Articles Posted in Assault

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Delayed flights, crowded airplanes, rude people, and stressful rides to the airport can make airline travel particularly stressful. Sometimes, rude flight attendants or passengers fueled by alcohol can cause tempers to flare, and physical fights sometimes erupt during the flight. These fights or disputes can result in federal criminal charges, as “the special maritime jurisdiction” of federal courts applies to airplanes coming into the United States or traveling across state lines.

Federal assault charges can apply to any person who causes an offensive physical touching to another person on the airplane. Certainly, that can apply to physical violence, but it might also apply to unwanted sexual touching of another person as well. Assaulting another person on an airplane is normally a petty offense under federal criminal law, pursuant to 18 U.S.C. § 113(a)(5). (Those accused of sexually assaulting others on airplanes can also be prosecuted with the more serious felony charge of 18 U.S.C. § 2244(b), however, and attempts to maim or murder can be prosecuted as felonies, as well). That means that the crime is a misdemeanor with a maximum prison penalty of six months and/or a fine of $5000.00. Also, it means that the defendant is not entitled to a jury trial. Instead, the defendant must have his case tried by a federal magistrate judge.

Locating and interviewing witnesses in these cases is of paramount importance to the defense. Occasionally, shaky cell phone video footage might be available of the incident or dispute, and it may actually vindicate the accused person. Sometimes defendants have even acted unknowingly or unintentionally, by virtue of intoxicated or sleep disorders, and such defense should be explored and developed if applicable.

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O-1 visas are granted to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O-1A), as well as those with a demonstrated record of extraordinary achievement in the motion picture or television industry, and who have been recognized nationally or internationally for those achievements (O-1B). O-2 visas are granted to those who accompany O-1’s for the purpose of assisting them in a specific event or performance. USCIC requires an O-2 play an “integral” role in the assistance of an O-1A’a activity, or provide “essential” assistance to the completion of an O-1B’s production. O-3 visas are granted to spouses or children of O-1 and O-2 holders. All three types of visas are usually granted for a period of up to three years, after which they may be extended in one-year increments, without limitation.

As in the case of any non-citizen, the stakes are higher for O-1, O-2 and O-3 visa holders who are arrested because they face the risk of visa revocation on top of any sentence which is authorized for the crime they’ve been arrested for. For this reason, our lawyers are extraordinarily diligent in their representation of visa holders (as well as non-citizens in general), where a great deal of effort must be placed on crafting dispositions with an eye towards preserving our clients' immigration status. In addition to being accomplished trial litigators, our attorneys are also top-notch negotiators who have secured many dismissals and non-criminal dispositions for our clients. Specifically, the attorneys at Galluzzo & Arnone have represented countless visa-holders with an impeccable record of success. For all of these reasons, it is imperative for any non-citizen who has been arrested (even given a Desk Appearance Ticket) to contact us as early in the process as possible. Even those charged with seemingly “minor” misdemeanors need to be diligent, for example, those charged with: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), Assault in the Third Degree (PL 120.00), and Criminal Possession of a Weapon in the Fourth Degree (PL 265.01).

Keep in mind, U.S. visa posts routinely perform criminal background checks on visa applicants, which can lead to devastating consequences for those who don't navigate the system properly, including, but not limited to, initiation of removal proceedings. For a myriad of reasons, it is critical for any O-1, O-2 or O-3 visa holder to contact an experienced attorney who understands the delicate nuances and immigration consequences posed in each of these cases. To be sure, the lawyers at Galluzzo & Arnone have successfully represented O-1 visa holder with great success. If you or a loved are faced with a criminal prosecution, contact our attorneys without delay.

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New York City owes much of its energy and excellence to the foreign citizens living and working here. Unfortunately, a visa or green card holder's right to remain in the United States can be seriously jeopardized by a Desk Appearance Ticket, even when the charges are comparatively minor misdemeanors. Many visa holders fail to take these arrests sufficiently seriously because the charges seem minor (like marijuana or subway fare theft) or because the arresting officer tells them "it's no big deal." Truthfully, though, career, educational, and family plans can be completely devastated by even a minor case of walking through the subway gate without paying, so it is absolutely critical that a foreign person arrested and issued a Desk Appearance Ticket retain competent counsel immediately.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get "sent downtown" and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not "just a ticket". More importantly for visa holders, this event is not going to "fly under the radar" with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.

