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.

Continue reading " What is a felony and what are the penalties? " »

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.

Continue reading " Facts about heroine and possession of drugs " »

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.

Continue reading " Advice for those who have been charged with a Federal Crime " »

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.

Continue reading " Embezzlement is explained and examined as a complicated crime " »

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.

Continue reading " The various penalties for DWAI are presented here " »

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.

Continue reading " The Crime of Drug Possession is rampant in New York City " »

Most people who experience Driver’s License Suspension are often surprised. Sometimes the first they learn of this problem is when they are arrested. Unfortunately, ignorance of this fact is not a defense. Pursuant to New York Vehicle and Traffic Law, Section 511, if your license is suspended (depending on the circumstances and how many there are) it is possible that you could be charged with a Felony. This crime can happen rather simply; if you have received a moving violation ticket and either do not respond appropriately, and/or fail to go to court when required, or you do not to pay a fine, your license can be suspended. If this scenario has happened to you, call a New York Drivers License Suspension Lawyer. You will require guidance and legal advice to straighten out your legal affairs and ultimately, protect your rights.

This problem can arise fairly easily for the above referenced reasons; however, it is important to remember that commonly the DMV will mail you a letter notifying you that your license is in danger of being revoked. Commonly when people get into to trouble it is because they have moved and do not notify the DMV of the address change. When you do not receive this important notification, and consequently fail to take any appropriate action, your license will be suspended. Often the first you will hear of it is when you are facing an unexpected arrest due to a minor traffic stop. Your Traffic Attorney will be able to explain to you that regardless of why your license actually went into suspension, not being aware of this situation will not help you in terms of a defense strategy.

The District Attorney will look at the number of suspensions to determine what charge you will receive. As an example, if you receive four traffic citations and fail to address them, each ticket counts as a suspension. These four suspensions cannot be lifted until each and every ticket is dealt with, preferably with the assistance of a Staten Island Criminal Lawyer. Additionally, a total of four suspensions will grant you a Misdemeanor charge, which is punishable by incarceration. Be advised that if you have a total of ten suspensions you will be charged with a Felony. Another popular way to receive this violation is to obtain 11 points (or more) for moving violations on your driving record (within an 18 month period). If you know you have acquired 11 points or more, it is important that you call a New York Traffic Lawyer to help you fight this matter.

Today having a valid driver’s license is paramount to functioning in a mobile society. If your license has been suspended, call a New York Driver’s License Suspension Lawyer who can help you fight your case and restore you license.

Continue reading " The subject is Drivers License Suspension " »

One of the most common crimes in New York is Domestic Violence. This category of crime is so common in fact, that the New York court system has courtrooms specially set aside just for these types of cases. The courts have merged the New York Criminal Court and the Family Court to properly handle the caseload. It is interesting to note that technically, there is not crime of Domestic Violence per se, but rather a collection of offenses that constitute this crime, committed within the context of a family or blood relationship, or having a child in common. Some of the crimes may include Assault, Rape, stalking, Sexual Abuse or other Sex Crime, kidnapping, harassment and even Murder. If you are involved in a Domestic Violence conflict, call a New York Domestic Violence Lawyer as soon as possible. Obtaining legal advice is the best way to successfully navigate your way though the legal system and obtain the best result possible.
Because of the volume of cases in this area of law, the New York has created what is called an IDV, or Integrated Domestic Violence Courtroom, which serves to combine criminal punishments with newer case management programs such as anger management, counseling and parenting classes. The creation of the IDV program is to address the criminal court and family court overlap, and specifically address matters such as protection orders, custody and visitation issues, among others. It is helpful for all parties involved that the case be handled in one courtroom, by one judge, to better serve the parties involved and eliminate potential bureaucratic snafus.

When you contact your New York Domestic Violence Lawyer, the will work with the Judge and the District Attorney to discourage conventional and perhaps harsh methods of criminal punishment and defend you innocence. A Queens Criminal Lawyer will serve to defend you against any charges of Assault, sexual abuse, endangering the welfare of a child, or even Murder

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Criminal Trespass is defined as a person knowingly entering a property without the permission of the property owner. There are factors in a particular Criminal Trespass case that a District Attorney will investigate such as the reason the individual entered the property, and did the individual use a weapon. It will be the job of your New York Criminal Trespass Lawyer to defend your rights and argue with the District Attorney about the details of your particular case. If you have been charged, you know that Criminal Trespass can range from a Misdemeanor to a Felony. Depending on what you are actually charged with, your punishment can range from 90 days to up to a year in jail for a Misdemeanor, and if you are found guilty of a Felony, your sentence can amount to anything over a year in prison. It is important to have the knowledge and experience of a qualified New York Criminal Lawyer on your side.
The charge of Criminal Trespass can also overlap with other crimes, and is also a subset of a Burglary charge. In a Burglary, a person unlawfully enters a premises with the intent to commit a crime within. If you are charged with a Burglary crime, you should contact a New York Burglary Lawyer without delay. A charge of Burglary, depending on what degree you are charged with, can greatly increase your punishment if you are found guilty.

