New York Criminal Lawyer Blog

In the Bronx, Theft of Services [PL 165.15] is an everyday occurrence for which police make arrests. Theft of services can include a wide group of offenses that are Class A misdemeanors in which the suspect is accused of intentionally not paying for services received, or intended not to pay for them. If you have been accused of committing a Theft of Service offense and have been issued a desk appearance ticket or have been arrested, you can be hit with heavy fines and even jail time.

Theft of Services or so-called “Passive Theft” crimes are particularly difficult for small and independent businesses to absorb, and New York law enforcement agencies are dolling out stiff penalties to violators.

Billions of dollars are lost annually to Theft of Services crimes against hotels, taverns and restaurants, and other service businesses in the Bronx and all across the U.S. Losses to the cable television industry from cable TV theft are estimated in the billions of dollars annually.

In New York City and across the United States, Hate Crimes are carried out with the intent of harming or intimidating a victim The Community Relations Service (CRS), an arm of the U.S. Department of Justice, is a specialized Federal conciliation service available to State and local officials to help resolve and prevent racial and ethnic conflict, violence and civil disorders. When governors, mayors, police chiefs, and school superintendents need help to defuse racial crises, they turn to CRS. CRS helps local officials and residents tailor locally defined resolutions when conflict and violence threaten community stability and well-being. CRS conciliators assist in identifying the sources of violence and conflict and utilizing specialized crisis management and violence reduction techniques which work best for each community. CRS has no law enforcement authority and does not impose solutions, investigate or prosecute cases, or assign blame or fault. CRS conciliators are required by law to conduct their activities in confidence, without publicity, and are prohibited from disclosing confidential information.

In 1997, CRS was involved in 135 hate crime cases that caused or intensified community racial and ethnic tensions. As authorized by the Civil Rights Act of 1964, CRS became involved only in those cases in which the criminal offender was motivated by the victim’s race, color, or national origin. Of all hate crime incidents reported to the U.S. Department of Justice’s Federal Bureau of Investigation (FBI) in 1996, 72 percent were motivated by the victim’s race, color, or national origin.

Hate Crime

In New York, the crime of Criminal Possession of Stolen Property is defined as a person knowingly possessing stolen property, with the intent to benefit himself (or another person), other than the rightful owner of the property, or to impede recovery of the stolen property of the owner. This crime is similar to Grand Larceny, and can be considered either a misdemeanor or felony. If you have been accused of this, or other theft crime, it is important to contact a New York Criminal Possession of Stolen Property Lawyer. Being convicted of this crime can result in jail time, significant fines, and probation.

Criminal Possession of Stolen Property is general covered in Section 165 of the New York Penal Law. There are five degrees of this crime, depending on the value of the property involved. The breakdown of this crime is as follows:

Section 165.40 Criminal Possession in the 5th Degree: Defendant knowingly possesses stolen property with the intent to benefit himself or someone else, other than the owner of the property, or impede recovery of the property by the rightful owner. This crime is an A misdemeanor, which is punishable by a maximum of one year in jail.

The crime of Rape and its many variations are in the rise not only in New York, but nationwide. Statutory Rape is generally defined as an individual having sex with a victim that is under the age of consent. The age of consent varies from state to state, in New York the age of consent is 17 years old. Often a charge of Statutory Rape is brought by the parents of a minor child; however the state can bring charges as well, even if the parents do not. It is important to realize that even if a person has sex with someone under 17 who gives their consent; it is still considered Statutory Rape. Also know that being mistaken or unaware of the victim’s age is not a defense to this crime. If you have been accused of Statutory Rape, it is important to seek legal advice right away. The charge of Statutory Rape (even if it is not true), can have a very real and long lasting effect on the accused life. If you are convicted of this crime, you could receive a jail sentence, and the imposition of substantial fines, just to start. In addition to the public embarrassment these charges create, it is also possible that you would need to register as a sex offender. A skilled New York Statutory Rape Lawyer can make all the difference in how your matter proceeds.

The crime of Statutory Rape is defined in New York Penal Code Section 130. Which particular provision that will apply is dependent on the age of the victim, and the age of the defendant. There are three degrees of this offense. If the defendant is 21 years of age or older, and the victim is under 17 years of age, the crime would amount to 3d degree rape, which is classified as a Class A misdemeanor. A misdemeanor is punishable by up to a maximum of one year in jail. If the defendant is over the age of 18 and the victim is under the age of 15, the crime is classified as 2nd degree rape, which can be a Class B or Class D felony. A felony is punishable by anything over one year in prison. If the victim was under the age of 11 years old the crime is considered 1st degree rape, and is classified as a Class B felony.

