NYC Criminal Defense Lawyer

On June 23,1972, Richard Nixon signed an education bill that would change millions of people’s lives forever. On that day, Title IX was enacted as part of the Education Amendments – prohibiting sex-based discrimination in any school or education program that receives federal financial assistance. At the time, this cast a spotlight on college and university sporting programs, forcing equal funding for men’s and women’s sports. Today though, this law has been expanded, and now protects people against sexual harassment, sexual violence, and sex discrimination. While this law and its interpretations have offered opportunities and protections for people who previously had gone without, it can be argued that Title IX administrators and investigators often operate without considering the fundamental legal rights of everyone involved. In this blog, we’ll explore what Title IX is, how interpretations of the law continue to change, and what these changes mean for educational institutions and…

Taking responsibility for the care of a child comes with the expectation that they’ll be kept safe from any unreasonably dangerous situations. Failure to do so can result in arrest, and a charge of endangering the welfare of a child – an allegation that is taken very seriously in the state of New York.  In New York state there are special laws designed to protect children due to their vulnerable status, much like the protections afforded to a vulnerable elderly person. Any individual aged seventeen or younger is legally considered a child, and the state aggressively prosecutes people that are thought to have put children in harm’s way. As the statute around this crime is so broadly worded it is not uncommon for innocent behavior to be misinterpreted by overzealous police and prosecutors – resulting in a blameless individual facing a serious legal battle. If you or a family member…

Using someone’s vehicle without their permission is a crime under New York theft law. While it may not be as serious as a charge of grand larceny, it still carries with it the potential of jail time and a hefty financial penalty. To legally operate another person’s vehicle, consent or permission must be obtained from the owner. Something as straightforward as asking a friend to borrow their truck for a week, but taking two weeks to return it could see charges being brought against you for unauthorized use of a vehicle. Here, we’ll examine the law behind a charge of unauthorized use of a vehicle, possible punishments, and potential defense strategies should you or a family member face this charge. What is unauthorized use of a vehicle? New York Penal Law 165.05 – often termed the “joyriding statute” – defines three distinct ways an individual can commit unauthorized use of…

In New York, any crime relating to forgery is taken seriously. You might be under the impression that adjusting a parking permit or altering details on a MetroCard are insignificant crimes – but even these low-level forgery offenses can potentially carry a jail sentence. Here, we’ll explore criminal possession of a forged instrument crimes in more detail – looking at some examples of how the law is applied, the kind of punishments that can be handed down, which defense strategies might apply, and what your next steps should be if you’re facing this kind of charge. What is criminal possession of a forged instrument? Criminal possession of a forged instrument is covered by Article 170 of the New York Penal Law – Forgery and Related Offenses. The wording of the law is a little different depending on the severity of the charge you’re facing, but the core message is the…

After your arraignment. the criminal justice process will often slow down. Court dates can often be months into the future – and during that time, you may be released on bail. One of the conditions of your bail will be a requirement to appear in court on a certain date. If you fail to show up, you could face a bail jumping charge. There have been some recent changes to bail jumping laws in New York, so, if you’re due to appear and think something might stand in your way, it’s important to understand bail jumping charges and what the law says about missing your court date. What does NY law say about bail jumping? The law surrounding bail jumping charges changed in April 2020 – and these changes came into force on July 2, 2020. The information here reflects these changes. All bail jumping laws are grouped under Part…

Though it may be the least severe felony charge that an individual can receive under New York state penal law, it is nonetheless a serious conviction that can have a major, irreversible impact on your life. Here, we’ll help you to understand what a Class E felony is, how it differs from a misdemeanor or a more serious felony charge, some examples of Class E felonies, and the kind of sentence you can expect to receive if convicted.. Felony Classes There are a total of five felony classes: Class A felony, Class B felony, Class C felony, Class D felony, and Class E felony, with A being the most serious (potentially leading to life imprisonment) and E being the least. However, this does not mean that a Class E felony charge should be taken at all lightly – New York State penal code describes a Class E felony as ‘an…