The more serious your Criminal Trespass charges are, the more important it is to seek the guidance of a NYC Criminal Lawyer. Whether you have been charged with a violation of Criminal Trespass in the 1st degree, or charged with the Felony of Criminal Trespass in the first degree, it is advisable that you have the guidance of a qualified New York Criminal Trespass Lawyer.

Continue reading " Criminal Trespass is a crime of varying degrees " »

Interestingly, there is no actual provision in the penal code called “vandalism.” The term is used frequently however, usually referring to the act of destroying or defacing another’s property. This crime is called Criminal Mischief. There are 4 different levels of this crime, with the least severe being Criminal Mischief in the 4th degree (a Misdemeanor). This crime deals with property damage that does not exceed $250.00. This type of vandalism is often seen as the painting of graffiti on buildings, for instance. It is punishable by up to one year in jail, as well as fines, probation and community service. The next level up is Criminal Mischief in the 3d degree, which is a Felony. A Felony is punishable by over one year or more in prison. This level of crime deals with property damage up to $1,500.00. Criminal Mischief in the 2nd degree covers property damage over $1,500. and is classified as a D Felony. Lastly, Criminal Mischief in the 1st degree is a B Felony, and pertains to property that has been damaged by explosives. A New York Criminal Mischief Lawyer will explain to you that these charges and punishments can be quite serious. It is highly recommended that you seek legal guidance of a New York Criminal Lawyer to handle your case.

Criminal Mischief can come in many forms; one that is quite common is “road rage.” Road rage is where one driver gets into a heated argument with another over their driving practices. Things escalate, and before you know it one party kicks or otherwise damages another’s car. The person who damaged the car will likely be arrested by New York Police. When the police officer shows up, he will be making the judgment call as to the level of damage to the car, which in turns effects which level of Criminal Mischief the defendant will be charged with. This leaves a lot of discretion in the hands of the police, and it can seriously impact what you are charged with (based on the perceived monetary damage to the car). It is also problematic that the District Attorney does not make a habit of questioning the damage estimates that are submitted by the complainant. This again, is left open to a lot of speculation, which can have an adverse impact on your case. Additionally, these cases often include overlapping charges particularly if the exchange between the parties became physical, such as Assault, Possession of a Small Weapon and even Murder or Manslaughter.

If you have been charged with Criminal Mischief and are tackling a case brought against you in the New York Criminal Court system, it is important that you know your rights and have the support of a New York City Criminal Lawyer working on your behalf

Continue reading " Criminal Mischief can bring harsher punishment than one thinks " »

If you are arrested and taken into custody, the issue of setting bail will be addressed at your Arraignment. This is of course unless you are released on your “own recognizance,” in which case no bail will be posted and you will be released. A bail reduction would be called for if for some reason, there has been a change in circumstances.The purpose of bail is that the court wants to ensure that you will return to court after your Arraignment for further court proceedings. Failure to return will not only result in a forfeiture of your bail, but also a Bench Warrant for your Arrest. The crime for which bail will be posted varies greatly, a Misdemeanor, DWI, Sex Crime or Drug Possession charges could all result in the judge posted bail. Perhaps you are dealing with a White Collar Crime, such as Mail Fraud, Securities Fraud or Bank Fraud. If you have received a Desk Appearance Ticket, your process will be slightly different since you were not taken into custody at the time of your Arrest, however it is still vitally important that you attend your Arraignment hearing.

It is important to be aware that the Criminal Court judge has a substantial degree of discretion in whether he/sets bail and how much. This is why it is so very important to be accompanied by a New York Criminal Lawyer at your Arraignment. The judge will be looking at aspects of your case, such as the crime you are accused of, and the dangerous or violent nature of the offense. The judge will also determine if you are considered a “flight risk,” if you are likely to return to court for your proceedings in the future or not. In order to determine this, the judge will take things into consideration such as your prior criminal record, whether you are employed, and for how long, as well if you own your own home, and if you have a substantial presence of friends and family in the area. It will be the job of your Long Island Criminal Lawyer to convince the judge to either release you without any bail being posted (“OR”) or setting the smallest amount feasible under the circumstances. Once bail is posted it will be up to your friends and family to post bail for you. Most commonly, a Bail Bondsman will be used.

