New York Criminal Lawyer Blog

One of the most common weapon crimes prosecuted in New York City is the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree. This crime, New York Penal Law 265.01(1), sets forth and establishes certain objects that are automatically considered weapons regardless of whether or not you had the intent to use that object unlawfully against another person. In other words, if you possess any of these specified weapons, including the infamous "metal knuckle," the police in New York City can arrest you or issue you a Desk Appearance Ticket for innocently possessing the object. Compounding matters, guidelines at District Attorney's Offices may not permit an offer for even a first time offender.

In the realm of weapons set forth under NY PL 265.01(1), the most frequent weapon crime or arrest prosecuted by Assistant District Attorneys in New York City is probably an offense related to a switchblade knife or gravity knife. Often times, an individual is arrested or given a Desk Appearance Ticket after an undercover police officer observes the knife clip on the outside of the pocket. Once they stop and frisk that person, police officers confirm the knife opens with the force of gravity or springs open (your New York criminal lawyer should confirm this). Having said that, other weapons are also vigorously prosecuted including the "metal knuckle."

Unlike switchblade knives, gravity knives and even lesser known chucka sticks, the New York State legislature did not define metal knuckle in the New York Penal Law. This fact makes it more difficult for individuals to know what they are permitted and not permitted to possess. In an attempt to rectify any ambiguity, courts must define the objects that the statutes do not. Recently, a Rockland County Supreme Court Justice did just that in addressing whether or not an object constituted a "metal knuckle."

In People v. Laurore, 10-252, NYLJ 1202483040232, at *1 (Sup Ct. Rockland Decided February 15, 2011), the defendant was charged with numerous crimes including New York Penal Law 265.01(1) for possessing an alleged "metal knuckle." In finding that the item was a metal knuckle, the Court examined the following:

People v. Singleton, 127 Misc. 2d 735 (Crim. Ct. New York 1985.)

The New York Criminal Court found that an instrument worn on the hand that had leather straps and metal spikes was a "metal knuckle." In determining that the leather strapped and metal spike instrument was in fact a "metal knuckle," the court established a three prong test (the following test is directly quoted from the case).

1. Whether a blow by a fist wearing the instrument in question causes metal to come into contact with the victim's body.

2. Whether the instrument is designed so that it readily can be used offensively against the human body and

3. Whether the design is such that it cannot reasonably be put to any use other than to enable the wearer to inflict a blow with a fist covered by metal or pieces of metal.

Applying the above test to the object recovered from the defendant, the court determined that the item was in fact a weapon and a "metal knuckle." Here, the item had two holes that a person could slide their fingers into and two metal pointed spikes. When worn, these "metal knuckles" sit on the hand so that the metal spikes point forward from the front of the hand where they would strike another person if used by the defendant when he threw a punch. Although "metal knuckles" may come in different sizes and shapes, if their characteristics meet the requirements as set forth above, the object will likely qualify as a weapon.

For in depth information regarding New York weapon crimes including Criminal Possession of a Weapon in the Fourth Degree, please follow the associated link to Crotty Saland PC's New York Weapon Information Page. At the bottom of that page are related blog entries and a link to the New York Weapon section of the New York Criminal Lawyer Blog. The New York Criminal Lawyer Blog contains additional information on criminal statutes, legal decisions and analysis of interesting cases in the news.

The New York criminal defense lawyers at Crotty Saland PC served as Manhattan prosecutors before starting the criminal defense firm. Crotty Saland PC represents defendants throughout the New York City region in all stages of criminal litigation.

Sometimes prosecutors can be all "bark" and no "bite." In the case of two clients charged with Burglary in the Second Degree (New York Penal Law 140.25), this was precisely the situation. Prosecutors claimed that our clients committed the crime of Burglary in the Second Degree after they allegedly went to a neighbor's home, got into a physical altercation and broke out a window. If convicted, the clients each faced a minimum of 3.5 years and a maximum of 15 years in state prison. Despite the allegations, our clients adamantly denied going into the complainant's home, attacking the complainant or breaking a window in the home. In fact, one of our clients sustained a much more significant injury than the alleged victim and suffered a deep laceration requiring sutures as well as various other lacerations inconsistent with the breaking of window glass. Further investigation revealed that although they were present at the location of the incident, another person was initially arrested and released.

