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What You Should Know About New York Laws on Weapons Possession

Posted on January 13, 2021 in Criminal Defense

Weapons possession, including possession of firearms and possession of explosives/bombs, is a very serious crime, especially in New York state and even more so in New York City. But there are varying degrees of weapons possession charges, each with greater or lesser severity in penalties. However, relative to many other states and cities, both New York and NYC have attempted over the years to prevent any attempts at possessing weapons unlawfully or with an intent to hurt people or destroy property by legislating, policing, and prosecuting according to strict weapons possession laws.

5 Weapons Possession Facts in New York

From specific NYC laws about long guns to inconsistencies in weapons possession jail sentencing throughout all the boroughs, there are many things that you might not know about these charges. Here are five facts about weapons possession that are little known by most civilians:

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What Is “Menacing” and How Serious of an Offense Is It in New York?

Posted on January 06, 2021 in Criminal Defense

New York criminal defense attorney menacing

If you assault someone, you intentionally cause serious injury to that person. However, if you do not cause any injury to him or her but do somehow threaten serious injury, you might be committing any number of other offenses, such as attempted assault, harassment, or menacing. Menacing, in particular, is much more serious than you might think, as it does carry serious implications and consequences. Below is an overview of menacing as it pertains to New York domestic violence and criminal laws.

Menacing: Definitions, Degrees, and Class Penalties

By New York law, menacing involves using physical “menace” or intimidation to put another person or attempt to put another person, in fear of death or serious physical injury. There are essentially four types of menacing charges in New York:

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What Is the Definition of a Repeat DWI Offender Per New York Law?

Posted on December 28, 2020 in DWI

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With the winter holidays here, even during a pandemic, it can be tempting to celebrate the new year with one-too-many alcoholic drinks. Despite these extenuating circumstances, law enforcement will be particularly vigilant about pulling over anyone they suspect of driving while intoxicated (DWI). And if you have already been convicted of that or a related crime, you could face even harsher penalties as a repeat DWI offender. For instance, a second DWI conviction alone is classified as a Class E felony, which means you could face between one and four years in jail and steep fines in addition to license revocation and other disciplinary measures. The penalties only get worse from there if you end up charged with a third DWI or other multiple DWIs after previous similar convictions. As such, there are a few very important things to understand about repeat DWI offenses this holiday season.

What Makes You a Repeat DWI Offender According to New York Law?

By New York law, a repeat DWI offender, at least after the first or second conviction, is any person who has been convicted of an alcohol-related driving crime or other serious driving offense within the last 10 years. This means that the definition of a prior related conviction is much more expansive here, enabling more than just a traditional DWI conviction to count toward that requirement. For instance, all the following convictions are considered serious driving offenses, which could mean that a misdemeanor first-time DWI charge might actually be a repeat offense, elevating it to a felony:

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What Is the Difference Between Larceny and Robbery in New York?

Posted on December 23, 2020 in Criminal Defense

New York criminal defense attorney theft

As with most criminal defense cases, it can be difficult to know the differences between the types of offenses you are being charged with. Even more difficult still are the subtle differences between the degrees of these offenses. Two such offenses that involve theft are larceny and robbery. Here is a closer look at how New York law defines each and what sets them apart from each other.

Larceny: Defined

According to New York law, larceny is defined as any of the following:

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Why Being Charged with a Sex Crime Is a Serious Offense in New York

Posted on December 14, 2020 in Sex Crimes

New York criminal defense attorney sex crimes

If you find yourself accused of rape, sexual assault, date rape, or any other number of sex crimes, you should know that the consequences of the allegations alone can be devastating. While a conviction itself can lead to harsh penalties, a mere allegation has equally detrimental effects on your life. Below is an overview of the penalties and other consequences of being charged or convicted of a sex crime in the state of New York.

New York Sex Crime Laws

Sex crimes are serious offenses, and the penalties that come with their convictions are also quite serious as well. For instance, rape in the third degree is considered a class E felony, carrying with it a fixed term of 1-4 years in prison for sexual intercourse with a victim age 17 or older who did not express consent. Predatory assault in which rape in the first degree is determined with at least one of the following factors: physical injury to the victim, the use or threat of a weapon, multiple victims, or with prior felony sex crimes convictions. This is considered a class A-II felony and can lead to life in prison.

