New York Criminal Lawyer Blog

The rate of sex crimes are increasing not only in New York, but also in the U.S. Accusations of these crimes cause a social stigma for the defendants, as well as serious legal consequences. A New York Sex Crime Lawyer can discuss the crime of Forcible Touching, as it is defined in New York Penal Law 130.20. This crime is categorized as a misdemeanor, which is punishable by a maximum of one year in jail. If you have accused of a Forcible Touching violation or other Sex Crime, such as a Rape or Child Pornography matter, it is advisable for you to contact at New York Forcible Touching Lawyer at your earliest opportunity.

To be found in violation of the crime of Forcible Touching, the District Attorney must find certain elements present in your particular set of circumstances. The crime of Forcible Touching consists of a defendant touching the intimate area of a victim solely for the purpose of abusing (or degrading) the victim, or for the defendant’s sexual gratification. It will be the job of the District Attorney to prove these elements beyond a reasonable doubt.

In this crime, or for other sex crimes, there are a variety of defenses that can be used by your New York Forcible Touching Lawyer. The specific defenses used will be dependent on the crime in question. The defense of consent comes up frequently. Perhaps for example, the Forcible Touching was committed with the understanding by the defendant that there was consent. There may have been consent initially, but because of the emotional nature of these activities, the victim changed their mind. They may feel like now taking revenge and say that the touching was non-consensual.

What may have seemed consensual to the defendant may have now turned into charges of Forcible Touching. It is important that if you have been charged with this or other sex crime you contact a Suffolk County Criminal Lawyer to assist you.

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A New York Medicare Fraud Lawyer will tell you that the crime of Medicare Fraud is under scrutiny by the federal government like never before. It is reported that tens of billions dollars are fraudulently charged to the federal government annually. The investigating and reporting of these crimes is on the rise and the government is cracking down on this type of fraud. If you are being investigated, or have been charged with Medicare Fraud or other White Collar Crime, it is important to call a New York Medicare Fraud Lawyer for advice. These charges are serious and it is important to protect your rights. The experienced lawyers at Stephen Bilkis and Associates can provide you with support as well as a free consultation. We have locations to serve you in Westchester County, Nassau County and Suffolk County.

The crime of Medicare Fraud is generally when an individual or company attempts to collect Medicare funds by fraudulent means. The Medicare program is run by the federal government, and as such it is large and complicated. Its complexity lends itself to honest errors on behalf of physicians, who could unknowingly violate Medicare laws without intending to. These unintentional errors, and well as clearly fraudulent activity can be seen by physicians, hospital administrators, and physician assistants. This crime is often seen overlapping with other crimes, like computer fraud, for instance. The following activities can be considered Medicare Fraud:

• Submitting fabricated cost reports to Medicare;
• Submitting billing for services never performed;
• Misrepresenting services performed with the intent to defraud;
• Billing in duplicate for services or treatment.

Irrespective of whether the fraud was due to an oversight, or there was clearly fraudulent intent, charges brought by the federal government for Medicare Fraud can be serious and result in monetary fines, jail and possibly the loss of your professional license.

If you are currently being investigated for Medicare Fraud, or have been charged with this offense it is advisable to contact a Staten Island Criminal Lawyer.

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A New York Speeding Ticket Lawyer will tell you that dealing with a Speeding Ticket can be complicated. Each county in the State of New York has its own traffic courts and unique procedures for handling speeding tickets. In traffic court, there will not be a District Attorney present. Because of this, when you go to court the judge, a police officer, and yourself will be the only participants. It is important to seek the advice of a New York Speeding Ticket Lawyer in this instance, as often in traffic court it may be only your word against the testimony of the police officer.

It is important to realize that in traffic court, there is no option to plea bargain. Therefore, your only option will be to either plead guilty, or have the matter go to trial. It is extremely helpful to your case in this instance to have a New York Speeding Ticket Lawyer present with you in court. Your counsel can ask the appropriate questions of the police officer to uncover possible inconsistencies with their testimony. Questions can be raised such as exactly how your speed was measured, and whether you speeding ticket points were assessed against you.