At arraignment, the New York criminal lawyers at Crotty Saland PC convinced the judge to release our clients. Upon their release, Crotty Saland PC argued with prosecutors over the merits of the case as well as the evidence. After some time, prosecutors offered an "A" misdemeanor and probation to each of our clients. They even claimed it was a "one time offer." Upon rejecting that offer because of the strong evidence in our clients' favor, prosecutors stated they would proceed on a felony and scheduled a date for a felony hearing.

As expected, on the date of the felony hearing, prosecutors reduced the case against our clients to the "A" misdemeanor previously offered. Then, prosecutors offered a lesser "B" misdemeanor. Upon rejecting the "B" misdemeanor (in this case it was our opinion that offering a misdemeanor where the top count was already a misdemeanor was not a real offer), we explained that we would demand a trial on the case unless a violation (not a crime) was offered. Upon consulting with a supervisor, the prosecutor returned and offered our clients the violation of Harassment in the Second Degree (New York Penal Law 240.26). This was rejected as this type of plea does not seal in the same manner as other violations and may be visible to those who might want information about our clients' past.

Ultimately, after negotiating further, prosecutors offered both of our clients a Disorderly Conduct (New York Penal Law 240.20). After discussing the evidence and probability of a complete acquittal of all charges at trial, our clients accepted the violation as opposed to risking a possible conviction on other charges. In the end, our clients avoided any criminal record, jail and probation.

Sometimes the best way a New York criminal lawyer can defend a client is to try to mitigate conduct by displaying the client's character and worthiness of an offer. Other times, when the evidence is more favorable, the approach may be exponentially more aggressive and confrontational. This may even include fighting the case through trial. Because no two cases are alike and the result in one case does not guarantee similar results in another, the defense you implement must be thoroughly vetted with your own legal counsel. Fortunately for these two particular clients, the best defense was identified and implemented to avoid a criminal record.

Comprehensive information on New York Burglary laws can be found through the respective links above. Additional information about the types of cases handled by Crotty Saland PC, as well as some case results, can be found on the respective link as well. Extensive information on various criminal statutes, cases in the news and criminal court decisions is also located on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com).

Crotty Saland PC, a New York law firm focused on representing clients in criminal investigations, arrests and trials, was founded by two former Manhattan prosecutors. The New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City region.

Rapper and singer Chris Brown, equally known for his crooning as he is for his felony assault plea for punching Rihanna, allegedly freaked out and smashed a window at Good Morning America's Time Square studio in Manhattan. According to at least one report, Brown is alleged to have flipped out in New York City after he was questioned about the past incident with Rhianna by a GMA interviewer. He then allegedly smashed a window with a chair. Shards of glass from the broken window fell dozens of stories to the New York City street below. Adding a little more drama to the alleged incident, Brown allegedly stormed off the set, confronted a producer and took off his shirt (its merely in the mid 40s in New York today so one must assume taking off the shirt was for effect).

Assuming the above allegations are true, what, if any criminal charges could Chris Brown face for breaking a glass window at the GMA studio and getting "in the face" of an ABC producer?

Criminal Mischief: New York Penal Law 145.00 can be described as a property damage statute. If you have no grounds to believe you have the right to damage another person's property, but intentionally do so anyway, then you are guilty of this crime. In other words, you cannot merely smash an ABC studio window because you feel like it. Criminal Mischief in the Fourth Degree is punishable by up to one year in jail. In the event the cost of the damage to the window exceeds $250, then the charge would be Criminal Mischief in the Third Degree pursuant to New York Penal Law section 145.05. This offense is an "E" felony punishable by up to four years in state prison. If Brown is deemed a predicate felon for his felony assault conviction in California, then there is a mandatory term of incarceration of one and a half to three years in state prison.