If something has occurred regarding your case, your New York Bail Reduction Lawyer will make an application to court and present the new circumstances or facts to the court, in an effort to get your bail reduced. If the court finds that there has in fact been a substantial change in circumstances, the judge may reduce or even eliminate your bail.

Having the support and guidance of a New York Bail Reduction Lawyer is extremely important during the bail and bail reduction process.

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If you have recently experienced an arrest or received a Desk Appearance Ticket (DAT) for an Assault, you may be wondering where you stand legally. Assault is generally defined as someone causing intentional physical injury to someone else. Assault can range in severity, depending on how badly the victim was injured, and what type of weapon was used in the confrontation. An Assault is classified by degree, some of which are considered a misdemeanor, and some are considered a felony. An assault accusation may also be part of another offense, such as the case with a Sex Crime, Domestic Violence, or included as part of a Drug Crime or Petite Larceny violation. If you have been accused of Assault and perhaps are awaiting your Arraignment for these charges, it is wise to consult with a New York Assault Lawyer to determine where you stand legally, and formulate a plan to best handle your situation. It is important to note that if you have received a Desk Appearance Ticket as a result of an Assault charge, you must attend your Arraignment or a Bench Warrant can be issued for your arrest.

In New York Criminal Court Assault is categorized by degrees. Assault in the 1st degree is the most serious, and is considered to be as severe as an attempted murder charge (and is a felony). Assault in the 2nd degree is considered a felony as well. Your New York Criminal Lawyer can explain to you that a felony is punishable by one year or more in prison, while a misdemeanor is punishable by anything less than a year in jail. Assault in the 3d degree is considered a misdemeanor, and requires that there was intent to cause bodily injury to another person, and an injury did occur.

If you have been charged with any of the above degrees of Assault, it will be up to the New York District Attorney to prove that the crime was committed. As Assault charge can be serious, it is important that you avail yourself of a Manhattan Criminal Lawyer who can help plan a solid defense for you.

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In New York, Arson is considered a serious offense. This is partially due to the unpredictable nature of the crime, which can cause substantial damage to property and physical injury. In New York, there are five degrees of Arson.

Arson is generally defined as willfully and maliciously setting fire to property or a structure without the consent of the owner. The degrees of arson are categorized by what type of property was set on fire, if there was any risk or injury to people, and the different types of fire that are set.

A New York Arson Lawyer will explain to you that the New York Criminal Court and the District Attorney have traditionally had a strong reaction to arson cases, because of the dangerous nature of the offense. Your bail may be higher for this offense than for other offenses such as Assault, Petite Larceny or DWI. Because of this, it is extremely important that a defendant accused of an arson offense obtain the advice and counsel of the qualified New York Arson Lawyer prior to your Arraignment. A qualified lawyer can help you to navigate through the potentially complicated legal situation at hand.

Depending on the degree of Arson you are being accused of, you may receive a Desk Appearance Ticket. Do not be lulled into thinking that because you were not held in jail your offense is not as serious or that you should not have a lawyer. The receipt of a Desk Appearance Ticket only means that while you were technically arrested and processed, you do not have to stay in jail awaiting your Arraignment hearing. It is important to remember however, that you must attend this hearing, as failure to do so can result in a Bench Warrant.

Arson is categorized by degrees. Arson in the first degree is considered an A Misdemeanor offense. The other degrees of Arson (second degree through the 5th degree) are considered a Felony offense. Arson in the 1st and 2nd degree are categorized as a violent Felony.

It is important to discuss your case with your Brooklyn Criminal Lawyer if there are any affirmative defenses available to you. The existence of an affirmative defense may lessen the severity of the charges against you, or even result in of the dismissal of your case.

If you are facing an arson charge, it is important to have a New York Arson Lawyer to help you deal with this difficult situation and make sure that your rights are adequately protected.

Continue reading " A Brooklyn Criminal Lawyer Talks about The Crime of Arson " »

Two youngsters who should have been locked up were running the streets on Mother’s Day and were part of a Mother’s Day Slaying. The two men had twenty arrests between the two of them. Now the two have been charged with the murder of two teenagers. The men gunned down the victims on Mother’s Day report Long Island Criminal Lawyers.

The men were upset because they had crashed a party and were tossed out for harassing several women. The two that had ousted the guys from the party weren’t on hand when the men returned. However, the men apparently didn’t care who had been behind their dismissal from the party. However, the men continued on their rampage says a Long Island Criminal Lawyer.