The speeding laws in New York are controlled by the New York Vehicle & Traffic Code, Article 30. One of the consequences of a speeding ticket is not only fines and potential license suspension, but points can be assessed against you by the Department of Motor Vehicles. If a driver receives 11 points within 18 months, it is possible that their license can be Suspended. The points assessed for speeding increase with how fast you were going:

Driving 1 to 10 MPH over the speed limit: 3 Points
Driving 11 to 20 MPH over the speed limit: 4 Points
Driving 21 to 30 MPH over the speed limit: 6 Points
Driving 31 to 40 MPH over the speed limit: 8 Points
Driving 40 MPH or more over the speed limit: 11 points and Driver’s License suspension.

These points can accumulate quickly, resulting in high insurance premiums and your license suspension. Obtaining the advice and counsel of a Queens Criminal Lawyer who is well versed with the complex New York Traffic Law and with the New York City Traffic Violators Bureau is important. If you have a suspended license, skilled counsel can help to get your license reinstated.

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In the State of New York, a criminal offense is defined by the New York Penal Law, and can be considered a violation, Misdemeanor or a felony. A violation is punishable by up to 15 days in jail. A misdemeanor is punishable by up to one year in jail. Thehttp://criminaldefense.1800nynylaw.com/lawyer-attorney-1397948.htmlre are three categories of misdemeanors; A, B, and those that are considered unclassified. A B misdemeanor is punishable by up to 90 days in jail. A felony is punishable by over one year in jail. A felony charge has 5 categories in New York, ranging from A to E. The most severe offense is considered an A felony, which can include a life in prison sentence, and an E felony is considered the lowest level and it punishable by at least 366 days in jail.
Whether you have been charged with a misdemeanor or a felony, it is important to consult with a NYC Criminal Lawyer or a New York Misdemeanor Lawyer. If you have been charged with a misdemeanor such as Assault, Marijuana Possession, Petit Larceny or DWI; or a felony crime such as Arson, Kidnapping, a Sex Crime, Domestic Violence or Fraud, you will need the skill and knowledge of a lawyer to protect your rights.

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A New York Heroin Possession Lawyer will inform you that unfortunately, Heroin Possession is one of the most used drugs in New York. This drug takes a substantial toll not only on the users themselves, but on their families, surrounding communities, and law enforcement. Not only the District Attorney, but the U.S. Attorney on the federal level aggressively pursues Heroin Possession. The Federal government has a stake in the pursuit of these crimes, because foreign drug cartels use the funds obtained from their illegal activities to wage their battle against the United States.

In the State of New York, if you are caught with Heroin, you are charged with “Criminal Possession of a Controlled Substance,” which is a Misdemeanor. This is technically referred to a “Criminal Possession of a Controlled Substance in the Seventh Degree.” A Misdemeanor is punishable by up to one year in jail. If you are found to be in possession of a ¼ ounce of heroin, the charge will be “Criminal Possession of a Controlled Substance in the 5th Degree, which is considered a D Felony.

The more Heroin you are arrested with, the higher the felony charge. Being arrested with one ounce or more of Heroin would be a C Felony; possession of two ounces (or more), or attempting to sell the drug would be a B Felony. Possession of over 4 ounces is considered an A Felony.

If you are facing these types of charges is important to obtain the advice of NY
Criminal Lawyer. These charges can be serious, and a Criminal Court matter can be extremely complicated.

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Grand Larceny is defined as illegally taking the property of another. In New York State the property must be valued at over $1,000.00. This crime is governed by New York Penal Law Sections 155.30 through 155.42. There are four degrees of Grand Larceny, going from Grand Larceny in the 1st degree through Grand Larceny in the 4th degree.

Grand Larceny in the 4th degree is classified as an E Felony would include a theft with a monetary value of $1,000. but not to be higher than $2,999.99 dollars. This category includes crimes such as car theft (must be valued at over $100.), firearm theft, theft of a religious worship item, and stealing a public record. Grand Larceny in the 3d degree is classified as a D Felony, and is the theft of an item valued at $3,000. or more, but not to exceed $49,999.00. Grand Larceny in the 2nd degree is classified as a C Felony. Grand Larceny in the 1st degree involves a theft where the monetary value of the item exceeds $1,000,000.

