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Articles Posted in Violent Crimes

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New York Firearm Lawyer Secures Non-Criminal Violation & Future Dismissal for Two Out-of-State Licensed Gun Owners Charged with PL 265.03

Having both prosecuted individuals as a Manhattan Assistant District Attorney and defended clients arrested and charged with Penal Law 265.03, Criminal Possession of a Weapon in the Second Degree, as a New York gun possession lawyer, I have learned over the past 22 years that New York’s firearm laws can…

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Understanding New York’s Protesting, Looting and Curfew Crimes: Potential Charges and Punishment

What can I be arrested for if I violate curfew in NYC? What can the NYPD charge me with if I am caught unlawfully entering a store through a broken window? Is it a felony or misdemeanor to burn a vehicle or damage a building? By no means covering all…

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New York Bail Reform 2020: Qualified Offenses, Bench Warrants and Bail Revocation Hearings

Commencing at the stroke of midnight on January 1, 2020, New York Bail Reform, as it is commonly referred, takes discretion and authority from both judges and prosecutors and shifts power to far more strict and specifically outlined statutory guidelines. Codified throughout New York Criminal Procedure Law 500, a judge’s…

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NY CPL Article 722: Raise the Age, Adolescent Offender & Extraordinary Circumstances

Raise the Age legislation, codified in part in CPL Article 722, has brought New York more in line with the majority of the nation in dealing with criminal charges and accusations against certain teenagers. The legislation was also largely a compromise between law enforcement and the proponents of these kinds…

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Understanding Menacing Crimes: When “Unrelated” Threats and Actions Violate the Law

While the law is clear and known to criminal lawyers practicing throughout the New York City region, when one thinks of menacing behavior one often thinks of threats with words, body, weapons or some combination of the three. Despite what those outside the legal profession may think, the Penal Law…

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Second Degree Menacing and Fourth Degree Criminal Mischief Dismissed on Motion of Prosecution: Client Falsely Accused of Threatening Another with a Firearm and Preventing 911 Call

While our client charged with Third and Second Degree Menacing and Fourth Degree Criminal Mischief cannot get back the months of his life lost to the criminal justice system, what started off as a bogus claim and an arrest of a federal law enforcement officer finally ended with his complete…

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Mic Drop for Justice: Motion Alleging Misconduct Against Prosecution and Seeking Dismissal in Interest of Justice Leads to Dismissal within 24 Hours of Service

If fighting City Hall is difficult, battling the District Attorney’s Office is arguably harder when your arguments and evidence falls on deaf ears and your client’s exposure is not measured in money but a permanent criminal record and the duration of incarceration. Fortunately, however, when your client is left standing…

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Third Degree Assault Case Dismissed After Client Allegedly Punched Cabbie Twice Sending Him to the Ground with Injuries

If being arrested for a crime you did not commit isn’t bad enough, when you don’t live in New York City and your witnesses aren’t fluent in the English language and are returning to their homes in Europe that same day, its reasonable to assume that things are about to…

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Coercing Sexual Intercourse: Penal Law 135.61 and the “New” Second Degree Coercion

As of November 2018, New York Coercion laws and crimes have changed. Penal Law 135.61 replaces Penal Law 135.60 as the “new” Second Degree Coercion making the latter statute the Third Degree offense. This class “E” felony adopts much of the language from the lesser misdemeanor but adds a new…

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Menacing and Endangering the Welfare of the Child Dismissed by Prosecution on Merits

“Only the guilty hire defense attorneys.” “If he was arrested, he clearly did something wrong.” “Innocent people aren’t accused of crimes. Clearly, she’s guilty.” Somewhat common refrains by those who have never had the misfortune of being accused of wrongdoing, whether fair or not, until you find yourself in handcuffs…

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