Reckless Endangerment in the Second Degree: While less likely, New York Penal Law 120.20 sets forth the misdemeanor offense or Reckless Endangerment. If Brown's actions were so reckless in nature that the shards of glass that fell from the 43rd floor of ABC's Manhattan office caused a "substantial risk of serious physical injury," then this charge is appropriate. Certainly his actions were not intentional, ie, he did not intend to have shards of glass fall on pedestrians below, but they appear to have been at least reckless if the allegations are true. The second prong, however, is whether or not those shards of glass could have caused serious physical injury? Questions prosecutors might as include how big the glass pieces were, how many (approximately) fell, where pedestrians below at the time and what was the injury risk to them? "Serious physical injury" is not merely a scratch, but was there a substantial risk (not just a slight risk), for example, that the glass could have caused blindness or a gaping wound?

As far as the alleged stare down with a producer, there are not likely any charges that would be brought unless Brown did more than stare or yell. Did he threaten the producer with violence? Did he menace him with an object? Without knowing more it appears that there is no real crime even if true.

Whether or not ABC presses charges against Brown is yet to be seen. While they may not do so, Brown still has a major issue to contend with. While Brown may not have wanted to answer any questions about assaulting Rhianna, his probation officer in California may have a few questions for him to answer about his alleged behavior in New York.

For extensive information on the crimes of Criminal Mischief as well as the crime of Reckless Endangerment, please follow the highlighted links. Additional information on these crimes can be found with a search of the New York Criminal Lawyer Blog which contains information on criminal statutes, legal decisions and cases in the news.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors.

Related Blog Entry:

Where is the Crime? Jet Blue's Steven Slater Charged with Reckless Endangerment & Criminal Mischief

While Assault, Burglary, Robbery and Weapon Possession are the more common violent crimes prosecuted by Assistant District Attorneys in Manhattan, Brooklyn, Queens and other offices in the New York City region, crimes relating to strangulation are also "on the books." In fact, pursuant to Article 121 of the New York Penal Law, Strangulation and Related Offenses includes three crimes. These crimes are Criminal Obstruction of Breathing or Blood Circulation (NY PL 121.11), Strangulation in the Second Degree (NY PL 121.12) and Strangulation in the First Degree (NY PL 121.13).

Because these crimes are relatively new and there is not a significant amount of information about them, Crotty Saland PC has created an educational website page not for advice purposes, but to educate readers on the law in this area. Obviously, should you be accused of or arrested for this or any other crime, contact a New York criminal lawyer to address the evidence against you as well as the applicable criminal law that you may face.

For additional information on Strangulation and Related Offenses as well as other crimes, please review the Crotty Saland PC website and the New York Criminal Lawyer Blog.

A law practice dedicated to criminal defense, the founding New York criminal defense attorneys at Crotty Saland PC both served as prosecutors in the Manhattan District Attorney's Office prior to starting the law firm.

The New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC have extensive experience prosecuting and defending those charged with or arrested for Assault in New York. This experience on both sides of the law has assisted us in successfully defending teachers, doctors and other professionals charged with violent crimes ranging from New York misdemeanor Assault in the Third Degree (New York Penal Law 120.00) to more serious felony Assault charges.

While no New York criminal lawyer can guarantee a client a specific result based on past outcomes, he or she should be able to educate you on the laws and statutes that are pertinent to the crime(s) of Assault in New York. Armed with this information, you and your New York criminal defense attorney can both identify and implement the appropriate defense to the allegations that you face.

