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Articles Posted in Understanding New York Criminal Law

What if I missed my court date? Warrants and returns.
The Law Office of Matthew Galluzzo, PLLC Team

If you’ve been told to appear in court for a summons, Desk Appearance Ticket (“DAT”), or other criminal case, you can face serious consequences should you fail to appear on your scheduled court date. We advise that you retain an experienced criminal defense attorney immediately to help you repair the damage that has already been…

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Penal Law Section 120.05: Assault in the Second Degree (MTA and subway employees)
The Law Office of Matthew Galluzzo, PLLC Team

Recently, a video of a fight between a bus driver and a passenger in Cleveland has gone viral and sparked a great deal of debate. To summarize, a passenger on a Cleveland bus captured cell phone footage of a male municipal bus driver in a profane argument with a female passenger that had refused to…

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Enterprise Corruption – a recent decision from the Court of Appeals
The Law Office of Matthew Galluzzo, PLLC Team

The authors of this blog represent an individual that recently had a significant charge dismissed against her by the Court of Appeals, New York’s highest state appeals court. The case involved a very interesting and complicated question concerning the proper scope of prosecutions pursuant to the Organized Crime Control Act, pursuant to NY Penal Law…

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Criminal Contempt – Penal Law Sections 215.50, 215.51, 215.52
The Law Office of Matthew Galluzzo, PLLC Team

Criminal Contempt charges are very serious and can be quite difficult to defend against in some circumstances. The overwhelming majority of the Criminal Contempt cases pursued by prosecutors involve violations of orders of protection, and usually are classified as “domestic violence,” meaning that the complainant and defendant are or were in some sort of romantic…

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Bath Salts and Criminal Charges in New York
The Law Office of Matthew Galluzzo, PLLC Team

In response to the growing number of criminal incidents involving individuals under the influence of bath salts, both Houses of Congress passed S.3187, which President Obama signed off on shortly thereafter in July 2012. Subtitle D specifically places a federal ban on the use, possession, or manufacturing of synthetic drugs, that up until recently were…

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Arrest or Desk Appearance Ticket for Possessing a Fake New York State Driver’s License or Fake ID
The Law Office of Matthew Galluzzo, PLLC Team

We have discussed the forgery laws in New York in general. This post will cover the a common type of arrest in New York City: underage people being caught with a fake ID or New York State Driver’s license. Many young people in the greater New York City area carry a fake ID in order…

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Desk Appearance Ticket for Assault in the Third Degree (Penal Law Section 120.00)
The Law Office of Matthew Galluzzo, PLLC Team

We have previously discussed the law on Assault in the Third Degree (Penal Law Section 120.00), but in our experience, these cases often proceed differently and require a different strategy when they are initiated by Desk Appearance Tickets. A Desk Appearance Ticket (or “DAT”) for Assault in the Third Degree is usually only issued when…

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Public Lewdness Desk Appearance Tickets / Exposure of a Person Desk Appearance Tickets
The Law Office of Matthew Galluzzo, PLLC Team

In New York, the crime of Public Lewdness (Penal Law Section 245.00) is a class B misdemeanor. People arrested for this crime frequently receive Desk Appearance Tickets (especially if they have no criminal record), but are occasionally forced to spend a night in prison before their arraignment. Individuals arrested for Public Lewdness are also frequently…

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Domestic Violence Prosecutions in New York City Explained by a Criminal Defense Attorney
The Law Office of Matthew Galluzzo, PLLC Team

Every year, police officers in New York City make thousands of arrests for “domestic violence,” or violent crimes by one person against a family member or romantic partner. (Click here for recent New York state statistics). There are so many arrests of this sort that prosecutors receive specialized training about these cases and every precinct…

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The Law of Fireworks in New York State
The Law Office of Matthew Galluzzo, PLLC Team

Every Fourth of July, I usually get a question or two concerning the state of the law on fireworks in New York State. Most of us grew up enjoying fireworks on Independence Day, but the fact of the matter is that our legislature has determined that most fireworks are simply too dangerous for the citizens…

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