Thankfully, these cases can be defended on many fronts. The protesters may have very strong arguments that their arrests were unconstitutional. The criminal statutes as applied to them may be unconstitutionally vague under the circumstances. Police bodycam footage may ultimately vindicate some protesters as well. These are just some of the possible defenses in protest-related cases.

Matthew Galluzzo has successfully represented many people who were arrested for exercising their lawful right to protest. A former Manhattan prosecutor, he has over 20 years of experience practicing criminal law in Manhattan. If you or a loved one have been arrested or given a Desk Appearance Ticket for protesting at Columbia, you should strongly consider contacting him about possible representation.

Common Desk Appearance Tickets from JFK Airport include 1) shoplifting offenses (Petit Larceny – PL 155.25, a Class A misdemeanor) at the JFK retail shops or duty-free stores, 2) misdemeanor possession of controlled substances (PL 220.03), 3) misdemeanor possession of a weapon, such as a knife or collapsable baton or brass knuckles (PL 265.01), 4) theft of services, such as failing to pay a bar or restaurant tab (PL 165.15), and 5) assault (PL 120.00, a Class A misdemeanor). However, there are many other possible offenses at JFK Airport that could result in Desk Appearance Tickets.

A Desk Appearance Ticket is the same thing as a criminal arrest and a conviction for a misdemeanor can give you a permanent and public criminal record. It can also potentially result in jail time, probation, fines, loss of employment, loss of immigration status, and loss of licensure, depending on the circumstances. These DATs must be taken seriously, as should any criminal arrest. Matthew Galluzzo has successfully helped over 100 clients earn dismissals in cases involving Desk Appearance Tickets, and has specifically helped over a dozen clients with charges stemming from JFK Airport.

Generally, a person who receives a Desk Appearance Ticket from JFK Airport must appear in Queens Criminal Court (located at 125-01 Queens Boulevard) as instructed by the ticket. Sometimes these court dates occur on weekends. Of course, many of the people arrested in JFK are travelers from out of town or even out of the country. In certain types of cases, Matthew Galluzzo has successfully appeared of behalf of many out-of-town and foreign clients and resolved these cases favorably without the clients having to appear personally. If you are a foreign or out-of-town client with a JFK Desk Appearance Ticket, you should strongly consider hiring Matthew Galluzzo to appear on your behalf, so that you do not have to make a special trip back to New York City just to appear in court to resolve a misdemeanor offense.

Every year, tourists flock to Woodbury Commons from around the world to shop the discount prices offered at these designer outlet stores. Unfortunately, some are also accused of attempting to steal merchandise from these stores. Those individuals are typically referred to local Woodbury police for arrest processing after being apprehended by store security. People arrested and accused of shoplifting at Woodbury Commons are typically handcuffed by the police, taken to the police station, fingerprinted, and issued a Desk Appearance Ticket directing them to appear in Woodbury Town Court a few weeks later to answer to charges of Petit Larceny (a class A misdemeanor in violation of PL 155.25) or Grand Larceny in the Fourth Degree (a class E felony in violation of PL 155.30). The more serious charge – Grand Larceny – can apply where the merchandise allegedly stolen exceeds $1000 in value.

Many of the people arrested and issued Desk Appearance Tickets are tourists visiting from out of state or even out of the country. As such, returning to Woodbury for a court appearance a few weeks or months later is impractical or impossible. Thankfully, in some cases, an attorney can be retained to appear in the place of the arrested person, such that the arrested person does not have to personally return to court. Matthew Galluzzo has represented many foreign and out of state residents in this manner. Using a notarized affidavit drafted by Mr. Galluzzo, in some cases Mr. Galluzzo can go to court on behalf of a person accused of these crimes and negotiate a disposition of the case that does not result in a permanent or public criminal record. This permits the person with the Desk Appearance Ticket to continue with their trip on schedule without having to delay their flight home or booking a return trip for the sole purpose of appearing in court. Of course, that potentially saves the arrested person a significant amount of time, stress and expense.

If you or a loved one have been arrested and given a Desk Appearance Ticket for alleged shoplifting at Woodbury Commons outlet mall, you should strongly consider contacting Matthew Galluzzo. An experienced criminal defense attorney and former New York prosecutor, Matthew Galluzzo has successfully defended dozens of out-of-state and foreign citizens in shoplifting cases.

