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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 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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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 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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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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New York criminal defense attorney DWI

Driving while intoxicated (DWI) is treated as a serious offense in New York with the potential for significant penalties if you are convicted. One frequently imposed consequence for alcohol-related driving offenses is the suspension or revocation of the offender’s driver’s license for a specified period of time, from 90 days for minor infractions up to 18 months for some felony convictions. While this can reduce the public risk of injury in future drunk driving accidents, it can also create hardship for the person whose license is suspended or revoked if he or she is unable to drive to work, school, and other important locations. If you have been arrested for or convicted of DWI or a similar offense, a criminal defense attorney may be able to help you obtain a conditional license to reduce this hardship.

Obtaining a Conditional Driver’s License in New York

If you are a first-time DWI offender facing relatively minor charges and the State of New York believes your continued driving does not pose a significant risk to other drivers, you may be able to seek a conditional driver’s license. In order to be eligible for a conditional license, you must also attend an Impaired Driver Program approved by the New York Department of Motor Vehicles (DMV), as well as submit to a drug and alcohol evaluation and any required treatment programs.

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