theft of services when you accept a service without paying, paying with a forged instrument, or paying with a stolen credit/debit card. This is often charged when people do not pay for subway rides, taxi rides, or after eating in a restaurant. Theft of services is a class A misdemeanor punishable by up to one year in jail.

There are several defenses to a larceny charge.

Since the prosecutor has to prove each element beyond a reasonable doubt, attacking any of the elements is always an option. Usually this is done by showing you did not intend to steal the property. Without the necessary intent, you cannot be convicted of a larceny. It is also a defense if you had a good faith belief that the property rightfully belonged to you. If charged with larceny due to extortion by threatening to turn someone in for a criminal act, it is a defense that you believed the threatened charge was true and your sole purpose was to compel the person to correct the action. Mistake is another common defense. If the circumstances of your case can support a credible argument that due to a mistake or error, payment was not rendered, this could provide you with a critical defense.

It is important to avoid a theft conviction at all costs. Since in New York criminal records are permanent and public records, every future employer will be able to see that you were previously convicted of stealing. It is a red flag that will immediately lower your chances of receiving employment offers. Theft convictions are also considered “crimes of moral turpitude” which can have serious immigration consequences for non-citizens including deportation. While there are crimes that have longer prison sentences and higher fines, few crimes have as far reaching consequences than theft. Contact us today for a case evaluation.

New York State law provides that exposure of a Person (P.L. 245.01) can be charged when you show your private parts in public. Public lewdness (P.L. 245.00) is more serious and can be charged if the exposure is intentional and in a lewd manner. Either one can lead to an embarrassing record that is often unwarranted when considering the entire context of what occurred. Despite the fact that most people believe they know when someone's conduct has crossed the line and become lewd or criminally improper, the law, set forth below, is less than clear.

Bathrooms:

In 2007, Senator Larry Craig (a Republican) was caught in a Minneapolis airport for trying to engage in a homosexual encounter. An undercover police officer sitting in the adjacent stall noticed that Craig was tapping his foot up and down and swiped his hand to try to get the undercover's attention. These actions were recognized by the police as a known signal to initiate a sexual encounter. Craig plead guilty and his career and personal life were destroyed. It is very difficult to convince anyone that you're innocent after you've pled guilty in court which is why it is critical that you obtain representation as soon as possible. Public places like men’s restrooms in transportation facilities like Grand Central, Penn Station, the Port Authority Bus Terminal, and Central Park are known to the NYPD to be places where homosexual and bisexual men congregate for an anonymous encounter. This is sometimes referred to as “cruising”. The Craig case heightened public awareness of this issue and the risks of getting arrested.

Parks. The NYPD sends under cover police officers into New York City parks such as Central Park to look for possible sexual activity. The Rambles section of Central Park is known to be a place where men congregate for sexual encounters.

Bars / Clubs. Alcohol can cause you to do things that you might otherwise not do. If a resulting lapse in judgement leads to sexual activity happening inside or near the establishment or in public, you could get arrested for public lewdness and/or exposure.

Other Public Places. New York has the greatest population density of any city in the U.S. As a result, it is simply more likely here than anywhere else that if you are engaging in something meant to be private, others may see you and get offended. Also, this population density means that there are more prying eyes which increases the risk that an honest mistake about something you're doing could lead to handcuffs and a lewdness or exposure charge. We have successfully argued that clients who were accused of masturbating were simply urinating or that the witness was mistaken about what they saw. Even if a error in judgement has lead you to be charged with lewdness or exposure, it may be possible to get the charges dismissed or reduced in light of the unique facts and circumstances of your case.

P.L. § 245.00 Public Lewdness

A person is guilty of public lewdness when he intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.

P.L.§ 245.01 Exposure of a person

A person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.

Lewdness and Exposure are only illegal in public and the law defines a "public place" as "a place to which the public or a substantial group of persons has access, and includes... highways, transportation facilities (such as Grand Central, Penn Station, Port Authority) , schools, places of amusement, parks, playgrounds, hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence" (P..L. 240.00(1)). Subway platforms have also been designated public places for lewdness & exposure cases. The circumstances greatly dictate whether the prosecutor can establish public lewdness because what is considered a "lewd manner" or "lewd act" or an intent to be observed may vary from person to person. Exposure of a person, section 245.01 was enacted in 1967 with the goal of discouraging topless waitresses but it has been expanded and it can be charged in a variety of situations.