Oftentimes, in these cases in which no one was injured, a protester-defendant could – with the help of an experienced attorney – successfully negotiate a plea bargain whereby the protester will have no criminal record and spend no time in jail (such as an “adjournment in contemplation of dismissal or a violation like Disorderly Conduct). In cases involving Desk Appearance Tickets, such negotiations may even be possible prior to the return date (i.e. the first court appearance). However, for reasons relating to principle, many protester-defendants refuse to accept any such deal, preferring to demand dismissal or a trial where their voices can be heard by a jury. Such an attitude is certainly understandable but it does tend to increase the risk of a negative result (such as a permanent criminal record).

Unfortunately, some protests escalate into confrontations with police officers. In those cases, charges like Assault in the Second Degree can sometimes be levied against arrested protesters alleged to have injured police officers. That charge is a serious felony that can carry real jail time, and should not be treated lightly at all. The best defense in these cases is often to argue that the defendant did not act unreasonably, and that any injuries to the police officer were sustained on account of his/her own aggressive or improper actions. In today’s current climate, that argument can have real traction with some jurors.

Thankfully, nowadays many protesters have video footage of their arrests, or their behavior just prior to being arrested. Oftentimes, this footage can be helpful to their defenses. In those cases, it may make sense for their attorneys to share the footage with prosecutors in the hopes of securing outright dismissals. Of course, an outright dismissal of an arrest charge can open the door to a lawsuit for wrongful arrest against the City.

Sometimes people attempt to intervene during an arrest of a protester by trying to prevent the police officer from apprehending someone else. In these cases, the intervenors typically are charged with Obstructing Government Administration or Resisting Arrest, misdemeanors. A person being unlawfully arrested can argue that they are not guilty of Resisting Arrest because the arrest was unlawful or unauthorized under the circumstances, and an intervenor may also be able to successfully argue the same thing.

Generally speaking, defendants (and defense attorneys) prefer some anonymity with respect to their cases, and prefer to try their cases discretely in the courtroom. However, for those defendants seeking trials by jury, attorneys should consider trying to garner public sympathy and/or publicity for the client’s case before the trial. After all, these cases frequently depend less on the facts presented at trial so much as they do upon the attitudes of the fact-finders (i.e. judges or juries) deciding the case.

If you or a loved one have been arrested or given a Desk Appearance Ticket in New York City for protesting, you should strongly consider contacting Matthew Galluzzo. He is an experienced criminal defense attorney and former Manhattan state prosecutor. He is also a civil rights attorney who has successfully sued members of the NYPD for false arrest and police brutality.

These cases usually arise out of undercover sting operations by the NYPD. In those cases, an undercover officer pretending to be prostitute wears a recording device and comes to an agreement with another person to perform a sexual act in exchange for money. The offer to pay or an agreement alone can be sufficient proof of the crime. Indeed, Penal Law 230.02 defines a person as being guilty of patronizing a prostitute when: “(a) Pursuant to prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; (b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.”

The most common charge for such a Desk Appearance Ticket in Manhattan is Patronizing a Person for Prostitution in the Third Degree, in violation of Penal Law Section 230.04. This charge is a class A misdemeanor, meaning that it can result in a permanent criminal record and has a maximum possible jail penalty of one year.

In Manhattan, a person charged via Desk Appearance Ticket with a violation of Penal Law Section 230.04 is likely to be offered a plea bargain. The attorneys at the Law Office of Matthew Galluzzo have been successful in many cases in persuading prosecutors to dismiss the misdemeanor charge in exchange for a plea to a violation like Disorderly Conduct (Penal Law 240.20). This charge is not permanently public and does not constitute a conviction for a crime under New York State law. Offenders have generally had to perform some community service and/or attend a Health Education class regarding prostitution. This result spares the accused the drawn-out process of a trial and eliminates the uncertainty that comes with a trial; as such, most of our clients have availed themselves of such arrangements.

Many people arrested for patronizing a prostitute believe that they were unfairly entrapped. Entrapment is a valid defense under New York State law and can apply in certain situations involving these charges. However, it is typically very difficult to prevail with an entrapment defense, as an accused is essentially forced to demonstrate that the undercover police officer overcame his will and coerced him into agreeing to pay money for sex. Notably, the conversations between the accused and the undercover police officer are usually recorded.

Sometimes the NYPD conducts long-term investigations of escort services, brothels, or other prostitution conspiracies, and arrests johns after arresting the prostitutes and organizers (pimps). This type of charge is uncommon, however. Proof in those sorts of cases typically consists of phone records, wiretap information and/or proof of payment.

