Criminal Defense
What is Criminal Mischief in NYC?
Criminal mischief crimes are crimes against property. Depending on how much damage has been done, this crime may be treated either as a misdemeanor or as a felony. The damage must be intentional, and the type of property is not relevant, whether a building, a cell phone, a car, or something else. The damage itself…
Read MoreI’ve Been Arrested for Assault – Is This a Misdemeanor or Felony?
You’ve gotten into a physical altercation with another person and now you have been arrested for “assault”. The question many defendants often ask is whether they have been charged with misdemeanor assault or felony assault. It is an important distinction to understand, as the consequences for both can significantly impact your future. In New York,…
Read MoreCan You Go to Jail for Insulting a Police Officer?
If you’ve ever been tempted to call a police officer names, you’re hardly alone. After all, nobody likes getting a ticket, or being accused of a crime. But can insulting a police officer get you into trouble in and of itself? The answer is a solid, “maybe.” Insults are protected by the First Amendment.…
Read MoreWhat are the Steps in a Criminal Trial?
Criminal cases do not go straight to trial. They go through a lengthy series of steps which must be completed before the courts can move on to the trial phase. Here’s what the process looks like after you’ve been arrested and charged. Note that you can opt to take a plea, if one is offered,…
Read MoreI’ve Been Charged With Unlawful Surveillance – How Serious Is This?
So you have been arrested for Unlawful Surveillance in New York City. You have appeared before a judge, and, because it was your first contact with the justice system, the judge agreed to release you on your own recognizance. You think to yourself: How serious can this be? After all, you have never been in…
Read MoreCan You Really Get My Criminal Case Dismissed?
The best criminal case is often the one that never goes to trial. One of the first things your defense attorney should look at is whether there is a chance the case may be dismissed. It’s not possible in all cases. But it can happen. Here are the different grounds an attorney can use to…
Read More5 Things Police Shows Get All Wrong
If you watch police shows like Law and Order, CSI, The Closer, Major Crimes, and other, similar dramas you might have gotten some skewed ideas about our criminal justice system. Shows like this perpetuate common tropes which don’t always bear much relationship to reality. And you can actively harm your own case if you believe…
Read MoreIs There a New NY Blood Alcohol Limit on the Horizon?
A new bill recently introduced in the New York State Assembly would lower the legal blood alcohol limit from .08 to .05. It would also lower the rate for aggravated driving while intoxicated. This change is, in part, in response to National Transportation Safety Board recommendations. The NTSB recently urged all 50 states to lower…
Read More5 Dumb Moves to Avoid When You’re Facing Criminal Charges in NYC
From the moment you are arrested and charged with a crime, your position becomes precarious. Even small missteps can weaken your chances of making it through this event without serious, life-changing consequences. Education is the best defense. Memorize these points, even if you’re not being accused of a crime right now. And if you have…
Read More5 Common Types of Welfare Fraud
Welfare fraud is a serious crime. It’s a form of theft that can keep people from getting the help they need when they truly need it. It also involves a great deal of bureaucracy, which means if you fail to understand the requirements of your program you may end up committing fraud by accident. And…
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