What is lewd? What is or is not a "lewd act" is not defined by statute. In Matter of Paul R. (1987), a person seen masturbating in front of someone's window was found to be prohibited by the phrase "any other lewd act" under 245.00 as was a defendant seen masturbating in a subway station in People v. Hatton (2015).

Lewdness Penalties:

Class B Misdemeanor; Jail up to 3 months; Probation; Interim probation supervision; A permanent criminal record; Immigration, travel, and employment consequences; A fine of up to $500, $175 surcharge, $25 crime victim assistance fee;

Exposure Penalties:

Violation; Jail up to 15 days; Record for a year (or longer depending on sealing waiver); Immigration, travel, and employment consequences; A fine of up to $250, $95 surcharge, $25 crime victim assistance fee.

Your Best Strategy

Following arrest, you may be held for booking or given a desk appearance ticket and released. Never go to court alone. We realize that something as negligible as urinating in public, a misunderstanding, or seemingly innocuous as consensual sex can lead to this embarrassing criminal charge. Regardless of how strong the case against you seems to be, you can avoid many serious penalties by carefully fighting the charges. Through a careful analysis of the facts of your case, it may be possible for us to negotiate an outcome that will (1) avoid a criminal conviction, (2) avoid jail or probation, and (3) cause the arrest to be removed from your official record.

In New York, you are guilty of rape when you engage in sexual intercourse with another person without that person's consent or when that person is incapable of consenting. Rape can be charged in degrees of severity with first degree having the highest penalty and third the lowest.

All degrees of rape are felonies in New York. Rape in the third degree is, generally, nonconsensual sex. Rape in the second degree is when the nonconsensual sex happens with someone who is less than 15 or incapable of consenting such as due to a mental disability or incapacity. Rape in the first degree happens when nonconsensual sex happens by reason of force such as because of a real or implied threat of violence or the victim is less than 13 years old (or 11 if the alleged rapist was a minor).

Rape and Penalty Summary

 Rape in the Third Degree, PL 130.25 (Class E Felony) - Nonconsensual sex or victim under 17

Up to 4 years in prison but possibly probation for 10 years; Sex offender registration

A person is guilty of rape in the third degree when: 1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in sexual

intercourse with another person less than seventeen years old; or 3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

Rape in the Second Degree, PL 130.30 (Class D Felony) - Nonconsensual sex or victim is incapacitated or under 15

Up to 7 years in prison; Sex offender registration

A person is guilty of rape in the second degree when: 1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the First Degree, PL 130.35 (Class B Felony) - Nonconsensual sex plus implied, threatened, or actual violence or victim is under 13

Up to 25 years in prison; Sex offender registration

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more.

Rape charges in New York City are obviously serious. A careful and thorough defense needs to begin right away. Important issues must be investigated including the nature of the relationship between the victim and the accused, the existence of any motives that the victim may have to lie, whether there is any forensic evidence, and the nature and sufficiency of the prosecutor's case. Because any rape conviction is a felony and carries the real risk of prison and mandatory sex offender registration, contact us right away if you or a loved one has been accused of rape in New York City.

Reckless driving is a misdemeanor which makes it a criminal offense and often prosecuted in criminal court.

New York Vehicle and Traffic Law § 1212, reckless driving is defined as "driving or using any motor vehicle, motorcycle or any other vehicle... in a manner which unreasonably interferes with the Evaluation and proper use of the public highway, or unreasonably endangers users of the public highway."

Usually, drivers charged with this offense are facing allegations of running lights, speeding, improper lane changes, other more traffic infractions, or a combination of different traffic infractions. Reckless driving is an unclassified misdemeanor which means that it, unlike a minor traffic violation, can lead to a permanent criminal record. Additionally, a conviction results in five (5) points on your license, auto insurance increases and a fine. The court can also suspend your license and put you in jail. Although it's rare to face incarceration for a first time reckless driving offense, the judge has the power to do so if he/she is concerned over public safety or wants to make an example. Your reckless driving case may be pending as a criminal court complaint or a summons. In either instance, immediate action is necessary to protect your rights.