In order to help facilitate the educational process, Crotty Saland PC has created the New York Assault Law & Crime Information Page. This page has numerous links to legal decisions as well as analysis of the Assault charges in New York including Assault in the Third Degree (New York Penal Law 120.00), Assault in the Second Degree (New York Penal Law 120.05) and Assault in the First Degree (New York Penal Law 120.10). Additionally, the New York Assault law and criminal information page has material on how an Assault is magnified or "bumped up" if a weapon or dangerous instrument is used or if the victim is a police officer or MTA employee. Moreover, the New York Assault crimes information page addresses other legal issues that may impact your case such as what constitutes "physical injury" and "serious physical injury." While the New York Assault criminal law page is no substitute for an in depth consultation with your New York criminal lawyer and should not be construed as advice on how to deal with your particular issue(s), it is a beginning point on how to understand Assault in New York.

For further information on other New York crimes, both violent and non-violent, please review the Crotty Saland website or the New York criminal lawyer blog (NewYorkCriminalLawyerBlog.Com) where you can find penal statutes, legal decisions and articles on newsworthy cases. Crotty Saland PC is a New York criminal defense firm representing clients from investigation through trial in the New York City region.

Related New York Criminal Lawyer Blog Assault Pages:

Potential Offers in New York City Assault Cases
A Prosecutor's Weapon: Bumping up Misdemeanor Assault to a Felony in NY
Establishing an Assault Injury: Substantial Pain

Do I need a New York criminal lawyer? I found a credit card in Manhattan and used that credit card to buy a pair of jeans at Macys for $175. I took my friend's credit card and purchased $600 worth of makeup and other accessories in a Brooklyn store without my friend's permission. I used a credit card that was fake and had another person's account number programmed on to it. What is "credit card fraud" and did I commit it? Can I be charged with a felony or go to prison? What are the crimes and potential charges in New York City for credit card fraud?

The following blog entry is a brief analysis of the potential crimes in New York State relating to credit card theft and possession, use of a stolen credit card, counterfeit and fake credit cards and other offenses. These potential crimes range from "A" misdemeanors punishable by up to one year in jail to "D" felonies punishable by up to seven years in state prison.

New York Penal Law 155.30(4) & 165.45(2)

If you steal or possess a stolen credit card, the potential charge is either Grand Larceny in the Fourth Degree (NY PL 155.30(4)) or Criminal Possession of Stolen Property in the Fourth Degree (NY PL 165.45(2)). Both of these crimes are "E" felonies punishable by up to four years in state prison. It is critical to note that you can be charged with this felony for each credit card you steal or stolen credit card you possess. Moreover, the same crime applies to debit cards as well.

Another important issue with these crimes is as follows. If you are accused, for example, of stealing a purse or possessing a stolen purse that contains credit cards in it, you need not have the explicit knowledge that you possessed a stolen credit card, but that you possessed stolen property. Also, possessing a stolen credit card that is canceled or revoked is no different than possessing an operating credit or debit card.

New York Penal Law 170.10

Forgery in the Second Degree is a "D" felony punishable by up to seven years in state prison. You can be charged with the crime of NY PL 170.10 if and when you fraudulently sign the rightful name of the debit or credit card holder on the transaction receipt. Regardless of the value of the items purchased, if you sign this person's name without their permission or authority and you do so with the intent to defraud the store or the credit card company, then Forgery is the applicable charge. The same is true if you sign an illegible name. As long as you complete or draft this written instrument (i.e, the receipt), then you likely perpetrated this crime. Compounding matters, this Forgery may be the basis of another felony that prosecutors can charge. That felony, as will be discussed later, is Identity Theft in the First Degree.

New York Penal Law 170.25

Criminal Possession of a Forged instrument in the Second Degree, like Forgery in the Second Degree, is a "D" felony punishable by up to seven years in prison. NY PL 170.25 is the "sister" crime to NY PL 170.15. The easiest way to look at this crime in the context of credit card fraud is in two distinct examples. The first occurs where you sign a name to the credit card receipt (the Forgery) and, as a result, create the complete and whole transaction record. This finalized receipt that was complete with the signature is the forged instrument. A second example would occur where the credit card itself is a counterfeit or fake credit card. If you possess this fraudulent credit card that appears to be a legitimate card (maybe it has another person's real name or is encoded with a stolen account number) and you have the intent to deceive another with it, then you will likely be charged with Criminal Possession of a Forged Instrument in the Second Degree