If you or a loved one have been arrested and given a Desk Appearance Ticket for a prostitution-related offense in Manhattan, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team consists of two former Manhattan prosecutors (including one former sex crimes prosecutor) who have handled numerous such cases over the course of their almost 40 years of combined experience.

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”; or

(2) He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another;

Criminal possession of a weapon in the fourth degree is a class A misdemeanor. (Note: there are other subsections of this charge that are far less common than these two subsections). The maximum penalty is one year in jail, and a conviction for these charge can have negative immigration consequences for non-citizens residing in the United States.

Thankfully, these cases can often be successfully defended by a savvy lawyer. Sometimes, an experienced criminal defense attorney can litigate the legality or constitutionality of the police search that yielded the weapon in the first place, potentially resulting in a dismissal of all charges. We have also once successfully obtained an acquittal for a client by persuading a jury with a technical argument that the knife seized from his client was not in fact a gravity knife (as alleged by the prosecutor). Most often, though, clients seek to negotiate reasonable dispositions for these cases that do not result in permanent criminal records or immigration consequences. The attorneys at The Law Office of Matthew Galluzzo have successfully negotiated favorable results or dismissals dozens of times by demonstrating to prosecutors the good characters or backgrounds of their clients. If you or a loved one have been charged with possessing a weapon, you should contact them immediately.

Mr. Baldwin was arrested in November after allegedly punching someone over a parking spot in Manhattan. Mr. Baldwin generally denied punching the other person though he admitted to pushing him. Baldwin was actually given a Desk Appearance Ticket and eventually charged with Attempted Assault in the Third Degree (Penal Law 110/120.00), a Class B misdemeanor, and Harassment in the Second Degree (Penal Law 240.26), a violation. Prosecutors reviewed video surveillance footage, spoke to witnesses, and considered the complainant’s medical records before ultimately making a plea bargain offer to Mr. Baldwin. Under the terms of that deal, which Mr. Baldwin accepted in January 2019, Mr. Baldwin pleaded guilty to Harassment in the Second Degree and will undergo a short anger management program.

By pleading guilty, Mr. Baldwin was convicted of Harassment in the Second Degree. However, this conviction is not a “crime” under New York state law, it is a violation and/or criminal offense. As such, in response to the question, “Have you ever been convicted of a crime,” Mr. Baldwin could answer “no”. Also, upon completing this short anger management course (typically completed within one day), Mr. Baldwin’s records will be sealed to the public after one year. The most important benefit to this deal, of course, is that Mr. Baldwin avoids the possibility of being convicted of the misdemeanor charge and receiving a possible (though unlikely in this case) sentence of jail.

The downside to this disposition for Mr. Baldwin is that he had to admit, under oath, that he had harassed the complainant. This makes it likely that the complainant will bring a civil suit against Mr. Baldwin, and Mr. Baldwin will have a difficult time defending himself against the underlying facts. To be sure, damages will still very much be at issue in a civil lawsuit, but Mr. Baldwin’s harassment of the complainant has already been settled by way of his guilty plea under oath. The attorneys at The Law Office of Matthew Galluzzo have also successfully defended several individuals accused of assault or sexual assault in civil court following the disposition of the related criminal cases.

All in all, however, it is a fairly standard disposition in a case in which the injuries appear to have been minimal. (Indeed, Mr. Baldwin was only charged with Attempted Assault instead of Assault because the complainant’s injuries did not rise to the necessary level of an assault charge.) We have also been able to secure outright dismissals for many of our clients, or negotiate “ACDs” (adjournments in contemplation of dismissal), which are superior to violation plea bargains in that the charges are totally dismissed after a six or twelve month period of time, and there is no admission of guilt whatsoever. When misdemeanor assault charges involve very serious injuries, then prosecutors sometimes insist upon the defendants being convicted of misdemeanor charges, which can result in jail time. Those cases in particular require especially skillful representation.

If you or a loved one have been arrested or given a Desk Appearance Ticket for an assault related charge, you should strongly consider contacting the experienced former prosecutors at the Law Office of Matthew Galluzzo.

First, let’s explain to you what your Desk Appearance Ticket (“DAT”) is.

The Criminal Procedure Law defines the DAT as “a written notice issued and subscribed by a police officer or other public servant authorized by state law…directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense.” In other words, if you’ve received a DAT, you’re being directed to appear in Criminal Court where you should expect to be formally prosecuted as a defendant. People are often mislead by DATs because they think they were stopped by the police and then “let go.” The reality is that very serious misdemeanors such as Assault and Criminal Possession of a Weapon are often charged following the issuance of a DAT. While it might be tempting to think that the charge “can’t be that serious” since you were “only given a ticket,” nothing could be farther from the truth. To be sure, your failure to appear on a scheduled Court date will result in the issuance of a warrant for your arrest. So it is absolutely imperative that you appear on your Court date.