If you have ever been charged with a criminal offense in New York, you’ll want to know whether a warrant exists for your arrest so that you can decide on the right course of legal action. However, you may be unclear as to how you find this information, and what it actually means to have an arrest warrant. Here, we’ll go through what an arrest warrant is, why a judge may give you one, the consequences of ignoring an arrest warrant, and how you can find out for yourself whether you have one or not. Arrest Warrant vs Bench Warrant Before we go further into the details of arrest warrants and how they’re given, it’s important to establish the difference between an outstanding arrest warrant and an outstanding bench warrant, as bench warrants are issued for different reasons often unrelated to committing a crime. An arrest warrant is an order…

Public indecency crimes might not carry the same custodial penalties as violent crimes – but as sex crimes, they can lead to similar, and sometimes more serious, implications for your criminal record and future life. Here, we’ll explain public indecency laws in more detail, including – the full scope of lewdness, exposure, offensive sexual material, and intimate image laws. We’ll also look at the kind of sentences that can be handed down for these offenses – as well as some defenses that New York criminal lawyers may explore. In addition, we will discuss why it’s important to work with an experienced New York criminal defense attorney if you’re facing these kinds of charges. New York Penal Law: Offenses Against Public Sensibilities Public indecency laws come under New York penal law 245.00: Offenses Against Public Sensibilities. This section of the law includes: Public lewdness Exposure of a person Promoting the exposure…

Reform of cannabis laws here in NYC have seen some criminal possession charges drop significantly – but low-level drug possession tickets and charges haven’t disappeared completely. If you’re caught with a small or trace amount of a narcotic drug like heroin, crack, cocaine or MDMA, there’s a chance you’ll face a charge of Criminal Possession of a Controlled Substance in the Seventh Degree. Here, we’ll explain the law behind this kind of charge, some situations that might lead to criminal possession of a controlled substance charge, and possible sentences that can be handed down as a result. When would a charge of criminal possession of a controlled substance in the seventh degree apply? A seventh-degree charge of possession of a controlled substance will apply if you are found to have a small amount of drugs on your person or property. What’s considered a ‘small amount’ will vary depending on the…

Whether you’re just generally curious about what’s involved or suspect you might be facing imminent arrest, it’s useful to understand the New York City and wider New York County arrest process. Here,we’ll walk you through what to expect, how long you’ll potentially be held at a police station, and at what stage you should be asking to speak to your lawyer. Remember, knowledge is power – and although the NYPD are supposed to play by the rules, it’s better to use your attorney/client relationship as your source of information, rather than relying on the officers that process you. What is ‘the arrest process’? The period between officers arresting you and your arraignment (the formal reading of your charges and the time when you enter a plea) is generally known as ‘the arrest process’. It’s a process you’ve seen play out thousands of times in movies and TV shows – but…

In short, you can be charged with arson if you create a fire or explosion that causes property damage, whether it was accidental or intentional. However, there are several different degrees of this crime that are largely dependent on the value of the property and whether anyone was harmed in the process. This means that arson can carry some of the most serious penalties you can think of and definitely requires the advice of a criminal defense lawyer from a reputable law firm. Here, we’ll go over the different arson charges within New York City law, as well as the sentences they carry and the defenses that can be used if applicable. New York Penal Law – Defining Degrees of Arson Article 150 of New York Penal Law states that arson involves causing damage to a building or motor vehicle via a fire or explosion. The different charges of arson…

The COVID-19 pandemic has created an unprecedented number of legal issues for lawmakers to contend with. As the nation’s vaccine program continues to roll out, one of the most recent of these issues relates to the forging of vaccine cards and so-called ‘vaccine passports’. Although there is talk of new laws that will be passed to counter some of the challenges COVID has brought to the nation, the FBI has made it clear that existing laws are being broken if vaccination paperwork is fraudulently created or used. With access to social media websites and less than five minutes of your time, you can almost certainly find someone selling fake vaccine cards or providing blank vaccination record cards. These fake cards are extremely convincing – they’re often perfect copies, complete with legitimate-looking vaccine batch numbers and the CDC (Centers for Disease Control and Prevention) seal. Interestingly, it’s the CDC official government…