Regardless of the crime charged, it is extremely important to recognize that even an accusation of a felony can alter, if not destroy, the career of a student, lawyer, physician, teacher or financial services employee. Even without going to prison, what will be revealed on a background check and what certifications or licenses will be compromised? Whether you are a target of an investigation or you have already been arrested, consulting with an experienced criminal defense attorney before speaking to the police, prosecutors or any law enforcement agent is critical. It could be that without your admission or statement, the prosecution's case will not have the same strength and durability against you.

A second entry dealing with credit card fraud in its various forms will address the additional crimes and degrees of Identity Theft and Falsifying Business Records. However, extensive information on these and other crimes are located on the New York Criminal Lawyer Blog and the Crotty Saland website.

Elizabeth Crotty and Jeremy Saland, our two founding New York criminal defense attorneys, served in the Manhattan District Attorney's Office for six and seven years respectively prior to starting the law firm. Our criminal lawyers represent the accused from investigation through trial in the New York City region.

In what appears to be a tragic case, Brooklyn prosecutors have alleged that a young high school girl and member of the ROTC, Zhanna Smsarian, attacked a fellow classmate, Albina Eshimbaeva, with diluted acid. It is alleged that Ms. Smsarian poured the solution over a 15 year old girl's head out of jealousy stemming from a relationship with a 22 year old man. According to reports, Ms. Smsarian admitted to police that she wanted to burn out her classmate's eyes. Fortunately, it appears as if she was not successful.

According to Web Crims, the Brooklyn District Attorney's Office has charged Ms. Smsarian with numerous felonies including Attempted Assault in the First Degree (New York Penal Law 110/120.10). She is also charged with numerous misdemeanors including Criminal Possession of a Weapon in the Fourth Degree (New York Penal Law 265.01(2)). The felony is punishable by up to fifteen years in prison while the misdemeanors are punishable by up to one year in jail.

Obviously, the theory of the prosecution is that Ms. Smsarian attempted to cause not merely physical injury to her alleged victim, but serious physical injury when she used the acid as a dangerous instrument or vehicle to perpetrate her alleged crime. "Serious physical injury" is a much more significant type of injury and includes disfigurement or loss of the use of an organ. Fortunately, if the charges are accurate online, then Ms. Smsarian was not successful in causing serious physical injury. If she had actually disfigured her classmate with the acid or blinded her, then prosecutors would have charged her with the completed crime of Assault in the First Degree (New York Penal Law 120.10).

What happens next or the type of defense that is mounted will certainly play out over the next few weeks and months. One thing that will be interesting, however, is whether or not the complainant suffered any physical injury at all. According to the NY Post, the complainant's mother claimed that her daughter, who is already back in school, suffered "redness and irritation," but did not mention any type of pain. Mere "irritation" would not rise to the level of physical injury. If this is reflected in the evidence, then the Brooklyn District Attorney's Office may have a difficult time establishing the critical element of physical injury necessary for the felony offenses and Assault related misdemeanor. Taken a step further, if the acid was so diluted that it could not cause "physical injury" or "serious physical injury," but only "irritation," then the crime of Criminal Possession of a Weapon in the Fourth Degree would be compromised as well. It is possible that the only potential charge that could remain would be Harassment pursuant to New York Penal Law 240.26. This offense is only a violation and not a crime.

In depth information regarding the New York Assault crimes and Weapon Possession crimes in New York can be found through the respective links. Further information including statutes and case law about these and other crimes (review the related sections) can be located on the New York Criminal Lawyer Blog.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City area from Manhattan, Queens, Brooklyn and the Bronx to many of the surrounding counties.