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What You Need to Know About Orders of Protection in New York

Posted on December 02, 2020 in Domestic Violence

New York criminal defense attorney order of protection

If you are accused of harassment or stalking in the state of New York, you could be facing serious penalties if convicted of these crimes. In addition, you might eventually be faced with an order of protection if you have not already received one. Orders of protection, often called restraining orders, are very common with domestic violence cases in particular. When dealing with these orders, it is useful to know how New York law defines an order of protection and tips for how you can handle such orders so that you do not unknowingly violate them and face further criminal charges.

Order of Protection: Defined

An order of protection (OOP), also known as a temporary order of protection (TOP), is meant to secure the safety of victims of domestic violence, stalking, and harassment; however, sometimes they can also be used in a manipulative manner during particularly heated child custody disputes and divorces. Whatever the cause of such an order being issued, it is important to understand what it is and how to respond to it properly.

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4 Tips for Handling a Civil Service Investigative Interview

Posted on November 30, 2020 in Civil Service Employees

New York civil service job defense attorney

If you or a co-worker are faced with civil service disciplinary charges, then you might be summoned to attend a civil service investigative interview. Whether you have something to do with the disciplinary charges being alleged or you have absolutely nothing to do with those charges, you may want to think carefully about the general process and what you can do to make sure you do not move from being a witness to a primary likely target of such an investigation.

How to Act in a Civil Service Investigative Interview

Unlike with public or private companies, careers in civil service tend to be placed under much greater scrutiny in terms of following the laws and guidelines set forth by both the local authorities and the employer itself. That is why civil service employee discipline defense is such a challenging and complex legal field. And it only gets more challenging and complex when faced with a civil service investigative interview.

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How the Public Health Crisis Has Made Labor Unions Even More Vital

Posted on November 29, 2020 in Civil Service Employees

New York civil service employment defense attorney

To the untrained eye, imperceptions of socioeconomic conflict and the need for adaptations in order to accommodate survival and eventual prosperity might make it seem as if the COVID-19 pandemic has been nothing more than an inconvenience. However, the reality is that this public health crisis has forced our communities, our country, and even our entire world to look at social and economic issues in an entirely new way with a special focus on improvements, especially with regards to labor. From labor conditions, wages, and unemployment rates to healthcare and housing, there is nothing that this pandemic has not touched in some way. In that sense, people organizing to achieve a greater good in these turbulent times is critical, be it through something as massive as social justice movements or something as simple as labor union memberships. Keeping this in mind, here is a look at how the pandemic has made labor unions more proactive and more willing to pursue labor arbitration, collective bargaining, and other civil litigation.

New York Is Still Alive—and So Are Labor Unions

With the latest news from Governor Cuomo requiring all bars and restaurants to close up shop early and Mayor Bill de Blasio in NYC warning of further restrictions as a result of the pandemic, more block-by-block lockdowns could be on the horizon. As the state of New York—and even the entire country—braces itself for yet another major wave of the pandemic, with infections and deaths already spiking every day, we are seeing more and more of the ever-present iniquities in our society that we have not seen so clearly before. No organizations know such things better than labor unions, many of whom have been actively fighting for improvements in their work lives for decades.

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How Is Deprivation of Rights Under Color of Law Defended?

Posted on November 18, 2020 in Criminal Defense

New York federal criminal defense attorney

Of all the federal crimes that could be committed, from insider trading and tax evasion to a host of other fraud crimes, deprivation of constitutional rights under the color of law is slightly different by virtue of the power dynamics at play. In many cases, deprivation of constitutional rights is perpetrated by police, corrections officers, or other representatives of the law, including judges. In that sense, it can be trickier to defend, and the following shows why.

What Is Deprivation of Constitutional Rights Under Color of Law?

To comprehend this particular criminal activity, you must first understand what is meant by “color of law.” Essentially, “color of law” means the crime was committed by someone under the guise of law enforcement or, per the Constitution, “acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.” As the United States Department of Justice puts it, “color of law” implies acts done by:

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Bill to Protect NY State Workers from COVID-Related Absence Penalties

Posted on November 11, 2020 in Civil Service Employees

New York civil service job defense attorney

If you work for any of New York’s correctional facilities—and especially if you are a member of the Correctional Officers’ Benevolent Association (COBA) of New York—you might already know about the latest bill up for consideration in the New York State Legislature. The bill is meant to expand on Governor Cuomo’s COVID-19 protections for people who must be absent from work due to having to quarantine or needing to recover from the virus. However, this bill will not just be helpful and relevant to COBA NYC—all New York civil service employees can benefit from it.