One of the men had 12 arrests dating back to 2001. He had been arrested on various charges ranging from pot possession to attempted murder where he was the triggerman. The other man had 8 arrests, which included trespassing and assault as a juvenile. He was also arrested for murder after being involved in a shooting. According to New York Criminal Lawyers, one man has already turned on the other indicating that the weapon had been taken from his own father but had given the gun up when the fight started.

Continue reading " Two Convicted Young Men Slay Two Other Teens on Mother’s Day Reports a Long Island Criminal Lawyer " »

In New York there are a total of 6 categories of Burglary. The primary Burglary categories are Burglary in the 1st degree through Burglary in the 4th degree, as well as crimes involving attempted burglary and being in possession of tools used in burglary. In general, 1st degree through 4th degree Burglary are considered felony violations, while the other burglary crimes are considered a misdemeanor offense. Each degree of Burglary represents a different severity of the crime. Burglary four is considered the lowest in severity and is an E felony. Burglary 3 is a D felony, and Burglary 2 is a C Felony, while Burglary in the 1st degree considered being the most severe, (a B Felony), which can carry a penalty of up to 25 years in prison. If you have been arrested and charged with the crime of Burglary is important to know your rights through the Criminal Court process. A Burglary charge is serious, and the consequences life changing. Having a New York Burglary Lawyer assist you through this process is important.

If you have been charged with a lower level Burglary crime, you may have received a Desk Appearance Ticket. You should remember that you were, in effect, still legally arrested. You will have the same obligation to attend your designated Arraignment hearing.

A Queens Criminal Lawyer can explain to you that Burglary occurs when an individual gains illegal entry into a premises for the purposes of engaging in a criminal act. Something like breaking into an art or jewelry store and taking merchandise is an example of a burglary. The critical elements of the crime in this instance would be the illegal entry into the premises, and the actual taking of the property. The crime of Burglary could involve other crimes that could have occurred at the same time, such as a Drug Crime, or Possession of a Small Weapon, Petite Larceny and Assault amongst many others.

The crime of Burglary can have many variables (these variables determine the category of the Burglary). Some variables are: if any injury resulted from the burglary, what type of crime was committed after the person gained entry, and whether or not the person used a weapon during the crime.

These variables are important, as they are what will be argued between your New York Criminal Lawyer and the District Attorney. Having a qualified New York Burglary Lawyer not only will help you navigate through the complex New York Criminal Court system, but will lend you legal guidance and support.

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A schoolyard killing that took the lives of three individuals three years ago is finally going to trial. One person thus far has been convicted on all counts in this horrible crime. Of the six men and boys charged in the slayings, the first man faces life terms in prison. Sentencing is set for July 8, 2010 reports a Brooklyn Criminal Lawyer.

The killings spurred a wave of anti-crime measures and since a fourth victim survived the horrible ambush, the men should all be held accountable for their role in the killing spree. All four of the victims had made plans to attend Delaware State University but as it is, only one will be able to make the dream a reality. The three victims that didn’t survive were found near a playground wall report Brooklyn Criminal Lawyers.

With the three victims dying from a gunshot to the back of the head, the victim that survived most likely witnessed the execution style killing of the others. The other individuals involved in the killing spree will be tried at a later date. However, certain New York Criminal Lawyers report that the other three will most likely face the same charges.

Continue reading " The First Guilty Verdict in Newark Triple Slaying Report a Brooklyn Criminal Lawyer " »

A New York Bribery Lawyer will tell you that the criminal charge of Bribery is often seen. If you are dealing with Bribery charges, it is important to obtain the advice of a New York Bribery Lawyer. It is particularly useful to speak to a Bronx Criminal Lawyer about your particular case, and develop a defense strategy that will improve the outcome of your case and defend your rights.

Bribery is considered a White Collar Crime, and occurs when a gift or money is offered to someone in exchange for some type of preferential treatment. This type of scenario could take place in a multitude of ways, for instance perhaps money is offered to a public official, to obtain a business or political favor, or to overlook a potential problem. Often Bribery will accompany another White Collar Crime, such as Embezzlement, Computer Fraud, Bank Fraud, or Mail Fraud, for instance. If you have participated in this type of activity you may be prosecuted for bribery by the District Attorney’s Office, and find yourself in Criminal Court. If you are pursued by the Federal Government for your alleged crime, you will be dealing with a Federal Court matter. If you find yourself contending with a case being brought against you by the Federal Government, call a Federal Criminal Lawyer without delay. The sooner you begin to formulate a solid strategy for your defense the better your outcome will be. It is also important to note that even though Bribery is considered a criminal offense, you may be brought up on civil charges as well. The charges against you and the punishment that you face will be based on the severity of the offense (how much money was involved or what type of benefit was gained from the bribe).