“What should I expect when I go to Court?” The DAT is a legal mechanism to bring you to Court to face criminal charges, so you have to prepare yourself to assume the role of a defendant in a criminal action once you get there. If you’ve received a DAT, it’s because a member of law enforcement has accused you of breaking the law – which means a local prosecuting agency is going to prosecute you when you get to Court. You should expect to appear before a Judge and be formally charged by formal accusatory instrument which is provided to the defense on that day (which is why it’s necessary to be represented by counsel).

“What am I being charged with?” If you’ve already been issued a DAT, take a look in the upper left hand corner, under your name and address. You should see a line that says “Top Offense Charged” and then the letters “PL” followed by some numbers. The numbers correspond to the section of the Penal Law that you have been accused of violating. Some common Penal Law numbers on DATs are “120.00” (Assault), “155.25” (Petit Larceny), “220.03” (Criminal Possession of a Controlled Substance in the Seventh Degree), and “265.04” (Criminal Possession of a Weapon in the Fourth Degree), just to name a few (the Penal Law sections mentioned here are all Class “A” misdemeanors, punishable by up to 1 year in jail). It’s important to keep in mind that the DAT only has space for your top count, so it’s not uncommon for defendants to appear in Court only to find that they’re being charged with additional violations of the Penal Law.

“So do I need a lawyer?” Yes. We can see how you may have beeen lulled to sleep by the fact that you were arrested and released “with just a piece of paper.” Or perhaps you thought the situation was less serious since they weren’t “put through the system” and held in jail for 24 hours before coming out before a Judge. Hopefully you now understand that the DAT process simply allows you to make your appearance at a later date, while the same stakes and penalties that come with being criminally charged apply.

If you or a loved one have received a Desk Appearance Ticket, do not hesitate to reach out to The Law Office of Matthew Galluzzo; our team of former prosecutors and experienced criminal defense attorneys can help extricate you from the case as soon as possible.

§ 195.05 Obstructing governmental administration in the second degree.

A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor’s intent that the animal obstruct governmental administration.

Obstructing governmental administration is a class A misdemeanor.

“O.G.A.” covers a broad range of conduct; cases where convictions for O.G.A have been upheld include situations where defendants pulled the emergency brake on a subway car without any valid reason to do so, refused to move through a metal detector at a county courthouse in a manner which prevented others from entering, or ran on the “set” of an undercover “buy-and-bust” operation after being warned to leave and shouting that the police were present. While the statue requires “intimidation, or a physical or independently unlawful act,” merely refusing to cooperate with a police officer by giving information, or failing to turn over a driver’s license or registration when asked to do so will not fall within the ambit of the statute (although it might subject the actor to liability under the Vehicle and Traffic Law). Essentially, any act committed with the intent to frustrate the purpose or execution of an official acting in a lawful capacity can qualify, like smacking a summons book out of a police officer’s hand to prevent him or her from writing a ticket, for example.

Obstructing Governmental Administration seems to be committed most when street encounters between police officers and civilians go wrong. There are two scenarios where the charge is applied with the most frequency, the first being where civilians try to stop police officers from placing third parties under arrest, either by standing in between officers and the third parties, or by assaulting police officers and/or jumping on them to foil the detention (which also subjects the intervening person to the additional charge of resisting arrest, also a class “A” misdemeanor). Charges can be elevated to a felony if a person uses pepper spray or mace on the officer, or causes physical injury to the officer.

The second common scenario involves the swallowing of drugs in order to prevent officers from recovering them. While no actual “force” is used by the act of swallowing a bag or vial, courts have held that swallowing drugs in an attempt to avoid arrest for drug possession constitutes O.G.A., as well as the crime of “Tampering.” In either of these situation, the additional act of attempting to prevent the police or official actors from discharging their duties usually serves no purpose other than to escalate the situation, and results in additional charges for the police to bring to the District Attorney’s Office when these cases are being written up.

If you are charged with the crime of Obstruction of Governmental Administration, you should not hesitate to retain an experienced criminal attorney immediately. A conviction for O.G.A. results in the incurrence of a permanent criminal record, and is punishable by up to one year in jail.

“New York Defense Attorney Explains the Crime of “Obstructing Governmental Administration.”