You can be charged with resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. In New York, resisting arrest is a class A misdemeanor punishable by up to 364 days in jail.

Resisting arrest is often, but not always, charged along with another offense because it typically happens when the police attempt to arrest someone for a certain thing and then that person resists the arrest. For example, if John Doe is being arrested for DWI and during that arrest he pulls away from the police and refuses to place his hands behind his back, he may end up being arrested for the DWI and also resisting arrest. A resisting arrest charge must be proven separately from any other charge. So, if the prosecutor is trying to prove in the example above that John was driving while intoxicated, they must also prove that John resisted arrest. If the prosecutor fails to convince a jury that John was intoxicated, the prosecutor may still win on the resisting arrest charge if the jury believes that John refused to place his hands behind his back.

Resisting arrest can be charged even if you are only trying to stop the police from arresting someone else. For example, if you see your friend John being handcuffed and you come over and push the police away from John, you may be charged with resisting arrest in that you improperly attempted to stop the police from arresting your friend.

Also, you can be charged with resisting arrest even if you are innocent of the thing you are being arrested for. For example, if someone calls the police and falsely claims that you robbed a bank, you can be arrested and later convicted of resisting arrest if you resisted arrest for bank robbery even if it is later shown that you didn’t rob the bank.

Resisting arrest is a class A misdemeanor which is punishable as detailed below:

Up to 364 days in jail; Probation for 2-3 years; Up to $1,000 fine per class A misdemeanor; Permanent criminal record.

New York Penal Law § 205.30 Resisting arrest.

A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.

Defense:

When defending a resisting arrest case, we analyzes the evidence to see if you were properly arrested for this charge. We can obtain video from body cameras and witness statements to look for inconsistencies. Often we’re able to resolve resisting arrest charges without jail and without a criminal record. If you or a loved one has been arrested for resisting arrest, contact us for a case evaluation.

Robbery is forcible stealing. It is a serious theft crime which involves the use of physical force or threats to obtain property from another. You can also be charged as an accomplice if you were with another person who perpetrated this offense. Any degree of robbery is a felony, punishable by a term of state prison and which could lead to future predicate felon sentencing.

We handle all misdemeanor and felony sex crimes such as:

Forcible touching; Exposure / Lewdness; Unlawful surveillance (upskirt videos); Sexual abuse;  Rape; Child pornography.

If you believe that you have been charged with a sex crime or possession of illegal pornography, you should contact us immediately. Speaking to the police without legal representation can be disastrous. You have the right not to talk to the police. The New York City Police Department is very aggressive and trains their special victims' unit to get you to talk right away. Whatever you did, didn't do, or whatever you feel your responsibility is or isn't, don't make an accusation worse by speaking to the police or prosecutors on your own. Conviction may result in harsh prison sentences and mandatory registration as a sex offender under SORA.

We work vigorously defending our clients, often dissecting phone records and medical records to prove our client's innocence. A strong criminal defense begins right away, not in court. Call our office for an evaluation.

In New York, you are guilty of sexual abuse when you subject another person to sexual contact without that person's consent. Sexual abuse is charged in degrees of severity with third degree being the least severe and first degree being the most severe.

Sexual abuse in the third degree carries a sentence of up to 90 days in jail. Sexual abuse in the second degree, where the lack of consent to sexual contact is due to the victim being unable to provide consent, is punishable by up to 1 year in jail and sex offender registration. Sexual abuse in the first degree is where the unwanted sexual contact occurs with the use of force, while the victim is incapacitated, or under age. Sexual abuse in the first degree carries up to 7 years if there are no prior felony convictions.

Sexual Abuse Penalty Summary

 Sexual Abuse 3rd Degree, PL 130.55 (Class B Misdemeanor) - Unwanted sexual contact

Up to 90 days in jail

A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person's lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

Sexual Abuse 2nd Degree, PL 130.60 (Class A Misdemeanor) - Unwanted sexual contact plus victim incapable of consenting

Up to 364 days in jail; Sex offender registration

A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is: 1. Incapable of consent by reason of some factor other than being less than seventeen years old; or 2. Less than fourteen years old.