Manhattan District Attorney Cyrus Vance, Jr. is in an unenviable predicament. One one hand he has Oscar Fuller, a man with a criminal record who is not a particularly sympathetic fellow, and in the other, Lana Rosas, a petite woman potentially on the edge of death or a vegetative life. Politically, "throwing the book" at Fuller is a no-brainer. Yet, is the charge of felony Assault in the Second Degree, New York Penal Law section 120.05(1), truly the right charge in this case or is it really just a reach? In DA Vance's defense, because of the extent and nature of the injury to Ms. Rosas, he likely had no other choice but to present the matter to a Grand Jury to make the charging decision - and it did just that. The Grand Jury indicted the defendant on the charge of Assault in the Second Degree, a felony. The question that now has reared its head is whether the sadness and despair of this case played too great a role in the grand jury's decision making process or did an objective view of the evidence dictate that Mr. Fuller's actions were felonious?

Before proceeding any further, there are a few statements I must make. First and foremost, I do not think many people can grasp the pain that has fallen upon Ms. Rosas and her family. Regardless of the criminal charges, they have all suffered and we all hope that she can recover to live a normal life. Second, none of us, outside of those intimately involved in the case, know the evidence and facts beyond what we read or see in the local media. Because of this, in assessing this case, I will address the blog entry in a more vague approach while trying to tie it back to Mr. Fuller's case. That is, if a person strikes another person once with his fist, and as a result, the victim suffers a horrific injury such as as swelling in the brain and a resulting coma, is the appropriate charge a felony or misdemeanor Assault?

In analyzing any Assault case, It is critically important to understand the intent element of the varying degrees of this offense even assuming the injury is extensive. Assault in the Third Degree, New York Penal Law 120.00(1), occurs when one has the intent to cause physical injury and actually causes physical injury to the person he strikes. Assault in the Second Degree, New York Penal Law 120.05(1), occurs when one has the intent to cause serious physical injury and actually causes serious physical injury to the person he strikes. The difference between the "A" misdemeanor crime punishable by up to a year in jail and the "D" felony offense punishable by up to seven years in state prison hinges on the word "serious."

Generally, "physical injury" is often defined as substantial pain or an impairment of one's physical condition. This type of injury can be as insignificant as a bloody fat lip that hurts pretty badly for a couple of days. "Serious physical injury" on the other hand is defined as a "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ." Obviously, these definitions are drastically different.

Keeping the above definitions in mind, if person one, in this case a man, punches a much smaller person two, in this case a woman, only once, what is the appropriate charge? Since more facts are needed, let's say this one punch causes the women to fall to the ground, as in the Fuller case, and strike her head on the concrete resulting in a coma and life long brain damage. Alternatively, let's say the woman never struck her head on the ground, but the one punch to the nose or head caused the same result. Again, what is the appropriate charge?

Clearly, the end result is "serious physical injury." But as we noted earlier, one's intent is critically important and an element of this crime. Did the man who threw one punch have the intent to "merely" cause physical injury such as a black eye or a fractured nose or did he have something much more devious in mind such as shattering an eye socket causing blindness or, as in our facts, brain trauma and a coma?

Fortunately, there is no machine that can read all of our minds and ascertain what we are thinking on a regular basis. Unfortunately, intent is often hard to determine. Can one punch in the heat of the moment be the basis of the intent to cause "serious physical injury?" Objectively, in your average street altercations (if there is such a thing as "average"), are combatants looking to disfigure or destroy the organ of their adversary? Regardless of the answer to these questions, intent can be formed in a moment and should not be confused with pre-mediation. But without more than one punch, proving someone had the intent to cause serious physical injury with that life altering strike is a difficult task (that is not to say it should not be pursued).

Some ground level questions that should be asked might be as follows:

What, if anything, did the defendant say before and after he threw the punch?
Did the defendant strike the complainant after she was on the ground"
What was the defendant's posture after? Did he stand over her, mock her or get down in her face and curse her?
Was the punch a full on swing or a smaller jab?
Was the woman standing up when she was struck or was her head close to a wall or ground where the argument can be made that he knew it would "crash" into the concrete?