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H1B visas (allowing foreign citizens with highly specialized expertise in the areas of math, science and engineering, among others, to live and work in the United States) are highly sought after and not easy to get due to the limit – or “cap” – on the number of such visas granted each year. There are many highly-qualified professionals working in New York thanks to the H1B visa program, and they are welcome additions and assets to the community.

Unfortunately, even a minor arrest can derail an application or renewal for an H1B visa. The attorneys at Galluzzo & Arnone have represented many individuals with H1B visas who have received Desk Appearance Tickets for misdemeanor arrests, including, among other things: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), and Assault in the Third Degree (PL 120.00). Some of these cases are oftentimes resolved with adjournments in contemplation of dismissal (“ACDs”) that would generally be considered to be favorable dispositions. However, ACDs typically involve six month waiting periods before the cases are dismissed, and any people who need to apply for or renew their H1B visas during that six month period are precluded from doing so (and thus unable to remain in the United States at their chosen and hard-earned job). Put plainly, an H1B visa will not be renewed if a criminal case is pending or if the ACD waiting period is still outsanding. This effect has also been noted in the context of other visa applications, such as F1 and J1 visas.

While these are generally not considered the most serious of cases, for visa holders, even these comparatively minor criminal cases can impact your life, career and renewal applications in a number of other ways. For example, convictions for these crimes can result in job loss, permanent criminal records, deportation or inadmissibility, fines, and potentially even jail time. A criminal case should never be taken lightly, but foreign citizens with visas need to be even more mindful of the consequences of an arrest.

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Matthew Galluzzo, a criminal defense attorney, after a six week trial in the Bronx, recently convinced a jury to acquit his defendant of the most serious murder charge on the indictment. The client was instead convicted of a lesser manslaughter charge, meaning that he will not be facing the life sentence that he would have faced upon a conviction for murder. Sentencing is scheduled for August 11, 2016.

A link to a news report about the case is available below. If you or your a loved one is facing homicide-related charges, you should seriously consider retaining the services of Matthew Galluzzo and/or his partner Eric Arnone.

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One of the great things about living in (and visiting) New York City is the amazing nightlife. The city is home to some of the best nightclubs and bars in the world, including places in the Meatpacking District like Tenjune, 1Oak, The Griffin, Gaslight, Beaumarchais, the Standard (The Top of the Standard and Le Bain), as well as other clubs throughout Manhattan, such as Lavo, Santos Party House, Provocateur, Output, the Jane Hotel, Mehanata, Verboten, Cielo, Webster Hall, the Pyramid Club, the 40/40 Club, and the Marquee, among countless others. Unfortunately, arrests for theft, assault, sexual assault, weapons, and drugs are common at these sorts of establishments, and some unfortunate people are saddled with more than just a hangover after a night partying at these places.

The attorneys at Galluzzo & Arnone LLP have represented dozens of people arrested at nightclubs and bars throughout the city, and our experience as prosecutors and defense attorneys has taught us that certain types of cases are quite common. Through our experience on both sides we have also learned that these types of cases present unique challenges and opportunities for defense attorneys, and have learned how to best take advantage of the unique circumstances that these cases often present.

First, assaults in nightclubs and bars are very common. Alcohol and drug use combined with loud music and packed crowds seems to cause some individuals to act violently, unfortunately. Assault in the Third Degree (Penal Law Section 120.00), a class A misdemeanor punishable by up to one year in jail, is the most common arrest charge for punching or striking another person, but Assault in the Second Degree (Penal Law Section 120.05), a class D violent felony punishable by multiple years in jail, is also typical in cases in which bottles or other objects are used during the assault.

