Consequences of a Sex Crime Conviction
Sex crime allegations have the potential to change a person’s life forever. There is a major social stigma attached to a “sex offender” which may extend far beyond any term of imprisonment or any other penalties a person convicted of a sex crime will have to endure. You will need immediate legal counsel to advise you of strategies for avoiding a conviction. By involving a lawyer early enough, you may even be able to avoid formal charges altogether and keep this sensitive matter as quiet as possible.
Types of Sexual Offenses
Sex crimes include:
• Sexual misconduct
• Criminal sexual act
• Forcible touching
• Persistent sexual abuse
• Sexual abuse
• Aggravated sexual abuse
• sexual conduct against a child
Fighting False Allegations
It is an unfortunate truth that some accusations of the most heinous sex crimes are entirely false. An alleged victim may invent a story of abuse or rape for reasons of jealousy, anger or revenge. A parent may make accusations of child molestation because of a simple misunderstanding, out of a deep mistrust of others or in order to obtain child custody in a divorce. It is your lawyer’s job to ensure you are not convicted on false allegations. By challenging the prosecution’s case, scrutinizing alleged evidence and subjecting any witness to fierce cross examination, a talented lawyer can work to secure the best possible outcome for your case.
Consequences of a Violent Crime Conviction
Violent crimes charges are a serious matter. They often result in extensive terms of imprisonment and a lifetime criminal record. A tenacious and aggressive lawyer can work to build a compelling case that challenges the prosecution’s evidence and which may result in a “not guilty” verdict.
About Violent Crimes
Violent crimes are those offenses, which are committed against another person, causing injury or involving threats of harm. Some criminal offenses classified as violent crime are assault, menacing, robbery, and rape, The penalties for violent crimes in New York vary depending on the specific offense as well as the defendant’s past criminal history. Sentencing guidelines for repeat felony offenders and persistent felons are particularly stringent in this state.
A Criminal Attorney Who Fights for you
There are many ways to approach the defense of a violent crime charge. One of the first questions to ask is whether it can be demonstrated that you were acting in self-defense and were actually the victim of a violent crime. Similarly, it may be possible to avoid a conviction by raising questions about whether you may have been falsely accused or even mistakenly identified as the perpetrator. You cannot legally be convicted until proven guilty beyond a reasonable doubt, so your defense lawyer can assist you by placing the burden of proof squarely on the prosecutor and working to raise questions about the evidence.
Criminal Homicide Charges in New York
Criminal charges of murder or manslaughter are potentially the most serious that a defendant may face. In the face of criminal homicide allegations, it is crucial that you exercise your right to legal counsel as soon as possible. Only with proper legal representation by a highly experienced and dedicated violent crime lawyer do you have the opportunity of avoiding maximum penalties or perhaps even preventing a conviction altogether.
Murder and manslaughter are both forms of criminal homicide. Criminal homicide occurs when a person unlawfully takes the life of another person. Criminal homicide may stem from negligence or intentional wrongdoing. For example, a drunk driver who causes an auto accident may be charged with vehicular manslaughter if his or her actions lead to the death of another driver, passenger, or pedestrian. A person who intentionally assaults another with a deadly weapon and / or with the intention takeoff taking their life will likely face attempted murder charges.
For example, an act committed in self-defense would not be murder. The incident may have been entirely accidental, or you may have been framed or wrongfully accused. A thorough investigation may uncover evidence of wrongful charges in this way.
Understanding Assault Charges
New York state law includes a number of separate statutes concerning the crime of assault, but the most common – which is typically referred to as a simple assault – is assault in the third degree. The crime consists of intentionally causing injury to another person, though it may also be charged in cases of injury caused through recklessness or through criminal negligence in using a deadly weapon or dangerous instrument. Simple assault is a Class A misdemeanor, with a maximum sentence of one year in jail. The charge, and the subsequent penalty, can be increased based on aggravating circumstances such as if the victim is a child or a police officer, if the victim suffers serious injury or if the perpetrator uses a deadly weapon in the commission of the crime. The most serious assault offense is a Class B felony, punishable by a minimum sentence of one year and a maximum of nine years in prison.
