New York Criminal Lawyer Blog

Crotty Saland PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Bribery law and Bribery crime information page. The statutes in the New York Penal Law that address Bribery are New York Penal Law sections 200.00, 200.03 and 200.4. These crimes are Bribery in the Third, Second and First Degrees and are punishable by up to seven, fifteen and twenty five years in prison respectively.

It is important to note that in the realm of Bribery arrests, charges and indictments, there is often confusion by those not familiar with the criminal law in New York. First, Bribery, regardless of the degree, involves public servants and not private citizens. Second, if you pay a public servant for conduct he or she has already done, as opposed to paying to influence a future action, the crime is likely not Bribery. Instead, that crime is likely Rewarding Official Misconduct.

While the Bribery information page is not a substitute for an in depth consultation with your New York criminal lawyer as to the elements of Bribery and your specific defenses to the allegations, it does provide a place where you can educate yourself on the crimes to further ensure that your conversation and consultation with your Bribery criminal defense attorney will be thorough.

For additional information on white collar crimes, including Bribery, legal decisions and newsworthy cases, please review the New York Criminal Lawyer Blog or go directly to the Crotty Saland PC website.

Crotty Saland PC is a Manhattan criminal defense firm representing the accused from investigation through trial in the New York City area.

Related Blog Enties:

Differentiating Bribery from Rewarding Official Misconduct in New York
Breaking Down Bribery in New York

New York weapon possession lawyers and New York City criminal defense attorneys often have to contend with a penal code that can be voluminous and complicated. In the realm of weapon crimes, one statute may contain five, six or many more subdivisions with specifically defined words that are directly relevant as to whether or not a crime has been committed. Specifically, New York Penal Law section 265.01(1) or CPW 4, is littered with these subdivisions and defined terms. The following blog entry will deal directly with what types of objects constitute a weapon and ultimately a crime in New York regardless of the manner in which that weapon or object was used (if at all). These laws apply to weapon crimes and charges regardless of whether you were arrested and processed or issued a Desk Appearance Ticket.

New York Penal Law 265.01(1) makes it a misdemeanor crime anywhere in New York to possess certain "automatic weapons." That is, if you merely possess any of the following items (its is not an exclusive list) you are guilty of an "A" misdemeanor punishable by up to one year in jail. Obviously, there may be a defense that you have - was the recovery of the gravity knife or switchblade knife the result of an illegal search or is the alleged weapon not in fact what the police claim? But barring a defense and other means of mitigation, there are serious ramifications for your possession in terms of both your criminal record and your career.

New York Firearm Possession

Generally, a "firearm" is defined as any revolver or pistol. However, the definition includes other types of guns with certain lengths or modifications. A "firearm" does not include legally defined antique firearms.

New York Gravity Knife Possession

A "gravity knife" has a blade that is released as a result of the user manipulating gravity (flinging it open) or with centrifugal force. Once open, the blade must also lock into place. This type of knife should not be confused with a "butterfly knife."

New York Switchblade Knife Possession

A "switchblade knife" is any knife where in the handle a button is pressed causing the blade to release by a spring or similar device.

New York Electronic Stun Gun Possession

A "stun gun" is defined as a device whose primary design is for use as a weapon. The purpose of this weapon is to stun another person or even knock out that other person through the use of a an electric shock.

New York Pilum Ballistic Knife Possession

Similar to a "switchblade knife," a "plum ballistic knife" is any knife that contains a blade that can be projected from the handle when a button, spring, lever or similar release device is pressed.

New York Metal Knuckle Knife Possession

A "metal knuckle knife" is a weapon that has a blade that may be open or closed. When closed, the blade as well as the knuckles cannot function, but when opened, but the blade and the knuckles can function. It is important to note that although a specifically articulated weapon in this statute, "metal knuckles" are not defined in the New York Penal Law, but through legal decisions and case law.

New York Chucka Stick Possession

A "chucka stick" is a weapon that is often referred to as "nunhchakus." "Chucka sticks" are objects designed for the primary purpose to be used as weapons and contain two or more lengths of rigid material (often wood or metal) that are connected by a rope or chain. This design allows the free movement of one end while the other is being held.

Despite the fact that the New York Penal Law under Article 265 identifies specific weapons which are criminal to possess, the statutes do not actually define each term. Compounding matters, even these terms have been reviewed and analyzed by the courts. The following are some examples as they relate to and define "gravity knives," "butterfly knives" and "metal knuckles."