Sexual Abuse 1st Degree, PL 130.65 (Felony) - Unwanted sexual contact plus force

Up to 7 years in jail; Sex offender registration

A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact: 1. By forcible compulsion; or 2. When the other person is incapable of consent by reason of being physically helpless; or 3. When the other person is less than eleven years old; or 4. When the other person is less than thirteen years old and the actor is twenty-one years old or older.

Sex abuse cases in New York City

Unwanted sexual contact is the core concept of what sexual abuse charges target. This unwanted contact can occur when someone allegedly takes advantage of a crowded subway car and subjects another person to unwanted sexual contact. It can become more serious, and get charged as sexual abuse in the second degree, if the victim is unable to provide consent, such as because they are intoxicated. The most serious version, sexual abuse in the first degree, can happen when unwanted sexual contact is accompanied with physical force or the threat of physical force. Sexual abuse is often charged along with other sex crimes such as forcible touching, rape, aggravated sexual abuse, predatory sexual assault, or other sex crimes. It can even be charged along with non-sex crimes such as assault, harassment, or other crimes.

Defense:

With any sexual abuse case, we are prepared to take immediate steps to investigate the allegations and analyze the legality of the charges. In some cases, our defense efforts reveal the presence of a serious mistake or misunderstanding that can lead to dismissal. In other circumstances, we are able to uncover a motive to lie or exaggerate about circumstances that were initially reported to the police. Because sexual assault has the potential to lead to a jail sentence, permanent criminal record, and sex offender registration, it is important to contact us as soon as possible to go over your options.

You can be charged with the criminal possession of stolen property if you knowingly possess stolen property, with intent to benefit yourself or another person other than an owner or to impede the recovery by the owner.

Possession of stolen property is a property crime that may or may not be charged along with larceny. This is because being in possession of stolen property is forbidden whether or not you were the person whole stole it. It can be charged in 5th degree through 1st degree with 1st degree being the most serious. Possession in the 5th degree is punishable by up to 364 days in jail, 1st degree up to 25 years in jail. All degrees of the charge of criminal possession of stolen property are crimes in New York because even the least severe, criminal possession of stolen property in the 5th degree, is a misdemeanor and in New York, a crime is either a misdemeanor or felony. Another way to look at this is that any type of conviction for possession of stolen property in New York is a criminal conviction.

The main difference between the degrees is based on the value of the stolen property. There is no minimum value. So, if someone is in possession of a stolen napkin (having zero economic value), this can be charged as criminal possession of stolen property in the 5th degree. There is no maximum value but higher charges apply given the value of the stolen property. If you are in possession of a valuable painting worth $10 million, you can be charged with criminal possession of stolen property in the first degree which applies to a value of $1 million or more.

Our firm will review the charges, financial documents and/or receipts, photographic evidence, police reports and witness statements, and charging documents. This review will allow us to give you an informed opinion regarding what the options are and what will be needed to get the case dismissed or reduced, if possible. Because every case and everyone is in a different situation, we conduct case evaluations with the goal of providing advice that is tailored to your situation. If you or a loved one is being investigated by the NYPD or has been charged with criminally possessing stolen property in New York City, contact us today.

Statutes & Penalties (assuming no prior felonies)

§ 165.40 Criminal possession of stolen property in the fifth degree (Class A Misdemeanor):

Value of property not needed; Up to 364 days in Jail

A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

§ 165.45 Criminal possession of stolen property in the fourth degree (Class E Felony):

Value of property exceeds $1,000.00; Up to 4 years in Jail

A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when: The value of the property exceeds one thousand dollars; or The property consists of a credit card, debit card or public benefit card; or He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law; Or the property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

§ 165.50 Criminal possession of stolen property in the third degree (Class D Felony):

Value of property exceeds $3,000.00; Up to 7 years in Jail

A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.

§ 165.52 Criminal possession of stolen property in the second degree (Class C Felony):

Value of property exceeds $50,000.00; Up to 15 years in Jail

A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

§ 165.54 Criminal possession of stolen property in the first degree (Class B Felony):

Value of property exceeds $1,000,000.00; Up to 25 years in Jail

A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars.