The unfortunate fact about assault cases is that the police officers who arrive at the scene of the crime will frequently arrest the wrong person. For example, they will typically assume that the person who has the more serious injuries is the victim, which simply may not be the case. If the actual perpetrator and his or her friend both accuse the victim, they may arrest the victim. If they show up while a fight is in progress, they may have a tendency to arrest the person who appears to be the aggressor, whether or not the other person was the one who actually started the fight. When men and women are involved, the police will often default to arresting the man. There are many possible scenarios, but the bottom line is that the defendant in an assault case is often wrongfully accused.
Drug Crime Lawyer
Drug offenses are those crimes that involve controlled substances. Criminal possession of a controlled substance and criminal possession of marijuana are among the most common drug crimes in New York. State and federal law prohibit the possession, manufacturing, cultivation, distribution, sale, and trafficking of street drugs and prescription drugs. If you have been arrested for a drug crime, it is crucial that you consult with a lawyer as soon as possible. You may be at risk of facing a misdemeanor or felony conviction, and it is likely that your penalties will be enhanced and the outcome of your case negatively affected if you wait too long to hire a highly experienced drug crime attorney who will aggressively protect your rights.
Your case may seem rather hopeless. Law enforcement may have discovered drugs on your person, in your car or on your property. You may feel that you were “caught in the act.”
As an example, law enforcement may have conducted a search and discovered illegal narcotics. What if they did not have a valid search warrant for this or did not have probable cause? A lawyer may be able to have your case dismissed after a suppression hearing designed to protect your constitutional rights against warrantless search and seizure.
Learn About Drug Classifications from an Experienced Criminal Attorney
There are five schedules of controlled substances: Schedule I, II, III, IV and V as established by the Controlled Substance Act. How the schedules work are as follows:
• Schedule I drugs are those that have a high potential for abuse, that are not currently accepted for medical use in the United States, and that have a lack of accepted safety for use of the drug or other substance under medical supervision. (Heroin)
• Schedule II drugs are those that have a high potential for abuse, that are currently accepted for medical use in the United States or are currently accepted with severe restrictions and which, if abused, may lead to severe psychological or physical dependence. (Cocaine or Methadone)
• Schedule III drugs are those that have a potential for abuse less than drugs under Schedule I or II, are currently accepted for medical use in the United States and abuse of these drugs may lead to moderate or low physical dependence or high psychological dependence. (Amphetamine)
• Schedule IV drugs are those that have a low potential for abuse compared to drugs under Schedule III, they are currently accepted for medical use in the United States and abuse of the drug may lead to limited physical or psychological dependence compared to substances under Schedule III. (Barbital)
• Schedule V drugs are those that have a low potential for abuse compared to substances under Schedule IV, they are currently accepted for medical use in the United States and abuse of the drug may lead to limited physical dependence or psychological dependence compared to substances under Schedule IV:
• Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams
• Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams
• Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams
• Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit
• Not more than 100 milligrams of opium per 100 milliliters or per 100 grams
For a complete list of controlled substances and their Schedules, click here. [Include this link] Why do Schedules matter? Besides the quantity of the drug you carried, distributed or trafficked, the factor, which determines the penalties you face the most, is what Schedule the drug belongs to. While distributing anabolic steroids (Schedule III) is a serious offense, you would not face nearly as harsh penalties for this offense as if you had distributed Ecstasy or LSD (Schedule I drugs).
Types of Controlled Substances Offenses
We can provide you with hard-hitting legal defense regardless of the Controlled Substance you are accused of possessing, cultivating, distributing or trafficking. He has experience handling a variety of charges, which include:
• Criminal possession of a controlled substance
• Use of a child to commit a controlled substance offense
• Criminal sale of a controlled substance
• Criminally possessing a hypodermic instrument
• Criminal injection of a narcotic drug
• Criminal sale of a controlled substance to a child
• Criminally using drug paraphernalia
• Criminal possession of precursors of a controlled substance
• Criminal sale of a prescription for a controlled substance
New York Laws Relating to Marijuana Offenses
Currently, first-time offenders who are found to be carrying less than 25 grams of marijuana on their person – slightly less than an ounce – will be issued a non-criminal violation ticket. Someone who openly displays a small amount of marijuana will be arrested on a misdemeanor charge.