• Is a "Butterfly Knife" a "Gravity Knife" Pursuant to New York Law

• What Defines a "Metal Knuckle" in the New York Criminal Justice System

• Is it Enough for the Police to Merely Conclude You have a Weapon

Unfortunately for many people, the first time they read or research what constitutes weapon possession in New York State and New York City or the first time they educate themselves on the criminal law, is after they have been arrested or issued a Desk Appearance Ticket. Equally unfortunate, ignorance of the law is no defense to your possession of a switchblade knife or gravity knife. Beyond the criminal reality that most District Attorney's Offices in New York City and the region do NOT make an initial offer to weapon crimes at arraignment and potentially beyond, the collateral consequences to a teacher, lawyer, physician, financial services employee or any other professional is tremendous. As a result, it is imperative to sit down with the counsel of your choice, ascertain or develop a potential defense - whether legal, factual or mitigation - and put that defense into motion.

For a wealth of information and other related articles regarding New York weapon crimes, statutes and legal analysis as well as information on Desk Appearance Tickets in New York City, click through the hyperlinks to content of our New York Criminal Lawyer Blog or Crotty Saland PC website. Although nothing contained on this or other Crotty Saland PC websites is advice in your particular case, the entries will give you the basic knowledge and education to better understand the charges you face so you can have a more informed consultation with your legal counsel.

Crotty Saland PC is a New York City based criminal defense firm founded by two former Manhattan Assistant District Attorneys. The New York criminal lawyers at Crotty Saland PC represent the accused in felony and misdemeanor weapon crimes, arrests and investigations throughout the New York City region.

Whether you have been arrested in New York for Offering a False Instrument for Filing in the Second Degree (New York Penal Law 175.30) and need to consult with a New York Criminal lawyer or you are the target of a New York City theft scheme involving the crime of Offering a False Instrument for Filing in the First Degree (New York Penal Law 175.35) and want a grasp on the law governing these crimes, Crotty Saland PC's Offering a False Instrument for Filing information page is a good source for education. While no substitute for advice from the attorney with whom you thoroughly vet your particular case, the Offering a False Instrument for Filing information page can provide you with the basic understanding of the crimes in New York.

Generally, the crime of Offering a False Instrument for Filing occurs when you know that a written instrument has false information, but you still present it to a public office (or servant). Further, you must do so knowing or believing that it will be filed in some manner with that public office. The case is increased to the First Degree offense when you also have an intent to defraud. NY PL 175.35 is a felony punishable by up to four years in prison while NY PL 175.30 is a misdemeanor punishable by up to one year in jail. It is important to note that many times, the crime of Offering a False Instrument for Filing is associated with other more serious felonies including Grand Larceny, Enterprise Corruption and Criminal Possession of a Forged Instrument. In other words, Offering a False Instrument for filing is potentially a serious felony, but may only be a smaller part of a more serious scheme.

For in depth information on the crime of Offering a False Instrument for Filing, please follow the highlighted links above. Extensive information on the crimes of Grand Larceny, Enterprise Corruption and Criminal Possession of a Forged Instrument can be found through their respective links above as well. Beyond the Crotty Saland PC website, information on these and other crimes can be found through a search of the New York Criminal Lawyer Blog where criminal statutes, analysis of legal decisions and commentary on cases in the news can be found.

Established by two former Manhattan prosecutors, Crotty Saland PC is a New York criminal defense firm focused on defending and representing the accused throughout New York City and the region.

The New York white collar criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC are pleased to announce a successful disposition for a client charged in an alleged Enterprise Corruption and Grand Larceny scheme involving multiple millions of dollars. Our client, a physician, had been indicted by a New York County Grand Jury for his alleged involvement in a scheme to perpetrate insurance fraud. It was claimed by prosecutors that phony patients would see the physician as well as his colleagues and that the physician would fraudulently bill medicaid. In all, the State of New York claimed our client, in concert with other physicians and specialists, bilked the government out of more than six million dollars.

Compounding matters, prosecutors alleged in a second indictment that our client had violated a restraining order after much of his assets were frozen. It was alleged that our client accessed certain monies without prior permission. The second indictment charged Contempt and Falsifying Business Records. Our client faced up to eight and one third to twenty five years in prison on the First Enterprise Corruption and Grand Larceny indictment and a consecutive one and one third to four years in prison on the second Contempt and Falsifying Business Records Indictment.