Looking at this case from the outside, we all feel for the complainant and her family. Subjectively, we all probably would agree as sons and daughters and mother ad fathers that potentially one year in jail on a Third Degree Assault in exchange for putting someone in a coma is "not enough." However, for better or for worse, the law is the law. If Mr. Fuller intended only to punch Ms. Rosas once and giver her a black eye or big welt on her head, but instead she suffered this horrific injury, the answer is clear. Without intending to cause this "serious physical injury " he is only liable for misdemeanor Assault in the Third Degree. Whether the evidence before a jury will establish otherwise or whether that same jury is swayed by the extent of the injuries is something that only time will tell.

Extensive information on the varying degrees of Assault in New York can be found on the Crotty Saland website as well as the New York Criminal Lawyer Blog (review the section for Assault in both).

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City region in all states of criminal cases from investigation through trial.

You were arrested in Manhattan, Brooklyn or Queens and given a shoplifting Desk Appearance Ticket (DAT or D.A.T.) charging you with New York Penal Law 165.40 (Criminal Possession of Stolen Property in the Fifth Degree) or New York Penal Law 155.25 (Petit Larceny). You are a teacher, lawyer, physician or you work in finance. The collateral consequences beyond a conviction are enormous for you in terms of your career. Compounding matters, when store security grabbed you and brought you into the backroom, they bullied you into signing a "Trespass Notice" and financial forfeiture or restitution agreement. Even worse, they just snapped a photo of you with a digital camera. It is fairly clear that you need a New York criminal lawyer to advance your best defense to avoid any blemish on your clean record, but you need to discuss with that shoplifting New York criminal defense attorney what you just signed away in the backroom of Macys, Bloomingdales, Century 21 or any other department store in New York City.

What is the Trespass Notice

Whether or not your New York criminal lawyer has the ability to ultimately get the shoplifting case against you dismissed or dropped to an adjournment in contemplation of dismissal (ACD), there are certain realities you must face. One of those realities is that you likely were asked (or bullied) to sign or actually signed a Trespass Notice.

Whether it is Manhattan, Queens or Brooklyn or Century 21, Duane Reade or Bloomingdales, the Trespass Notice is generally the same. That is, the store is revoking your right to set foot inside for a certain period of time. In fact, most of the standard agreements dictate that your right to be present in their establishment at any location is revoked. In other words, your right to go to Macys in Manhattan, Brooklyn or Westchester has been terminated.

Even if you did not sign this agreement, the record of that agreement is preserved. Even worse, often times a digital picture of you is taken to be associated with the date, time and location of the alleged shoplifting or theft. This information is then maintained the stores database.

What Happens if I Ignore the Trespass Notice and Return to the Store

If you return to a store where a Trespass Notice has been issued, then you may be charged with a new misdemeanor crime of Trespassing. Even worse, if the store security and prosecutors can establish that you had the intent to steal again, then a Trespass misdemeanor is the least of your worries as you may now be charged with Burglary in the Third Degree (New York Penal Law 140.20). Burglary in the Third Degree is a "D" felony punishable by up to seven years in state prison.

If My New York Criminal Lawyer Beats My Shoplifting Case Does the Trespass Notice Disappear

The short answer to the above question is "no." The criminal case is an entirely different matter and has no impact on the Trespass Notice action. In fact, although it will not be discussed in this entry, the civil action against you in the amount of hundreds of dollars by the store can proceed as well (please follow the link for information on civil actions by department stores through the use of New York General Obligations Law Section 11-105)

While I do not dispense out advice over the internet and you should consult with a New York shoplifting criminal lawyer should you be charged with either New York Penal section 155.25 or New York Penal Law section 165.40, one thing is certain in the realm of Trespass Notices. Take them seriously. Very seriously. The last thing a young college graduate, school teacher or even a stay at home mother needs to be facing is a felony charge.