Typically, the district attorney’s office is more flexible with marijuana offense negotiations. Nonetheless, these facts should by no means convince you that marijuana offenses are “no big deal” or will not be treated seriously. If you were in possession of a large amount of marijuana, sold a large amount of marijuana or were near school or government property, you could still be in severe trouble. This includes Unlawful possession of marijuana, criminal possession of marijuana, and criminal sale of marijuana offenses are often more complicated than they might seem initially. While possession of marijuana is the least severe charge an individual can face, it can be easy to assume that you will be charged with possession when you actually distributed marijuana to a friend, and could thus face harsher charges and penalties.
Penalties for Marijuana Offenses
If you are facing any of these charges, what kinds of penalties are you looking at? In New York, you can anticipate the following penalties for these marijuana offenses:
• Possessing 25 grams or less (first offense): civil citation, $100
• Possessing 25 grams or less (second offense): civil citation, $200
• Possessing 25 grams to 2 ounces: Class A misdemeanor, 3 months in prison and a $500 fine
• Possessing 2 – 8 ounces: misdemeanor, 1 year in prison, $1,000 fine
• Possessing 8 – 16 ounces: Class E felony, 12 to 18 months in prison, $5,000 fine
• Possessing 16 ounces – 10 pounds: Class D felony, 1 to 2.5 years in prison, $5,000 fine
• Possessing over 10 pounds: Class C felony, 1 to 5.5 years in prison, $5,000 fine
• Cultivating 2 ounces or less (gift): Class B misdemeanor, 3 months in prison and / or$500 fine
• Cultivating 24 grams (sale): Class A misdemeanor, 1 year in prison and / or fine, $1,000 fine
• Cultivating 24 grams to 4 ounces: Class E felony, 1 to 4 years in prison, $5,000 fine
• Cultivating 4 to 16 ounces: Class D felony, probation for 1 to 5 years if no prior felony, $5,000 fine
• Cultivating 16 ounces to 10 pounds: Class C felony, 4 to 7 years in prison, $5,000 fine
• Cultivating 10 pounds or more: Class C felony, 6 to 15 years in prison
Giving / Selling
• Sale to a minor: Class D felony, 1 to 7 years in prison, $5,000 fine
• Giving / selling 25 grams to 4 ounces: 12 to 18 months in prison, $5,000 fine
• Giving / selling 4 to 16 ounces: 1 to 2.5 years in prison, $5,000 fine
• Giving / selling over 16 ounces: 1 to 5.5 years in prison, $5,000 fine
• Possession of a dirty water pipe or an object that has only drug related uses is a misdemeanor with a penalty up to 1 year in jail
Every scenario and every offender is different, and this background information can greatly affect the outcome of your case. If you were only charged with first-time unlawful possession of marijuana, there is a chance your case will be dismissed after it is heard in court. On the other hand, if you have a prior criminal record, your charges, and thus the penalties you face, could be increased.
At other times, a perpetrator was merely confused about the requirements of the law and not aware they were engaging in any illegal activities. New York has not legalized medical marijuana yet, so even if you have a doctor’s permission from another state where it is legal, crossing state lines with the marijuana in your possession would be deemed illegal. Because every defendant is different and every case is different, you deserve a personalized approach and a personalized defense.
Understanding your Legal Options
Have you been arrested and charged with a criminal offense such as drug abuse? There are many different types of drug offenses that could result in criminal charges, and it is important to understand that, without the proper representation, you could face some severe penalties upon conviction. If you are facing charges for a drug crime such as possession for personal use, then it is important to understand that you may be eligible for the New York judicial diversion program. This is a program for felony offenders who face non-violent charges and suffer from drug or alcohol abuse.
The program is designed to help rehabilitate drug and alcohol abusers through a treatment plan as an alternative to jail or prison time. This program will include a treatment program as well as regular court appearances and supervision by a judge to ensure that you are making progress. The sooner you retain representation, the more time you will have to build a strong defense and case for rehabilitation instead of jail time.
About Theft Crimes
State law in New York includes a number of different theft crimes, and the penalties for each depend on factors including:
• The value of stolen goods
• Whether the perpetrator is accused of using a weapon, physical force or threats of violence in the commission of the act
• The specific type of property which was stolen
• The location where the crime occurred
For example, a burglary charge can be increased from the third degree to the second degree in cases where the perpetrator was carrying a deadly weapon. Similarly, a larceny offense such as shoplifting will normally be charged as petit larceny (petty larceny), but may be increased to grand larceny in the fourth degree if the stolen goods are valued at more than $1,000.
