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Articles Posted in Non-Violent Crimes

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Arrests for NY PL 260.10: Can Arguing and Pushing Parents Violate Endangering the Welfare of a Child

More than most crimes in New York, Endangering the Welfare of a Child, New York Penal Law 260.10, is a nebulous and vague charge that leaves a great deal of discretion and interpretation in the hands of the prosecutor and the judge. The most commonly invoked section of the Endangering…

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New York Crimes Involving Houses of Worship and Religion: Felonies Against Churches, Mosques, Temples and Synagogues

Tension between religious groups and ignorance about others’ religious beliefs can manifest its head in very ugly and illegal ways. Sometimes it is violence against individuals who share a different religion while other times the target of these attacks are the physical houses of worship – synagogues, churches, mosques, temples…

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Damaging a Statute or Other Property in New York: Understanding Criminal Mischief and Criminal Tampering Crimes

During summer 2017, a New York man, David Hedeen, was arrested and charged with Criminal Mischief when he vandalized four statues outside of a church in SoHo. The case highlights how seriously New York State and her prosecutors deal with crimes of vandalism. Simply, no statue, or any property of…

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Aggravated Harassment Arrests: Does a “Conditional Threat” Satisfy the “True Threat” Requirement of NY PL 240.30

While not always a domestic crime or family offense, arrests for Second Degree Aggravated Harassment in New York are fairly common in the marital, parent-child and intimate partner context. However, whether the partners have a sexual, physical or familial relationship is of no consequence. Business partners, friends and acquaintances can…

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Tampering with Physical Evidence: Is Throwing Drugs or Contraband to the Ground Prior to or During an Arrest a Crime in New York

Although not exclusive to drug and marijuana crimes, otherwise fairly simple offenses such as Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03, and Fifth Degree Criminal Possession of Marihuana, New York Penal Law 221.10, are often complicated when the police not only arrest a person…

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New York Gambling Crimes: What Must I do to Advance from Gambling Activity in a Promoting Gambling Arrest

Black jack is fun. At least, I enjoy it…in Las Vegas. Some people like to play poker. Others simply put money – big and small dollars – on NFL, NHL, NBA and MLB games. Toss in college sports, there is no shortage of gambling opportunities. While some jurisdictions allow or…

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Second Degree Aggravated Harassment: Is Threatening to Hurt Someone Always a Threat to Cause Physical Harm

While I certainly do not condone violence, if you punch someone two or three times in the face with a clenched fist, bloody up their mouth and cause them to go to the hospital for a stitch or two, an allegation of Third Degree Assault would likely survive a criminal…

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New York Criminal Contempt: Can Prosecutors File a Legal Complaint without Naming the Protected Party or Victim

I’ve been arrested for Second Degree Criminal Contempt. I don’t understand why I am being prosecuted for New York Penal Law 215.50. How can the police arrest me or the DA prosecute me without naming the victim or protected party? While I may have posed those questions as a New…

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Endangering the Welfare of a Child: NY PL 260.10 Crimes and “Home Alone” Theories of Prosecution in New York

Endangering the Welfare of a Child, New York Penal Law 260.10, is not only an embarrassing  crime to face, but one that by its nature gets the attention of judges, prosecutors and child protection agencies such as Child Protective Services (CPS) and the Administration for Child Services (ACS). Domestic in…

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When Fun Times on Mischief Night and Halloween Become Criminal: Vandalism, Property Damage and Criminal Mischief

Its the same two nights every year throughout New York State. Mischief Night followed by the main event, Halloween. For preteens in costumes of all shapes and sizes, Halloween is about trick-or-treating and scarfing down way too much candy. For parents of little boys and girls, it is about dressing…

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