Shoplifting generally refers to theft from a retail store. It is often thought that shoplifting is driven by economic need but this isn't always the case. The motive isn't always about money. On many occasions, the alleged shoplifter actually has enough money to pay for the items but just suffered a fleeting loss of inhibition, or was falsely accused. When you are accused of shoplifting in New York, you may also be hit with a civil demand in which the store demands hundreds of dollars. This civil demand may be issued during the arrest or later in the mail. You may even be tricked into thinking that if you pay it, you won't be arrested and/or prosecuted. Whether initiated with a desk appearance ticket or a more typical arrest, a shoplifting charge is a criminal charge punishable by incarceration, probation, and/or fines, and could force you to submit a DNA sample for permanent filing with the State of New York. If you are charged with stealing (Petit Larceny, P.L. 155.25) and/or possessing a stolen item(s) (Criminal Possession of Stolen Property, P.L. 165.40), you also face the severe consequences that are attached to crimes of moral turpitude. Crimes of moral turpitude can have many unforeseen consequences on your future. Employers may not want to hire you because they may offhandedly think of you as a thief, and, if you are not a U.S. Citizen, you may suffer permanent immigration consequences. International travel, even for U.S. citizens, may also be affected.

Our office prepares each shoplifting case as if it were going to trial because an aggressive defense is the best defense. If it is your first time being arrested, you may be eligible for special treatment. Contact us so that your eligibility can be determined. Even with a prior record, your case will be professionally handled.

In New York, being wrongfully arrested for shoplifting is, unfortunately, easier than you might think. This is partially due to population density. As a New Yorker, you are probably accustomed to crowded stores and small spaces. A crowded store makes it inevitable that mistakes will be made when trying to determine whether shoplifting has occurred and who the actual shoplifter is. Space is at a premium which means that stores are packed not only with people, but with merchandise making it inevitable that you may accidently walk near an exit with unpaid merchandise. Also, stores can profit by having you arrested. A retail store, such as Macy's or Century 21, will often demand several hundred dollars from you in the civil demand. This creates a strong financial incentive to accuse you of shoplifting even if the facts are less than clear. Additionally, stores have strange rules. For example, you may be arrested for shoplifting for merely bringing unpaid merchandise from one floor of a retail store (such as Macy's) to another floor even if you were planning to continue shopping. There are many other factors that lead to wrongful arrests.

MAXIMUM PENALTIES FOR CERTAIN SHOPLIFTING OFFENSES:

P.L 155.25, 165.40 – Value of goods Under $1,000 – Jail 1 Year – Other Consequences DNA sample, Store may sue you – Permanent Record Yes

P.L. 155.30, 165.45 – Value of goods $1,000 - $3,000 – Jail 4 Years – Other Consequences Predicate Felony Risk, DNA sample, store may sue you – Permanent Record Yes

P.L. 155.35, 165.50 – Value of goods Over $3,000 – Jail 7 Years – Other Consequences Predicate Felony Risk, DNA sample, store may sue you – Permanent Record Yes

If you or a loved one is under investigation, has been arrested or issued a desk appearance ticket for harassment or stalking, contact our firm as soon as possible. You may have an order of protection issued against you when you appear in court in addition to serious criminal penalties including jail, probation, fines, immigration consequences, a permanent record.

Generally, misdemeanor stalking occurs when a person intentionally, and for no legitimate purpose, engages in a course of conducted directed at a specific person, and knows that this conduct is likely to cause fear, or mental or economic harm. Stalking can be charged based on telephone calls, emails, text messages, twitter, face book messages, other communication. Additionally, it can be based on the alleged following of the victim or third party conduct. If you are facing a stalking case, you may not even be aware of the victim’s allegations or that it went “too far.” Plus, you may face more serious charges depending on the nature and quantity of evidence of threats or harassing conduct made to the alleged victim. For any subsequent offense, the charges may be elevated. A misdemeanor stalking case is punishable as described below, even for first time offenders. Typically, when you go to court for the first time, an order of protection is issued directing you to stay away from the alleged victim. If this order of protection is violated, this may constitute a separate criminal offense punishable by a separate and additional penalty.