A New York Grand Larceny Lawyer will explain to you that a charge of Grand Larceny can be based on an accumulation of dollar amounts. For example if someone steals a credit card and charges $1,000. per day for 50 days, the District Attorney can prosecute the defendant for Grand Larceny in the 2nd degree because the cumulative amount of the money taken is $50,000. The ability of the District Attorney to combine amounts over a period of time does not hold true for other crimes, such as Burglary.

When you consult with your New York Grand Larceny Lawyer, they will explain that if you have been charged with this crime, a main goal will be to explore the possibility of a Plea Bargain. The District Attorney will be concerned with the matter of restitution, and may be more lenient when full restitution can be awarded to the victim of the crime. This will accomplish making the victim financially “whole” and the Judge and District Attorney may be more lenient with sentencing.

If you have been charged with the crime of Grand Larceny it is important to contact a New York Criminal Lawyer as soon as you can. It is important to make sure that your rights are protected throughout the Criminal Court process.

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If you have been charged with a crime in the State of New York, you may not be aware that is possible to be in violation of not only New York State law, but Federal Criminal Law as well. If you have been charged with a crime, it is important that you consult with a New York Federal Criminal Lawyer at your first opportunity. Because there is a great degree of discretion in a case that involves both state and federal law, it is important to consult with a New York Federal Criminal Lawyer to review your options. The offices of the United States Attorney may or may not choose to prosecute the matter under federal law, and may pass the case down to the District Attorney. Conversely, if the District Attorney feels that the crime is appropriate for federal involvement it can refer the case to the U.S. Attorney.

On rare occasion, the New York District Attorney, the United States Attorney and the New York State Attorney General can decide to charge a defendant under both federal law as well as state law. The federal law is governed by the United States Codes, and a crime in the State of New York would be governed by the New York Penal Law. If you have been charged with a state or federal crime, it is important to consult with a New York Federal Criminal Lawyer, as the issue of double jeopardy may arise. The concept of double jeopardy means that a defendant may not be charged twice for the same crime. This is prohibited by the United States Constitution. There is a degree of overlap between state and federal law, but in some instances there is not. If this is the case, then it is possible for a defendant to be charged under both state and federal law. This is a complicated matter and it is important to have a skilled New York City Criminal Lawyer discern whether the case is a state case, federal case, or both.

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A New York Embezzlement Lawyer will explain to you that Embezzlement is defined as wrongfully misappropriating money or property that has been put in a person’s care but is rightfully owned by someone else. This crime is distinguished from Petite Larceny which is the taking of property below the dollar amount of $1,000., or Grand Larceny which is the taking of property valued at over $1,000. If the District Attorney finds that you in fact guilty of Embezzlement, the punishment imposed upon you by the judge can be substantial. If you have been charge with Embezzlement, it is advised that you call a New York Embezzlement Lawyer at your first opportunity.

As mentioned above, the crime of Embezzlement means that a person, who has responsibility for a certain item of property, takes that property. The concept of Fraudulent Conversion may come into play here as well. Conversion is the crime of taking ownership of property that has been left in your care, and using it for your own benefit (in a way that is not authorized). In order to prove Embezzlement, the following elements must be present: (1) the property involved belonged to someone else; (2) the property was converted or used for the defendant’s purposes; (3) the defendant was in a position of trust and possessed legal possession (or access) of the property; and (4) the defendant knowingly defrauded the owner of the property.

The crime is commonly seen in an employer/employee relationship. But it can be seen in other contexts, where a fiduciary relationship exists between the defendant and the owner of the property. Embezzlement is considered a White Collar Crime. This is a collection of crimes that have the common denominator of fraud. Often these crimes can overlap (Mail Fraud, Bank Fraud, and Computer Fraud, for example). Because of this the District Attorney will examine business records to determine the extent of the fraudulent activity. These matters can be far reaching and complex, and such it is important to have the support of a Brooklyn Criminal Lawyer to help you through your case.