Beyond the links above, practical and useful analysis of shoplifting laws, legal decisions and general guidelines followed by prosecutors can be found on the Crotty Saland PC website as well as the New York Criminal Lawyer Blog. A search for terms such as "shoplifting," "Desk Appearance Ticket" and "155.25" on the criminal law blog will reveal a tremendous amount of educational information. The following are some sample educational articles:

Potential Offers for First Time Shoplifters in Manhattan
Arrested for Shoplifting without Leaving the Store
Shoplifting Arrests & State Action Hearings: What are Your Rights Against a Security Guard

Founded by two former Manhattan Assistant District Attorneys, the New York criminal defense attorneys at Crotty Saland PC represent clients arrested for, charged with or issued Desk Appearance Ticket in connection with the crimes of shoplifting in New York City.

You have been arrested or indicted for Grand Larceny and Embezzlement in New York. Maybe the case has not reached that point, but you are the target of an Embezzlement and Grand Larceny investigation by New York City prosecutors or law enforcement in the surrounding counties. The fear you have is almost paralyzing. What will happen to me? Will my career be destroyed? Will friends and family find out? Will I go to prison?

While the questions may be numerous and differ from person to person, one question is unavoidable. How do I find the right New York Embezzlement criminal lawyer or New York criminal Grand Larceny attorney? Prepare yourself. You may only have one chance to answer this question correctly.

Finding the right criminal lawyer will not be easy. There is no quick answer to the "best criminal lawyer question." At a minimum, you should start your search by educating yourself on the laws and crimes of Grand Larceny and the laws and crimes of Embezzlement in New York. Upon doing so, you will be prepared to ask the relevant questions to identify and implement your defense and discuss the relevant legal issues with your criminal lawyers.

Beyond understanding the law, you should discuss with your potential counsel what, if any, practical experience he or she has had defending clients prosecuted for crimes involving Embezzlement and Grand Larceny. Has he or she responded to subpoenas by Grand Juries? Has the criminal defense lawyer advised clients during an investigation as opposed to merely post-arrest? Regardless, have they discussed the Grand Jury and indictment process with clients and advised them about the pros and cons of testifying in the Grand Jury? Is the criminal defense attorney you consult with an attorney who is familiar with the associated crimes that can be charged in an Embezzlement indictment such as Falsifying Business Records, Forgery, Criminal Possession of a Forged Instrument and Identity Theft? Is he or she familiar with the collateral consequences should you be convicted such as those involving certifications, licensing and immigration?

While past result do not guarantee future success, has the lawyer handled cases involving allegations similar to yours in both scheme and alleged monetary losses? What have those results been and what were the defenses and plans of action in those cases? Could those defenses, with a slight alteration, work for you? Has the criminal defense attorney represented clients in the particular county where your case is being prosecuted such as Manhattan, Brooklyn (Kings), Queens or Westchester? While the majority of cases do not actually make it to trial, what is the attorney's experience in the courtroom?

Each case of alleged Grand Larceny and Embezzlement is unique and each case will likely require a different strategy and different defense. Don't be bamboozled by a lawyer who handles criminal law as a fraction of his or her practice. Anyone can masquarade as an Embezzlement criminal defense lawyer, but you need to ask the right questions to put yourself in the best position possible to fight the allegations. Without compromising privacy issues, get specifics about the attorney's past cases and plans on how he or she will protect your freedom and future.

Crotty Saland PC is a New York City law firm almost exclusively devoted to criminal defense in New York City and the surrounding region. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland PC have not only successfully represented clients in allegations of Embezzlement and Grand Larceny, but have prosecuted those accused of the same as Assistant District Attorneys.

Extensive information on the New York crimes of Grand Larceny and Embezzlement can be found on the associated links. Additional information, including the Grand Larceny and Embezzlement "primer" can be found on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) by reviewing the Theft Section of the blog or searching for "Embezzlement" and "Grand Larceny." Further information on Falsifying Business Records, Forgery, Criminal Possession of a Forged Instrument and Identity Theft can be found through the respective links as well.