If you have been charged with a Sex Crime, including Forcible Touching, Child Pornography, or Sexual Abuse, it is extremely important to contact a New York Statutory Rape Lawyer as soon as you can. Defending yourself in these matters can be very tricky, as it often boils down to your word against theirs. An experienced Brooklyn Criminal Lawyer can sort through the legal issues and formulate a defense strategy to protect your rights and obtain the best possible result. Being convicted of Statutory Rape can bring a host of life changing consequences for the defendant.

Rape is defined as the sexual intercourse with another, without the victim’s consent. Date rape is a variation of this, where the defendant and the victim know each other. In rape cases, Date Rape is more common that you might think, it is reported that 70-80% of rape victims knew their offender. The accusation of rape is a serious matter, even if it is not true. It can damage the defendant’s reputation for years to come. A criminal conviction of rape can result in prison, fines, rehabilitation and possibly registering as a sex offender with the State of New York.

Date Rape is defined by the Rape statutes of the New York Penal Law, under sections 130.25, 130.30 and 130.35, depending on the degree committed. 1st degree Rape is defined as intercourse with another person, either by forcible compulsion, or if the victim cannot give consent (due to being physically helpless), or with a person that is under the age of 11 yrs. This crime is categorized as a Class B felony. 2nd degree Rape occurs when an individual over the age of 18 yrs. has sexual intercourse with someone 15yrs. old or younger, or has sex with an individual incapable of giving consent because of mental incapacity. This is a Class D felony. 3d degree Rape occurs when individual has sex with an individual that cannot give consent for another reason than being 17 years old or younger, or being over 21yrs. and having sex with someone younger than 17 yrs. or having sex without consent because the lack of consent is due to another factor other than incapacity. This is categorized as a Class E felony.

The crime of Date Rape can be complex given the pre-existing relationship of the parties. Consent can become a grey area in these types of cases, particularly if there was a pre-existing relationship between the parties. Often poor communication, misunderstood signals and even diminished capacity due to drugs or alcohol may be a factor. In fact Date Rape has received more media attention in the recent past due to the use of what has been called Date Rape drugs, Rohyponol and GHB. It is reported that nearly 1/3 of Date Rape cases involve drugs and/or alcohol. The District Attorney will try to convince the court that all the elements of Rape are present, beyond a reasonable doubt. It will be the job of your Bronx Criminal Lawyer to prove otherwise, and create reasonable doubt in the eyes of the court.

A New York Sexual Abuse Lawyer will tell you that the crime of Sexual Abuse as well as other sex related offenses is on the rise in New York. Because of this, the District Attorney’s office is cracking down on sex offenders like never before. A conviction of Rape, Forcible Touching and Child Pornography amongst other offenses can have significant, life changing consequences for the defendant. A Sex Crime, depending on the particular charge, can be classified as either a misdemeanor or a felony. A conviction can lead to a jail sentence, fines, counseling, loss of reputation, and the requirement to register as a sex offender. The crime of Sexual Abuse is defined by New York Penal Code Section 130.55, 130.60 & 130.65. If you have accused of Sexual Abuse and/or other Sex Crime, it is recommended that you contact a New York Sexual Abuse Lawyer right away.

Sexual Abuse is defined as an individual having sexual contact with another without their consent. There are three degrees of this crime. In the first degree, the contact must be as a result of forcible compulsion, or where the victim is incapable of giving consent, or younger that 11 years old. This crime is classified as a D Felony, which would be punishable by a minimum of one year in prison. Sexual Abuse in the second degree is non-consensual sexual contact where the victim is incapable of consent for a reason other than their young age (17 yrs. or younger) or the victim is less that 14 yrs. old. This is categorized as a Class A Misdemeanor, punishable by a maximum of one year in jail. This crime in the third degree is non-consensual sexual contact by on person against another. An affirmative defense to this crime would be that the victim’s lack of consent was because of their incapacity due to their age (17 yrs), the victim was at least 14 yrs. of age, and that the defendant was within 5 years of age of victim. This crime is classified as a Class B misdemeanor.

An experienced New York Sexual Abuse Lawyer will be invaluable if you have been accused of a Sexual Abuse. It will be the job of the District Attorney to prove your guilt beyond a reasonable doubt. Your Westchester County Criminal Lawyer can raise defenses, and ask questions that can counter this and create reasonable doubt, preventing you from being convicted of the crime.

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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.

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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;

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:

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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. Thehttps://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.

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