Common New York Misdemeanor Stalking Charges:

P.L. 120.45 - Stalking in the fourth degree

P.L. 120.50 - Stalking in the third degree

Possible penalties for misdemeanor stalking can include the following:

Jail - up to 1 year (P.L. 60.01); Probation - 3 years; Jail and probation; Interim probation supervision; A permanent criminal record; Restitution; Reparation; Community service; DNA Sample; Immigration consequences.

If you have been issued a Desk Appearance Ticket for theft of services (P.L. 165.15), then contact our firm as soon as possible. Without proper legal representation, you may be forced into conviction that you regret.

Generally, this offense targets the stealing of services including those rendered by a bar, restaurant, night club, taxi, or any similar service provider.

Theft of services is a class A misdemeanor and is punishable by up to one year in jail. You may also be charged with petit larceny (P.L. 155.25). Our firm will identify any possible defenses that you may have. Our evaluation of your case may reveal a defense or a deficiency in the case against you. If you attempted to pay the service provider but were unable to, please inform us of this.

We handle cases involving: Taxicabs / car service companies; Restaurants / bars / nightclubs

Car rental companies; Other similar service providers

Possible penalties for theft of services:

Jail; A permanent criminal record; Immigration / travel complications; A fine of up to $1,000

Any warrant, whether from a missed court appearance, or because of an impending arrest is a serious issue. When you go to court to clear it, bail may be set or you could even be held in jail without the possibility of bail. The bottom line is that you shouldn't go to court alone. At Fattore Law, we will work hard to successfully resolve your warrant. Sometimes this can be done without you ever having to personally appear in court. If you have to appear to resolve it (such as with a new case), we will be at your side to fight for a successful outcome.

If there is a warrant for your arrest, do not ignore it. It won't go away by itself. Contact us for a confidential consultation and to start clearing your warrant.

Over the years, cameras have gotten smaller and more common allowing them to be hidden in places you’d never expect. Cameras can be hidden in things that look like alarm clocks, tissue boxes, books, or other everyday objects. They can also be hidden in plain sight in dark corners, closets, or as a cellphone which is secretly recording while resting on a table. Security cameras have become more common and so we’ve also become desensitized to it. Thirty years ago, it may have seemed strange to see a security camera recording in someone’s home but now you see it so much, it has become less remarkable. Because of this technological change, it has become easier and easier to secretly record people. Electronically recording someone is sometimes called surveillance. New York responded to this by making it against the law to electronically view, record, or broadcast someone under certain circumstances under Unlawful surveillance in the second degree, P.L. 250.45 and first degree (for prior conviction) P.L. 250.50

Unlawful surveillance is, generally, defined as when someone uses an imaging device to secretly view, broadcast, or record another person’s sexual or other intimate parts, or while they are in a bedroom, changing room, bathroom, or room in a motel, or under their clothing without that person’s knowledge or consent.

Arrested for this? You need help. If you or a loved one has been charged with unlawful surveillance in New York, you should keep a few things in mind. First, this is a felony. There is no misdemeanor unlawful surveillance. Second, it carries up to 4 years in prison and mandatory sex offender registration. Third, there is a lot of pressure on prosecutors to aggressively pursue these cases.

Basic elements of unlawful surveillance - It was done for one of the following prohibited reasons:

It was done for amusement, entertainment, profit, to degrade or abuse, sexual arousal, sexual gratification, done without knowledge or consent; Or it was done by you or someone acting on your behalf; Or it was done to secretly view something prohibited such as dressing or undressing, or sexual or intimate parts;, or under clothing (such as upskirt); Or sexual conduct; Or it was done to view the inside of a protected place such as a bedroom, changing/fitting room, bathroom, hotel guest-room.

Intent

If you’ve been arrested for unlawful surveillance, the government must prove that the recording was intentional and of something that is prohibited or protected.

Examples of unlawful surveillance.

Example 1. Upskirt. John Doe is walking up a flight of stairs in a busy subway station in New York City. A young woman wearing a skirt is walking up the same flight of stairs and is directly in front of John. John takes out his smart-phone, opens the camera app, switches to the front facing camera, points the camera at under her skirt and presses the record button. This is seen by an undercover police officer who stops John and arrests him for unlawful surveillance. In court, the prosecutor may charge John with Unlawful surveillance in the second degree for intentionally using an imaging device (a smart-phone) to secretly record under the young woman’s skirt.

