New York state’s highest appellate court – the Court of Appeals – is set to hear oral arguments on an interesting appeal involving the charge of Enterprise Corruption under Penal Law Section 460.20 entitled People v. Western Express et al. The decision could have a major effect on the prosecution of these cases in New…
Continue reading ›The short answer to the question above is: probably, but maybe not. If you have been issued a Desk Appearance Ticket in New York City, the chances are that your case is an unusual misdemeanor that required some investigation by the prosecutor, or you are first-time offender charged with shoplifting, theft of services (like jumping…
Continue reading ›We have previously covered the basics of the recently (2010) enacted set of crimes involving strangulation. As noted, Penal Law section 121.11 states that “A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:…
Continue reading ›Criminal arrests are upsetting to everyone but can be particularly problematic for financial and securities professionals because of the possible employment and licensure consequences. Brokers, traders, bankers, financial advisors, and other financial professionals typically have to be licensed through FINRA, the Financial Industry Regulatory Authority. Some of the most common licenses include Series 7 and…
Continue reading ›There are three separate menacing statutes in New York, each specifying a different gravity of offense. Menacing is often paired with Stalking (Penal Law section 120.45) and Aggravated Harrassment (Penal Law section 240.30) charges, but can be charged as a standalone offense. The basic charge is Menacing in the third degree (Penal Law section 120.15)…
Continue reading ›New York’s Penal Law Chapter 150 criminalizes arson and the setting of destructive fires. Generally speaking, the most important factors in determining the severity of any arson charges that might apply to the criminal conduct are: 1) the intent of the perpetrator of the crime, 2) the nature of the property that was damaged, and…
Continue reading ›Vehicular assault charges are usually added to felony or misdemeanor DWI complaints where there has been an injury to someone other than the driver of the vehicle as a result of an alcohol- or drug-related accident. For example, in People v. Mojica, 62 A.D.3d 100, the defendant allegedly “drove a pickup truck through a red…
Continue reading ›A conviction for a crime doesn’t have to be the end of your case. A talented and experienced appellate lawyer may be able to find a way to get your conviction overturned or your sentence reduced. Most criminal defense attorneys do not handle appeals or have very little experience doing it. Thus, you should strongly…
Continue reading ›If you receive a federal grand jury subpoena in the mail, you absolutely must retain the services of an experienced criminal defense attorney as soon as possible. The subpoena indicates that the federal prosecutor that issued it (probably an Assistant United States Attorney) believes that you have knowledge or information relating to a significant criminal…
Continue reading ›As former prosecutors who now practice criminal defense, we have collectively dealt with hundreds upon hundreds of drug cases over the years. Throughout these years each of us has seen people from all backgrounds and professions walk through the courtroom doors to face drug charges. Whether the person is arrested and “put through the system,”…
Continue reading ›
