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 of sweeping laws. The result, which sought to create a system where 16 and 17 year olds could still be prosecuted as adults in certain situations, is a complex system that leaves a healthy amount of grey area for juvenile and adolescent defense lawyers, courts and District Attorneys to interpret. Much of this is due to the creation of an entirely new class of offender – the “adolescent offender.” CPL 1.20(44) defines such a person as one charged with a felony committed on or after October 1, 2018 when he or she was sixteen years of age or on or after October 1, 2019, when he or she was seventeen years of age. When a person in this classification is charged with a felony, their case first goes to an adult Criminal Court where it remains, just as it always has, or, subject to various rules on removal out of the adult criminal justice system, to Family Court. These rules depend in large part on the particular crime with which the adolescent offender is charged as well as the facts and circumstances of the underlying conduct. Other rules aside, and the subject of this blog, if and when law enforcement can establish “extraordinary circumstances” as prescribed by CPL 722.23(1)(d), prosecutors can prevent a judge from transferring an adolescent offender’s case from an adult Criminal Court to a youth oriented Family Court thereby challenging the principles of treating children different than their adult counterparts.
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 and court decisions that define the crime of Menacing is clear. Words alone are insufficient. More is needed. In a recent decision addressing the sufficiency of Third Degree Menacing, New York Penal Law 120.15, a trial court once again examined the statute providing further clarity to an often litigated section of the Penal Law.
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 exoneration in a New York City Criminal Court. Although our client can now pursue the back pay he was denied during his suspension, as grateful as he was that the system “worked,” our client unfortunately witnessed firsthand how difficult it is when the system sees you as guilty even if the law is supposed to protect you with the presumption of innocence. Thankfully, after months of back and forth with a prosecutor who did her due diligence and, even if disagreeing, kept an open mind, pushing the case to a trial and rejecting an Adjournment in Contemplation of Dismissal was the final straw that broke the proverbial camel’s back of this unfounded case. A great effort – and even better resolution – for the criminal attorneys and former Manhattan prosecutors at Crotty Saland PC.
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 and walks away exonerated, there are few greater victories worthy of battle scars. For a recent Crotty Saland PC client arrested for Second Degree Burglary and other crimes, and subsequently charged with Third Degree Assault and Criminal Obstruction of Breathing or Blood Circulation, leaving the justice system unscathed other than by a undeserved and miserable experience could not be more rewarding. The following is lesson of how prosecutorial inexperience coupled with expansive power can result in potentially grave miscarriages of justice. Simply, no matter the allegation, it is incumbent upon any criminal defense attorney to question and challenge law enforcement to protect your rights.
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 go from bad to terribly worse. While it is a legitimate thought to have as you are hauled away in handcuffs, charged with crimes including Assault in the Third Degree, New York Penal Law 120.00, and tossed into Manhattan’s Central Booking to wait and meet a criminal lawyer your friends or family retained, your initial pain need not foretell the ultimate outcome. As experienced by a recent Crotty Saland PC client, the trauma of being accused of Assault by a cab driver and the anxiety of being 1000s of miles from home was fortunately (if one can use that term when falsely accused of a crime) the worst part of a roller coaster ride that ended in a meritorious dismissal.
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 and critical element that in turn elevates the direct and collateral consequences of an arrest and conviction. Although you should fully examine the law with your attorney to ensure you do not conflate Extortion and Blackmail with any level of this statute, the following provides some basic insight into the definitions, elements and punishment of and for PL 135.61.
“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 or before a judge it is quite easy to sit in judgment. However, when it is your name that is replaced by a docket number, the misconceptions you may have held will likely give way quite quickly. How are you going to get yourself out of this conundrum and who is the best attorney to protect your rights and bring your nightmare to a swift end? For a recent Crotty Saland PC client who found himself the subject of a wrongful arrest and prosecution, he took the right steps and debunked the myth as to why innocent people – or any accused for that matter – hire criminal defense lawyers.
What is the penalty for Assault? How much jail time can you get for Assault? For that matter, what is an Assault charge? Whether you are arrested for violating New York Penal Law section 120.00, 120.05 or 120.10, every conviction will leave you permanently tarnished with a misdemeanor or felony criminal record. Make no mistake. When you find yourself before a Manhattan Criminal Court Judge, Brooklyn Supreme Court Judge, a White Plains City Court Judge or a Justice Court Judge in North Castle, Scarsdale, Nyack, Brewster or anywhere in the Hudson Valley, there is much on the line. The following answers to some fairly basic questions can provide you with the foundation you need to work with your criminal attorney and best ensure your defense is the right one to minimize your exposure.
A friend of LeSean McCoy’s ex-girlfriend, Delicia Cordon, accused the Buffalo Bills’ running back of a horrifically violent attack that allegedly left Cordon hospitalized and bloodied. Beyond the claimed domestic violence she suffered at his hands, further assertions, by way of Instagram, lobbed at the athlete included the beating of his son, the pummeling of a pet dog and steroid use. Hours after the social media post, McCoy assertively denied the accusation and went as far as denying any physical, aka, “direct.” contact with Cordon for months prior. The question remains, however, if McCoy’s response that he had no contact with his ex doesn’t hold water, or corroboration exists as to these serious allegations, what charges could he face if he intentionally inflicted what appear to be quite frightening injuries on Cordon’s face? Even assuming probable cause does not exist to arrest McCoy or proof beyond a reasonable doubt to convict him of any crime as to Cordon, what is his exposure to crimes involving his son and animal cruelty?
In the age of #Metoo, an important movement long time coming, there can be unforeseen consequences when vigorously supporting gender-based misconduct without stepping back to thoroughly examine an accusation. Simply, allegations that lack sufficient corroboration or answers to reasoned questions should hold no more water than those in other contexts. As much as we want to believe any assertion of wrongdoing is legitimate, sometimes such claims are subjectively “right” because a complainant perceives it as such or they are completely fictitious. Regardless, whatever the case may be, a critical analysis of the evidence and facts tells quite a different story. For a recent client of the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, such a scenario played out in a New York City Criminal Courts. After being contacted by the NYPD, our client self-surrendered for his arrest and prosecution by the District Attorney where the latter charged him with, among other offenses, Stalking in the Fourth Degree, New York Penal Law 120.45. Fortunately, and thanks to the skill, diligence and advocacy of Crotty Saland PC, a judge acquitted our client of all charges after trial.