Example 2. Upskirt. John Doe is walking up a flight of stairs in a busy subway station in Manhattan. A young woman wearing a skirt is walking up the same flight of stairs, directly in front of John. John takes out his smart-phone, opens the camera app, and opens a photo he wants to look at while he walks up the stairs. This is seen by an undercover detective who stops John and arrests him or unlawful surveillance. In court, the prosecutor will probably charge John with unlawful surveillance for intentionally using an imaging device (his smart-phone) to secretly record under the young woman’s skirt. So, this is the same as example 1 so far but the difference is that this time, John was not trying to record up her skirt. He was just using his phone for innocent reasons as he walked up the stairs. Given how similar this would look to an undercover officer viewing it at a distance, John could still end up being arrested.

Example 3. Shower. Jane (fictitious person) leaves her cellphone inside a bathroom. It is pointed at a shower stall and moments later, a young man comes in and takes a shower completely unaware that the phone is live-streaming him until he notices it as he is getting dressed. He complains to the police and Jane is arrested for unlawful surveillance. In this situation, Jane could be charged for secretly broadcasting the young man inside a shower (a protected place) and for secretly broadcasting images of his sexual parts.

Example 4. Sexual encounter. John (fictitious person) is meeting Jane for a date at a restaurant near his apartment in Manhattan. After dinner, they go back to his apartment and one thing leads to another. They go to John’s bedroom and have sex. Unbeknown to Jane, John is secretly filming them having sex. Jane finally finds out when she sees video from the encounter online. She complains to the police and John can be arrested for unlawful surveillance because he intentionally used an imaging device to secretly record her intimate parts and because he secretly recorded sexual conduct.

The law:

Unlawful surveillance in the second degree generally prohibits secret video recording as outlined above. It is a class E felony. In New York, unlawful surveillance is serious because it's a felony and conviction requires, among other things, sex offender registration. There are several notable things about this law. First, you can be charged even if you didn't personally install a recording device so long as it's installation happened at your direction. Second, it applies to video/images. Not audio. Third, the title makes it sound like it targets people putting secret cameras in bathrooms but it can be violated by using your smart-phone to take a photo of someone's intimate areas (such as upskirting). Finally, it could be violated by a nanny-cams or other common indoor recording.

Unlawful surveillance in the first degree is violated when you commit unlawful surveillance in the second degree and you've previously committed unlawful surveillance in the second degree. It carries a longer prison sentence and mandatory state prison.

Penalties:

Unlawful Surveillance in the Second-Degree

Up to 4 years in prison; A combination of jail and probation; Probation; Mandatory sex offender registration (SORA); Criminal record; Employment/immigration consequences; A fine of up to $5,000 or double the gain from the crime

Unlawful surveillance in the first-degree penalties (as a predicate felon)

Up to 7 years in prison but a minimum of 2 years; Mandatory prison; Mandatory sex offender registration (SORA); Criminal record; Employment/immigration consequences.

Most criminal cases do not go to trial. The ones that do go to trial only after a long and careful process designed to explore the nature and strength of the evidence against you. The first part of our process is to explore every possible way to get the charges completely dismissed. This can be done if the police or prosecutor made a mistake when filing documents, turning over discovery, or using improper sources of evidence. If the case cannot be quickly dismissed on a technically, we look to see if we can develop an argument to get the case dismissed down the road. At the same time, we can explore options to get your charges reduced. In fighting for the best outcome possible, we obtain and carefully review the police report, complaint, police logs, video (such as NYPD body camera footage), 911 calls, any statements made by you or the witnesses, District Attorney reports, and other places where the facts of your case were documented.

If you or a loved-one has been (or will be) arrested for unlawful surveillance in New York, contact us today for an evaluation.

Unlawful surveillance, like all other felonies, must go through a special process in court that is often completed within days or weeks of the arrest. Once this happens, the risk of severe penalties and consequences increases. By taking immediate action, it might be possible to work your way to a better outcome.