Although it took some time, extensive negotiations and legal wrangling, our client obtained an extremely favorable disposition where he avoided going to state prison and was required to make partial restitution. Although our client accepted some responsibility for his actions, we argued that much of what occurred did so without his knowledge or involvement. The deal obtained for the client by Crotty Saland PC seemed even greater after the other defendants, who refused to negotiate and take some responsibility for their actions, were convicted after a costly trial. The trial not only lasted in excess of six weeks, but the Court sentenced one of the men to one and one half to four and one half years in state prison and the other to two and one half to seven and one half years in state prison. Both were required to pay similar restitution.

For this particular client, the reality was that he was not going to avoid a criminal conviction even though he was not involved in or aware of the scheme in its entirety. Moreover, even if we were successful in litigating the initial indictment, the second indictment was that much more formidable. Fortunately, the New York criminal lawyers at Crotty Saland PC mitigated the offenses and disposed of the two indictments while keeping our client from serving time in state prison.

The former Manhattan prosecutors at Crotty Saland PC represent the accused throughout New York City and the region. Before establishing the criminal defense practice, both founding members served as prosecutors under Robert Morgenthau and were lead prosecutors on multi-jurisdictional and multi-million dollar fraud investigations. For additional information on the crimes listed above, please review the respective links and go to the New York Criminal Lawyer Blog where extensive information on these and other crimes can be found.

Prior Results Do Not Guarantee Future Outcomes

The New York criminal lawyers at Crotty Saland PC are pleased to announce the dismissal of all charges against a client in a New York County (Manhattan) Criminal Court. Our client had been arrested for and charged with Assault in the Third Degree (New York Penal Law 120.00), Endangering the Welfare of a Child (New York Penal Law 260.10) and Harassment in the Second Degree (New York Penal Law 240.26). Unquestionably, this dismissal was the best result our client could have hoped for.

Police arrested our client after the father of her child claimed she attacked him in a hospital room where the child was receiving medical treatment. Unfortunately, the child suffers from a serious physical issue. The complaint against our client alleged that she struck the "victim" with her closed fist and elbow in his face while also scratching his face and neck. Because the six month old child was in the hospital room at the time of the alleged altercation, our client was also charged with Endangering the Welfare of the Child.

From the onset of the case, the New York criminal defense attorneys at Crotty Saland PC aggressively denied the charges against our client in their entirety. We not only informed the District Attorney's Office that the complainant was trained in martial arts, but he had also left numerous voice messages on our client's mobile phone prior to the alleged incident. One of those messages stated in substance that our client would get what was coming to her. Although not directly relevant to the incident, we established through other records and evidence that our client was almost the exclusive care provider for their daughter. Prosecutors were willing to move for an adjournment in contemplation of dismissal (ACD) whereby the case would be dismissed in one year (this was a "domestic" case). After denying that offer, we asked for a trial. Not only was our client willing to testify that she never did what was alleged, we knew that the only "evidence" prosecutors had was the word, or lack thereof, of the complainant. This lack of strong evidence on the part of prosecutors and corroboration that the complainant had recently "threatened" and harassed our client through emails and phone calls, was convincing enough for prosecutors to move to dismiss the entire case against our client.

As always noted in each case result achieved by Crotty Saland PC, whether an allegation is violent or white collar in nature, each case is unique. How you decide to proceed in your specific case is something you should thoroughly vet with your own criminal attorney. A past result by one attorney in one case cannot guarantee a similar outcome in the future. Whether your defense is mitigation, challenging the admissible evidence, trial or some other approach, work with your attorney to put yourself in the best position possible.

For comprehensive information on the crimes of Assault and Endangering the Welfare of a Child as well as information on the violation of Harassment, please select the highlighted links above. Additional information on these and other crimes, as well as analysis of newsworthy cases and legal decisions, can be found through a search on the New York Criminal Lawyer Blog.

Founded by former Manhattan prosecutors who served in the New York County District Attorney's Office, Crotty Saland PC represents the accused throughout the New York City region.

While handing a New York City Desk Appearance Ticket may be something that a Desk Appearance Ticket lawyer or New York criminal defense attorney is familiar with, people who receive these tickets are often left asking questions and generally confused. Although the following blog entry is not legal advice or a substitute for an in depth consultation with your own Desk Appearance attorney or New York criminal lawyer, the following should answer some of the basic questions you might have.

Is a New York City Desk Appearance Ticket the Same Thing as an Arrest

Whether or not you are ultimately convicted or the case is dismissed, you have been arrested and "printed." An arrest and a conviction giving you a criminal record are separate and distinct. Having said that, there are provisions in the New York State Criminal Procedure Law that specifically state that a dismissal of your case deems the underlying offense a "nullity." Although that is New York law, before ever signing off on a contract or employment application that you have not been arrested, it is imperative to first thoroughly vet this issue with your own New York criminal lawyer.

