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New York criminal defense attorney weapons possession

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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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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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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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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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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