Theft Crime Attorney
Larceny crimes range from relatively minor to extremely serious criminal offenses, and are related to misappropriating or stealing another’s property or money. Depending on the case, a larceny crime may also be classified as a violent crime or may be considered an economic or white collar crime. The manner in which the offense is carried out as well as the value of the property involved will affect the severity and type of criminal charges that one may face. These crimes range from petit larceny (petty larceny) to grand larceny in the first degree, along with many types of fraud and theft of services.
Larceny and New York State Law
New York state law outlines larceny offenses as well as the penalties you can expect in the event that you are convicted. Don’t settle for a conviction, however, when you can aggressively combat your charges. charges including:
• Armed robbery
• Petit larceny (also known as petty larceny)
• Grand larceny
• Unauthorized use of a motor vehicle
• Theft of services
• Identity theft
Even if law enforcement has compiled an extensive amount of evidence against you (stolen property, video surveillance, etc.) there are still ways that a competent lawyer can work to defend you against a theft conviction. At times, law enforcement errors and violations of the suspect’s rights may be uncovered by a highly trained lawyer, and this can make all the difference in your case.
Information About Juvenile Crimes
Juvenile law is an area of practice that deals with minors who have committed criminal offenses. Beginning at age seven, a child can be prosecuted for criminal behavior in New York. A child can be categorized as a juvenile delinquent, juvenile offender, or youthful offender.
In New York, a juvenile delinquent is someone “over 7 and less than 16 years of age, who, having committed an act that would constitute a crime if committed by an adult, is not criminally responsible for such conduct by reason of infancy, or is the defendant in an action ordered removed from a criminal court to the family court.” Juvenile crimes often involve underage drinking, drugs, criminal mischief and violations of probation.
Why You Need Criminal Attorney
After your child has been charged with a juvenile crime, a prosecuting attorney will present the case in family court. The prosecutor will prepare a petition against the child describing the acts he or she is accused of committing. The child will have to attend several hearings, such as a fact-finding hearing and a dispositional hearing. This can be a frightening and difficult time for both children and parents. Parents fear for the future and livelihood of their child, while the youth is subjected to the stress and shame of being involved in the justice system and given labels such as offender and delinquent. Hiring a competent juvenile crime lawyer is a wise move for several reasons, including:
• To uphold your child’s and your family’s rights
• To shield the child as much as possible
• To answer any of your questions and assuage your fears
• To make sure you fill out all the necessary paperwork and attend all the meetings
• To investigate the case and look for any information that could exonerate your child
If your child has been arrested or accused of any criminal offense, it is crucial that you consult a juvenile crime lawyer as soon as possible. A conviction at this age may result in lost opportunities for education and employment, potentially affecting your child’s entire future. Just as in the criminal justice system for adults, a minor has certain rights that should be protected, and this is best done with the help of a highly experienced lawyer, who can at minimum advocate that your child be given youthful offender status, which is discretionary in New York for children under 19 years of age.
The Driver’s License Point System in New York
Under New York state law, numerical points are assigned to each type of traffic violation. Every time a driver is cited for a traffic infraction, the New York Department of Motor Vehicles (DMV) assigns the appropriate number of points to the individual’s driving record. A driver is only allowed to accumulate 11 points within an 18-month period before the DMV will move to suspend the driver’s license. The point values for each traffic violation are as follows:
• Speeding up to 10 mph: 3 points
• Speeding up to 20 mph: 4 points
• Speeding up to 30 mph: 6 points
• Speeding up to 40 mph: 8 points
• Speeding more than 40 mph: 11 points
• Passing improperly or unsafe lane change: 3 points
• Red light or stop sign violation: 3 points
• Failure to yield right-of-way: 3 points
• Seat belt violation: 3 points
• Following too closely: 4 points
• Reckless driving: 5 points
The DMV may also move to suspend a driver’s license based on circumstances other than excessive points, such as for accumulating three speeding violations within 18 months.
Not only will a traffic ticket conviction cost you the price of the fine on the citation, it will also most likely result in steep increases in the rates you pay for insurance. The DMV will report the conviction to your insurance company, and they will in all probability raise your premiums based on the fact that you now appear to be more at risk of causing or being involved in a collision. Paying your traffic ticket instead of fighting it could end up costing you thousands of dollars.