The penalties for Embezzlement will vary depending on what the dollar amount is of the stolen property. You may be punished with restitution, fines and possibly prison. If you have been charged with Embezzlement, there can be a lot at stake, and you will need a New York Criminal Lawyer protecting your interests.

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In New York, driving while intoxicated (DWI) is considered to be a Misdemeanor. This law is covered in the New York Vehicle and Traffic Law, Section 1192. This section defines a DWI as any person driving while under the influence of alcohol with a blood alcohol concentration (BAC) of .08% or higher. If you have been arrested for a DWI, it is very important to contact a New York DWI Lawyer.
The New York Vehicle and Traffic Law, Section 1192.1 through 1192.4 cover some of the general criteria of what constitutes a DWI in the State of New York. It is important to remember that there are various ways that someone can be charged with a DWI. The amount of alcohol consumed is a factor as well as the time frame within which it was consumed. The general rule of thumb is that a person can metabolize one drink per hour. Body weight and sex also figure into this equation.

If you have been arrested of a DWI or a DWAI (Driving While Ability Impaired) for first time offenders some of the Sentencing guidelines are set forth below.

1192.1 DWAI by alcohol brings of a monetary fine between $300. to $500., and a potential maximum jail stay of 15 days, as well as a 90 day driver’s license suspension.

1192.2 DWI fines can range from $500. to $1,000., up to one year in jail and a 6 month license suspension.

1192.3 For violation of this particular section, a first offense will range in a fine between $1,000.-$2,500. and up to one year in jail. There is a minimum license revocation of one year.

1192.4 Driving with Drug Impairment will bring a fine of $500. to $1,000., up to one year in jail and a license suspension of a minimum of 6 months.

If you have experienced an Arrest for a DWI offense, you will benefit greatly by contacting a Westchester County Criminal Lawyer as soon as you can. A DWI and subsequent punishments can greatly impact your life.

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If you have recently been charged with a DUI or DWAI, you probably are aware that the term DWAI means “driving while ability impaired.” This impairment can be a result of prescription medications (such as narcotics), or illegal drugs like marijuana or cocaine). A DWAI case addresses the particular level of impairment of a driver. In New York a driver who is operating a vehicle with a blood alcohol content (called a BAC) of .04 up to .07 is can be considered physically or mentally impaired. If you have been charged with a DWAI, it is very important that you contact a New York DWAI Lawyer as soon as possible. These cases can have a substantial impact on your personal and professional life.
In New York, a DWAI is a criminal law violation. Depending on how many charges you have had against you, the penalties can be quite severe. First time offenders can expect a fine between $500.-$1,000., including potential jail time (up to a year), and loss of your driver’s license. A second violation within a ten year period bumps the fine up to $1,000.-$5,000., and the jail time can go up to 4 years. Also note that more than one offense during a ten year period can result in a Felony conviction, and more fines. A third offense within ten years can cost you up to $10,000. in fines, 7 years in jail, and your license being permanently revoked.

If you were stopped by police for suspicion of DWAI, you were probably given a sobriety test. There are three tests that the police use to determine sobriety; a screening test, a field sobriety test or a chemical test. Commonly, a field sobriety test includes things like touching your finger to your nose, standing on one leg, walking a line and turning around, and reciting the alphabet backwards. These tests are frequently used to determine balance, coordination and mental capacity of a person. A screening type test would include a portable breathalyzer test to measure blood alcohol. A chemical test will could be given which could involve a blood test (these tests must be given within two hours of the arrest).

Breath tests are occasionally found to be unpredictable. Things like mouthwash, cough syrups and breath sprays can alter the results of breathalyzer and intoxilyzer machines used to measure BAC. It can also be argued that body temperature variances can affect the readings. This is a good example of why it is so important to have a New York DWI Lawyer represent you if you are facing these types of charges. Your lawyer will be able to construct a defense strategy and know to ask all the right questions regarding the BAC tests.