Bribery is often an issue amongst public officials or someone employed by the government. However the definition of bribery can be extended to include corporate officers, politicians and anyone who works for the government.

It is important to understand that in the crime of Bribery, the actual bribe does not have to be carried out. If the offer was made, and it was accepted, the crime of bribery has been committed, and both parties can be held liable. The State of New York as well as the Federal Government will wield harsh punishments if you are found guilty of this crime.

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A woman asked her angry boyfriend to leave her home after a argument. Instead, the man took his anger out on the woman’s daughter. The teenage girl was stabbed 20 times. The man fled from the apartment after stabbing the young girl. Fortunately he was captured soon after he left the apartment report New York Criminal Lawyers.

According to authorities, the man’s nine-year-old daughter called 911 and turned him in. The man and woman were involved in an altercation and were trying to reconcile outside the young woman’s apartment around 11 PM when he became violent. According New York Criminal Lawyers, the woman had no plans of making the relationship work and left the apartment with friends. The man was left behind with the woman’s four children and Aunt indicates New York Criminal Lawyers.

The teenager girl stood up to the man and insisted that he leave the apartment. That’s when the man turned on the young girl. The other three children, twin boys 2 and a sister, were already in bed. The sister to the victim came out of her bedroom. The victim insisted that the youngster go back to bed. The young girl called 911 and police were dispatched to the scene. The young girl was taken my emergency services to a local hospital where she later died. According to New York Criminal Lawyers, the suspect was homeless and lived in a city-run men’s shelter and has four prior arrests for robbery, weapons possession, drugs and assault. Criminal Lawyers report that the man was outfitted with a bulletproof vest when he was taken to court because the young girl’s father had made threats to kill him. The man was charged with murder and weapons possession and will be held without bail.

Continue reading " Teenage Girl Stabbed by Mother’s Ex-Boyfriend Reports a New York Criminal Lawyer " »

In New York, a White Collar Crime is a term used to describe a variety of offenses, most of which have the common denominator of fraud involved. These crimes are New York state and Federal offenses that involve stealing assets and money from another. Bank Fraud is the crime of stealing money from a bank or financial institution. Under the umbrella of Bank Fraud, specific acts included under this crime would include things like Credit Card Fraud, Mail Fraud, check kitting, obtaining a loan under false pretenses, Petite Larceny, grand larceny, forgery and counterfeiting checks.

In these economic times, Banks are on the look out for this type of activity. The District Attorney considers Bank Fraud and other White Collar Crimes a serious offense, and will vigorously prosecute these individuals. The penalties for the offenses can range from substantial monetary fines, restitution (a sum of money paid in compensation for the crime), and potentially lengthy prison sentences. It is important to note that these crimes may also be enforced by federal law enforcement officials and prosecuted via the U.S. Attorneys office in Federal Court. Facing down the Federal Government in a criminal case such as this can be extremely overwhelming. If you find yourself in this situation you need to contact a New York Criminal Lawyer at your first opportunity.

Often these crimes overlap, and it is not uncommon to be charged with more than one offense. A Credit Card Fraud crime may potentially include Mail Fraud, for instance, and Computer Fraud charges can also include ATM fraud. The charge of Misapplication (a Bank Fraud charge) is the conversion of funds for your own use, is commonly tied to the Embezzlement. Because of the overlapping issues, the case may be more legally complex, and far more daunting to the defendant faced with multiple charges.

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Two men entered a repair shop with the intention of robbing the business. Unfortuantely for these two, an off-duty cop was inside. The men entered the store and demanded that everyone empty their pockets. Westchester County Criminal Lawyers expect the men to get four years in jail.

The two men were convicted by a jury for attempted murder in the second degree and attempted robbery in the first degree. One of the men pointed his gun at a civilian and the off-duty detective identified himself and drew his weapon. One of the robbers began firing at the NYPD veteran. The NYPD detective was a better shot than the robbers as once he began shooting, he hit the robber in the neck. The other robber began firing and then attempted to escape reports a Westchester County Criminal Lawyer.

The detective gave chase and managed to catch him shortly after. Once in custody of the off-duty officer, the man was picked up and could face 40 years in prison for the botched robbery. New York Criminal Lawyers report that presences of the off-duty officer was a huge misfortune for the criminals.

Continue reading " Robbers of Repair Shop Could Possibly Get 40 Years Reports a Westchester County Criminal Lawyer " »