Chronic Absences by the Numbers

The bill’s creation took root in complaints from correctional officers about being deemed “chronically absent” by the correctional facilities for having excessive absences due to being ill from COVID-19. While the Governor’s protections allowed for employees to miss work due to COVID-19, they did not extend to the correctional facilities’ rules about “chronic absences.” As a result, the following occurred:

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What Happens If the 2020 Election Is Contested on or After November 3?

Posted on October 29, 2020 in New York City lawyer

New York civil litigation attorney

In less than a week, election day in the United States of America will be here. But odds are Americans across the nation might not know the official outcome immediately on November 3 when they go to sleep; in fact, the official results might not be known for days, weeks, maybe even a month later. That is due to an anticipated influx of absentee and vote-by-mail ballots expected to arrive at the last minute. And, of course, there are also the seeds of doubt planted in some voters’ minds about the legitimacy of certain voting methods, from which has sprouted hundreds of lawsuits still in process. Regardless, early voting is at an all-time high in October, with the number of ballots cast at nearly 68 million seven days before the election, shattering prior records for early voting. People are attending their local voting booths in droves to make sure their votes count – but what happens if the election is contested?

Electoral Process Timeline

First, here is a look at the electoral process timeline in the United States. These are some important dates to keep in mind as the election draws nearer:

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What Is Being Done to Ensure Your Vote Counts in This Election?

Posted on October 22, 2020 in Civil Service Employees

Manhattan civil service job defense attorney

With talk of voting fraud, voter suppression, and shrinking poll locations, it can be easy to feel discouraged about how protected your vote actually is. But the truth is that many people, including those in the government and at the polling places, are doing their best to ensure a safe, effective, and secure election in this age of the COVID-19 pandemic. Here are some of the most significant ways people are working to protect your voting rights and help your vote get counted toward a fair election.

7 Ways Your Vote Will Be Counted, Protected, and Safeguarded

As the 2020 Election Day fast approaches, citizens are casting their votes in droves across the nation thanks to a wide variety of options to help them vote during the pandemic. But how can voters be sure their votes will be counted properly and fairly? What precautions are being taken to ensure a safe, secure, and fair election takes place? Here are seven of those ways people are making sure your vote counts this year:

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What Issues Are Up for Debate in the 2020 National Election?

Posted on October 15, 2020 in New York City lawyer

Queens civil litigation attorney

With the first presidential debates behind us and the vice-presidential debate already taken place, voters might be anticipating the next round of debates; unfortunately, due to the president’s recent bout with COVID-19 and the two campaigns struggling to agree on debate terms for the final debate, it may be up to the voters to investigate the issues up for debate themselves to choose their candidate. Here is a handy guide to help you decide.

8 Major Issues Up for Debate in This Election

With the second presidential debate already canceled and the final presidential debate in limbo, it is even more valuable to reflect on the issues the candidates may argue about during their final debate to be a more informed voter. Here are several important issues facing our nation today that are up for debate:

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What Are the Implications of Election Results for You in New York?

Posted on October 08, 2020 in New York City lawyer

New York City attorney

2020 has been a year like no other—from political firestorms across the nation to literal wildfires in California, from property damaged by looters to houses destroyed by hurricanes, from peaceful protestors in the streets to minors taking up arms against them, and, most significantly, there is the COVID-19 pandemic with its despairing loss of life and disruptive economic impact. All of these are just a few examples from this challenging year. And that is part of the reason this federal election is so important. Who you vote for will directly impact you in ways that you might not even realize.

5 Significant Impacts Voting Has on Policies

Be it voting for the president or voting down-state for other politicians or propositions, taking control of your civic duty and marking up your ballot has never been more important than it is now. 2020 was a year of tremendous difficulty, but such adversity can be remedied depending on your particular situations and your vote. For instance, here are five issues that might be addressed in different ways based on how you vote next month:

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What Is the NYC Corrections Officers’ Benevolent Association?