Although someone unlawfully taking money, cars, or other high value physical items is usually brought to mind when we hear about a person committing a theft, theft of services is another common form of stealing that doesn’t necessarily involve the taking of  physical property. Instead, it means utilizing a service and failing to properly compensate the individual or company who provided the service. While many assume that theft of services is a minor crime, it can carry some major penalties, and have an enormous impact on your life. Here, we’ll go over what theft of services means under New York Penal Law, what it can look like, and how those charged with this crime can potentially defend themselves against it. New York Penal Law – Defining Theft of Services The New York Penal Law §165.15 states that theft of services occurs if you: Obtain services, or attempt to obtain a…

Any kind of assault against a police officer is considered a violent felony, with probation not being an option, and it can land you in prison from two years to a life sentence. Although all types of assault are taken seriously in a court of law, assaults against police officers are seen as particularly egregious – the court likely won’t be in your favour, and you are likely to face years in prison. What counts as assault on a police officer or law enforcement officer? Assault on a police officer is defined in New York Penal Law Article 120.08 as causing a police officer, peace officer, fireman, or emergency services professional serious physical injury with the intent of preventing them from performing their lawful duty. A serious injury is defined as causing death, causing near death, causing impairment of health or protracted disfigurement, or causing the loss of a bodily…

Despite being one of the most commonly committed ‘White Collar’ crimes in New York City, many people don’t fully understand what grand larceny is – or the ramifications for committing this crime in any degree. Here, we’ll define the different degrees of grand larceny, provide some examples of what could be considered larceny in New York, and go over the penalties of committing each crime. How does New York State law define grand larceny? Although definitions vary somewhat from state to state, grand larceny is defined under New York Penal Law Article 155 as wrongfully taking, withholding, or obtaining property from its rightful owner, with the aim to either take the property for themselves or someone else or to deprive the rightful owner of said property. The felony classification of each degree of grand larceny ranges from a class E to a class B felony, and is largely dependent on…

‘Unlawful Surveillance’ is the term used when someone intentionally uses or installs an imaging device to ‘surreptitiously’ view, broadcast or record a person dressing, undressing, or engaging in sexual or other intimate conduct without such person’s knowledge and when they would otherwise have a reasonable expectation of privacy. Unlawful surveillance charges are a relatively new area of New York law. In fact, until a precedent-setting case in 2001, the act of viewing or recording someone intimately for amusement, entertainment, or profit could only be charged under state trespass laws. Today though, this has changed. With virtually everyone carrying high-quality photo and video recording equipment in their cell phones – and the cost of high-tech surveillance equipment lower than ever, it’s useful to understand what unlawful surveillance is and what kind of acts can lead to charges under NY law. Where do unlawful surveillance laws come from? 2003: Stephanie’s Law Although…

‘Affinity fraud’ is the term used when an individual or organization uses their standing in a group to encourage victims to buy into a fraudulent investment scheme. In times of economic instability, the number of affinity fraud cases generally goes up dramatically – as do convictions – so it’s useful to understand what this type of crime involves, the kinds of people often targeted, and the penalties that the state hands down when perpetrators are convicted. How does affinity fraud work? Affinity fraud is usually built around a fraudulent investment scheme. However, affinity fraud differs from other investment scams because of the way new investors are brought on board. An affinity fraudster will work to enlist respected community members – such as religious leaders, church members, or senior members of professional groups. By getting a backing from these people, their ‘investment opportunity’ gains credibility and word about the scheme spreads…

 When you go on record with New York law enforcement – even for something that feels like a very minor incident – your words will be very carefully scrutinized. If something you say in a police report is found to be false, you could face serious charges. Falsely reporting an incident is a crime, and depending on why someone lies, it’s an issue that could lead to further charges.  Here, we’ll look at the law that surrounds falsely reporting an incident, the potential consequences you could face, and why it’s essential that you work with an experienced defense attorney if you’ve been charged with this type of crime. First amendment rights You probably don’t need reminding that your First Amendment rights entitle you to free speech – but falsely reporting a crime is actually one of the few types of speech that is not protected by the US Constitution.  Sections…