Facing a DWAI charge can be a daunting prospect. The effects of these charges can greatly impact your future. With the aid and guidance of a Nassau County Criminal Lawyer you may be able to lessen the severity of your charges, or even potentially get your case dismissed. At a minimum, your lawyer may even convince the court to allow you to keep your license in effect so you can continue to go to work.

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In New York, the crime of Endangering the Welfare of a Child is taken very seriously. Few crimes will cause concern and get the immediate attention of Criminal Court authorities more than this allegation. A New York Endangering the Welfare of a Child Defense Lawyer can explain that this crime is taken so seriously because of the perception that a child cannot help themselves, and are unable to seek help if they need it. If a child is not receiving adequate care, there are substantial ramifications for the parents or caregivers. Some of the immediate issues that will be explored by the New York Court and District Attorney’s office relate to who the parents are, what the relationship is between the caregiver and the child, and what was the injury to the child. If you are embroiled in a case involving Endangering the Welfare of a Child, it is imperative that you contact a New York Endangering the Welfare of a Child Defense Lawyer right away. These cases are pursued vigorously by the District Attorney’s office and have can have a significant impact on not only your future, but that of the child.

Depending on the particular circumstances of your case, this matter can be pursued not only by the District Attorney, but the Criminal Court as well. For instance, if a child has suffered excessive corporal punishment, the parent could be charged with Assault in the 2nd degree, which is a Felony. This would be in addition to charge of Endangering the Welfare of a Child, which is a Misdemeanor. Additionally, this type of charge can result in an Order of Protection, which will prevent the defendant from interacting with the child. Failure to adhere to an Order of Protection can result in an Arrest, and additional charges being levied against the defendant, such as Criminal Contempt.

Your New York Endangering the Welfare of a Child Defense Lawyer will also explain to you that the sentences imposed for these violations can be considerable. The criminal sentences that can be imposed can include fines, jail time, counseling, probation and counseling. Civil penalties can also be included. It is possible that the parent or caregiver could lose custody and/or visitation with the child altogether. It is possible that your name could also be entered on the Central Register of Child Abuse and Maltreatment, which is statewide and a matter of public record.

Securing the advice of a Bronx Criminal Lawyer is extremely important if you are facing charges such as these. The punishments levied in these matters are significant, and more importantly can permanently alter your relationship with your child.

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A New York Drug Possession Lawyer will tell you that New York City is a major drug traffic center. Due to the city’s sheer size and large multinational population, New York has become a major hub for illegal drug trafficking activities. If you have been arrested for a Drug Crime, contact a New York Drug Possession Lawyer today.
New York State and Federal officials frequently focus on the Mexican and Columbia Drug Cartels, as they are major distributors for illegal drugs. Cocaine will often be shipped into New York City through various methods, including truck, boat and even the U.S. Postal Service. Tons of cocaine is brought in the country every year. As a means to obtain the higher level drug traffickers, the police will often arrest street dealers in order to obtain information leading to arrests of larger importers. It is clear that the US Attorney as well as Federal law enforcement are aggressively pursuing these cases; between 2000-2007 NYC reported and average of 200,000 Misdemeanor drug arrests and 30,000 Felony arrests every year. The drugs that are most common on the street include cocaine, marijuana, heroine, LSD, ecstasy, Khat and even steroids. Legal
drugs such as oxycontin are also abused and sold on street, sometimes by writing fraudulent prescriptions. The vast majority of these arrests result in the offender receiving a criminal conviction and ending up in jail.

The Criminal Court and the District Attorney promote rehabilitation of offenders. Often a sentence for an offender will include a drug treatment program and other drug counseling or psychiatric services. By having a qualified New York Drug Possession Lawyer working on your behalf, it is possible that the Criminal Court may be convinced to put an offender into some type of treatment, rather than be put in jail. This can be done via a plea bargain, where the offense can be plead down to a lesser charge or perhaps even dismissed. Your Suffolk County Criminal Lawyer will work to convince the judge that you will not repeat your offense, and you may receive a conditional discharge.

If you are facing a drug charge, it is important to obtain the advice and counsel of a qualified New York Drug Possession Lawyer. Having representation can make all the difference in the outcome of your case.

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