What Crimes can be Charged on a Desk Appearance Ticket in New York

A Desk Appearance In New York City - from Manhattan and Brooklyn to Queens and the Bronx - can charge most misdemeanors and "E" felonies. There are knife possession and weapon possession Desk Appearance Tickets (NY PL 265.01), Drug and Controlled Substance Possession Desk Appearance Tickets (NY PL 220.03), Shoptlifting, Petit Larceny and Stolen Property Desk Appearance Tickets (NY PL 155.25 and 165.40), Assault Desk Appearance Tickets (NY PL 120.00), Criminal Mischief Desk Appearance Tickets (NY PL 145.00), Theft of Services Desk Appearance Tickets (NY PL 165.15), Aggravated Harassment Desk Appearance Tickets (NY PL 240.30) and many more.

Can I be Charged with More Than the Crime Drafted on the Desk Appearance Ticket

Merely because your Desk Appearance Ticket charges one crime does not mean the prosecution is bound by what appears on that ticket. Prosecutors can elevate crimes to more serious offenses or add additional crimes when they draft the complaint against you. For example if you are arrested and given a Desk Appearance Ticket for shoplifting, your Desk Appearance Ticket may read NY PL 155.25 or NY PL 165.40. When you see the judge, the complaint may include both charges or be elevated to a felony depending on the value of the property.

Who is Eligible for a New York City Desk Appearance Ticket

Generally, if you are local in the New York City area or you have an address that the police can confirm, you will be eligible for a NYC Desk Appearance Ticket. Additionally, the crime cannot be one involving domestic violence or a felony offense greater than an "E" felony. These are just some of the basic parameters.

Will a Pending Desk Appearance Ticket Show Up on a Background Check

Sadly, whether or not you are later exonerated, once you are printed and a police complaint is drafted, there likely will be some form of a "record." Certainly, once you are arraigned and see the judge, an employer's background check into your criminal history will reveal your arrest.

The Cops Told Me I would get a Slap on the Wrist. Is this True

This is purely not the truth in many cases. First, the police are not the prosecutors. They cannot dictate what will happen in your case. Second, even assuming a "slap on the wrist" might happen, this means different things to different people. A violation may not have an impact on the future of an artist, bartender or self employed person, but if you are a doctor, teacher, lawyer, financial services employee or other type of professional, even a "slap on the wrist" can potentially destroy your career. Further, a common offer in many criminal cases is a Disorderly Conduct violation. Infamously, these dispositions have been known to "pop" on background checks. A criminal lawyer does not need to tell you about the ramifications to your career today or in ten years what that Disorderly Conduct may have.

The bottom line, many New York Desk Appearance Tickets - whether it is an Assault, Drug Possession, Shoplift or some other crime - will not merely just go away with an automatic "slap on the wrist." You may not believe that now, but could suffer the reality in two, five or ten years. By then, it will be too late to fix the mistake you compounded with bad legal decisions.

For a wealth of information on New York City Desk Appearance Tickets, follow the respective link to the Desk Appearance Ticket section of the Crotty Saland PC website. There you will find the link to the related section of the New York Criminal Lawyer Blog. Information on the respective crimes listed above can be found through the links as well.

The New York Desk Appearance Ticket lawyers at Crotty Saland PC represent clients in all stages of criminal litigation form arrest through trial in the New York City area. Before starting the criminal practice, both founding partners served as prosecutors in the Manhattan District Attorney's Office.

If a conviction for a felony in New York was not bad enough, New York Penal Law section 80.00 sets forth the potential fines that could accompany a felony plea or a felony conviction. Pursuant to New York Penal Law 80.00(1), a court can fine a defendant the greater of (a) five thousand dollars ($5,000) or (b) two times the amount of the monies or property that the defendant gained from his or her crime. If there is a felony conviction for a drug or marijuana offense, there is a distinct and separate fine schedule.

"Gain" is defined not merely by what was misappropriated, whether it be money or property, but by the value obtained less what has been returned. In other words, if $10,000 was stolen, but $2,500 was returned to a victim, the "gain" would be $7,500. Should the evidence not clearly establish this gain, your New York criminal lawyer may demand a hearing on the issue where the court can ascertain the appropriate number.

For information on misdemeanor and violation fines in New York (NY PL 80.05), please follow the link.

Additional content on New York criminal statutes, legal decisions and interesting cases in the news can be found on the New York Criminal Lawyer Blog.

Representing clients in the greater New York City area, the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC handle all stages of criminal litigation from investigation and arrest through hearings and trial.