Close

Articles Posted in Non-Violent Crimes

Updated:

When Sharing Cigarettes is a Crime: The Low Level Threshold for Prosecuting Endangering the Welfare of a Child (NY PL 260.10) in New York

Whether its the Administration of Children’s Services (also called “ACS”), the New York City Police Department or a prosecutor from Manhattan to Brooklyn or anywhere in the State, being accused of a crime that endangers or threatens a child’s well being is a serious matter. Arguably, even the mere allegation…

Updated:

Attempted Endangering the Welfare of a Child: When Does Your Conduct Cross the Criminal Line for a NY Arrest

An arrest in New York for Endangering the Welfare of a Child is one of the more serious misdemeanor crimes in the New York Penal Law. Generally speaking, its not that one “A” misdemeanor is more serious than another (all “A” misdemeanor crimes are punishable by as much as one…

Updated:

Understanding Official Misconduct & Obstructing Governmental Administration with a “Brady” Twist: NY Penal Law Sections 195.00 & 195.05

Being charged with and arrested for any misdemeanor crime in New York is no walk in the park. A New York criminal defense attorney need not advise you of this obvious fact. The reality is, any accusation has significant and collateral consequences. When the crimes involve some alleged form of…

Updated:

Falling Like a House of Cards: Resisting Arrest Dismissed as a Result of Legally Insufficient Claims of Disorderly Conduct

One of the more common ways the police and prosecutors can amplify an otherwise insignificant event is by alleging, and ultimately arresting a person for, Resisting Arrest (New York Penal Law 205.30) or Obstructing Governmental Administration in the Second Degree (New York Penal Law 195.05). That is not to say…

Updated:

Resisting Arrest: The Necessity of an Authorized Arrest & the Right to Object to Unlawful Police Conduct

One of the most frustrating crimes that New York criminal lawyers must defend against is the crime of Resisting Arrest. Although New York Penal Law 205.30 is not as serious a crime as a felony offense, it is frustrating because for every legitimate Resisting Arrest charge that is prosecuted, there…

Updated:

25 Defendants Arrested & Indicted in Queens Gambling Bust: DA Claims PinnacleSports.Com, JazzSports.Net, Wager4You.Com and PlayHera.Ag Violated Criminal Laws

Queens District Attorney Richard Brown has once again flexed his prosecutorial muscle and demonstrated that the epicenter of white collar crime may have shifted to one of New York’s outer boroughs. According to a press release, Queens prosecutors obtained an indictment charging Enterprise Corruption (one of New York’s most serious…

Updated:

Mere Presence of a Child in a Physical Dispute: When Conduct Not Aimed at a Child is the Basis for a New York Endangering the Welfare of a Child Arrest

People are arrested for Endangering the Welfare of a Child (New York Penal Law 260.10) based on a variety of allegations. While some are clear and obvious, other crimes in New York and arrests for Endangering the Welfare of a Child are not so blatant. In People v. Nadine Brown,…

Updated:

Batchuta the Tiger’s Playmate Arrested for Trespass: Insanity Defense for David Villalobos’ Bronx Zoo Escapade?

David Villalobos, the young man arrested for allegedly wanting to “become one” with a Bronx Zoo tiger, is far from the first New Yorker to commune so closely with nature. Antoine Yates, a/k/a, the “Tiger Man of Harlem,” has that distinct “honor.” In fact, as a prosecutor in the Manhattan…

Updated:

When Remaining Silent May be Your Best Criminal Defense: Making Graffiti & the New York Police Department’s Vandal Squad

Every so often there is a story that is worth repeating when it comes to criminal defense in New York. As I have noted countless times in my blog entries and directly to clients, speaking to a detective or police officer with the NYPD or an Assistant District Attorney without…

Updated:

Obstructing Governmental Administration in the Second Degree: Understanding What Types of Actions Validate a NY PL 195.05 Arrest

All crimes in New York, whether you are arrested in Manhattan or somewhere in Westchester County, have specific elements that prosecutors must prove beyond a reasonable doubt. While some elements are fairly straight forward, other elements have their own legal definitions or case decisions that are utilized to explain or…

Contact Us