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Being falsely accused of rape or a sex crime is a nightmare for anyone, but it presents a particularly complex set of problems for foreign citizens living, working, or visiting New York. Not only are they facing deportation as a potential consequence of a conviction, they also generally have increased difficulty securing bail or being able to travel during the pendency of the case. Additionally, we find that foreign citizens frequently make mistakes in dealing with police officers during sex crimes investigations because they are unfamiliar with the American justice system and do not understand their rights. That is why it is absolutely critical that a foreign citizen suspected or accused of committing a rape or sex crime in New York immediately retain a lawyer to intervene and protect him before it is too late.

The ultimate immigration consequences for a non-citizen are sometimes difficult to predict and involve a multitude of factors, including the precise conviction, the immigration status of the defendant (e.g. green card, visa holder, illegal alien), the date of admission to the United States, and the length of the prison sentence, if any. Generally speaking, though, for a conviction to render the defendant deportable, the crime must fall under one or more of several classifications of crimes. Some of those classifications include “sex crimes against minors,” “crimes involving moral turpitude,” “aggravated felonies,” “crimes of domestic violence,” “crimes against a child,” and “prostitution and vice crimes”. Thus, it can often be necessary for a defense attorney to negotiate a plea bargain whereunder a deportable offense is reduced to a non-deportable offense (our offense has had success with this strategy in the past), or to use the fact of an impending and inevitable deportation as a way to persuade a judge to impose a non-jail sentence.

This resource published by the National Immigration Project pretty accurately summarizes some of the relevant charges, most of which are contained in chapter 130 of the Penal Law (Note: most rape and sexual assault charges in New York are pursued under New York state law, though the authors have experience defending foreign individuals in federal sex crimes cases as well). Some of those common charges include Sexual Abuse in the Third, Second and First Degrees, Rape in the Third, Second and First Degrees, Sexual Misconduct, Prostitution/Promoting Prostitution/Patronizing a Prostitute, and Criminal Sexual Act in the Third, Second and First Degrees. Click here and scroll to learn more about the elements of these charges and what they mean.

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Criminal assault charges for non-citizens in New York

As the go-to criminal defense firm for the New York City consulates of France, Australia, Saudi Arabia, Switzerland and Belgium, the attorneys at Galluzzo & Arnone LLP routinely represent foreign citizens charged with criminal assault (including, for example, Assault in the Third Degree [Penal Law 120.00], Assault in the Second Degree [Penal Law 120.05], and Assault in the First Degree [Penal Law 120.10]). These charges are especially problematic for non-citizens as they can result in deportation or future inadmissibility into the United States.

(Though this is a bit of an oversimplification, deportation is the process by which a person is forcibly removed from the United States and barred from returning, whereas a person determined to be "inadmissible" cannot enter or re-enter the United States after leaving).

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There has been a media firestorm about NFL running back Ray Rice’s assault of his wife Janay Rice. While exiting an elevator in Atlantic City, NJ, Ray Rice – a powerfully built football player – punched his wife in the face and appeared to knock her unconscious. He then dragged her along the floor of the casino; the entire gruesome episode was captured on videotape and Ray Rice was arrested.

Generally, the reaction from the public and other players has been appropriately scornful of this detestable conduct. After initially suspending him for just a few games (a decision for which the league commissioner, Roger Goodell, received considerable and deserved criticism), the NFL suspended him from playing for a year. His team waived him despite his multi-million dollar contract and importance to their on-field success. Ray Rice’s Nike sponsorship has been canceled and his high jersey even removed from the display case of his high school. If there’s any silver lining to this terrible tragedy, it is that it has forced people to have frank conversations about the problem of domestic violence.

Some people have been wondering aloud, also, about the disposition of the criminal case that arose from this act. Ray Rice was indicted for aggravated assault but ultimately allowed to enter into a pre-trial intervention (or diversion) program, whereby he will avoid jail or even a criminal conviction so long as he attends and successfully completes an anger management program. Also, seemingly, there is no order of protection preventing him from interacting with his wife.