New York Criminal Lawyer Blog

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.

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

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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.

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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.

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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.

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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.

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.

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.