Posted on September 30, 2020 in Civil Service Employees

Manhattan civil service job defense attorney

NYC Civil Service positions offer many benefits, but you can add to those job enhancements by joining a union dedicated to protecting and taking care of their members. If you work in a corrections facility, you are in luck: You can join the second-largest law enforcement union in New York City--the Corrections Officers’ Benevolent Association (COBA). Their mission is “to empower and enhance the lives of our brother and sister officers who proudly represent the boldest here in New York City,” and that they are dependable, reliable, committed, honest, innovative, passionate, and efficient. If you ever face problems at your job as a corrections officer, you can turn to them while also seeking the counsel of an experienced civil service and job defense attorney. With both sources of support, you will maximize the benefits offered to you as a member of the New York Civil Service.

What Does COBA Do?

COBA supports NYC corrections officers in many ways, some of which are:

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Who Is Eligible for New York Civil Service Disciplinary Hearings?

Posted on September 26, 2020 in Civil Service Employees

Manhattan civil service job defense attorney

People employed by the New York civil service benefit from a range of additional benefits not offered to those workers who are employed in the private sector. One such benefit is that many public employees will not be subject to disciplinary action or removal unless their misconduct or incompetency is proved through a disciplinary hearing. Not all employees in the New York civil service are eligible for this right, so it is important to know what benefits apply to your situation. If you are preparing for a disciplinary hearing at work, do not take the process lightly: Seek professional legal counsel and representation from a skilled civil service and job defense attorney.

Civil Service Employees

Any of the groups discussed below will not suffer consequences for any accusations stated against them unless they are found guilty of misconduct or incompetence in a disciplinary hearing:

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When Can I File a Wrongful Death Lawsuit in New York?

Posted on September 15, 2020 in Uncategorized

Brooklyn wrongful death attorney

The time after a loved one’s death is difficult to process, and legal matters may not be a priority. However, if you lose a spouse, parent, or child because of something another person could have prevented, you should consider filing a wrongful death lawsuit. If you plan on filing for a lawsuit, it is vital to understand when you can do so. Every state is different, but New York State law dictates who and when may file for a wrongful death lawsuit. To help prepare for a suit and to increase your chances of earning the damages that you deserve, speak with an accomplished wrongful death attorney near you.

Filing Wrongful Death Lawsuit

Before filing for a wrongful death lawsuit, it is worth understanding if your situation warrants such an approach. Wrongful death refers to when someone’s death was preventable, and either another person or company was at fault. If this is the case, you may be eligible for compensation from the party responsible. Also, there are ample grounds for a wrongful death lawsuit if the person who died could have collected damages for pain and suffering if he or she had not died.

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What Is the Legal Punishment for Resisting Arrest in New York?

Posted on September 09, 2020 in Criminal Defense

Queens criminal defense attorney resisting arrest

Any criminal activity is taken seriously throughout the United States, with penalties differing from state to state depending on the offense. If you are ever arrested in New York, there are specific rules that you and the police must follow. In your case, it is best to comply with a police order first and file any grievances regarding police misconduct later. Failure to obey police orders can complicate matters further, and you risk punishment in some fashion despite the police misconduct that propelled you to react. Regardless of the circumstances of your arrest, you have the best chances of presenting a successful defense if you work with a knowledgeable attorney who has an incisive understanding of the New York criminal justice system.

New York Law and Police Orders

According to the New York Penal Code, Section 205.30, “A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor.”

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What Are Your Rights as a New York Voter?

Posted on September 08, 2020 in Uncategorized

New York City attorney

Throughout the history of the United States, great strides have been made to expand voting rights to American citizens regardless of gender, race, and ethnicity. We now live in a country in which the voting rights of our diverse population are guaranteed by law, and with these rights comes an important responsibility to exercise them and contribute to the democratic process. As the crucial 2020 election approaches, it is important for New York voters to understand some of their specific rights that may impact the voting process.

Understanding the New York Voter’s Bill of Rights

The State of New York has published a Voter’s Bill of Rights that guarantees certain protections for voters throughout the state. Among these are:

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How to Vote Safely in New York During the COVID-19 Pandemic

Posted on September 04, 2020 in Uncategorized

Manhattan attorney

In a year that has been challenging for many reasons, one pressing concern as a momentous Election Day approaches is the ability to vote without putting yourself at risk of contracting COVID-19. Thankfully, New York City offers a few voting options to allow you to choose what you are most comfortable with and ensure that you have input in important national, state, and local elections.