New York Criminal Lawyer Blog

October 17, 2016

Understanding the Minimum Requirement of “Forcible Stealing” in a New York Robbery Arrest and Prosecution

Robbery is one of the most serious crimes in the New York Penal Law. Criminal defense attorneys in New York see Robbery crimes come in a variety of different scenarios and allegations. Sometimes a weapon is used such as a firearm or a knife while other times a victim suffers some form of a physical or serious physical injury. Depending on whether or not there is an injury and even if multiple robbers are involved, the crime of Robbery can elevate from Robbery in the Third Degree to Robbery in the Second Degree or Robbery in the First Degree. The consequences are quite serious for an accused because a Third Degree Robbery conviction for PL 160.05 is not a violent crime under the New York Penal Law and does not carry a mandatory term of prison for a first time offender. Second Degree Robbery and First Degree Robbery, pursuant to PL 160.10 and PL 160.15 respectively, are mandatory minimum crimes with sentences starting at three and one half and five years in prison.

The goal of this blog entry is not to dissect and analyze the differences between New York’s Robbery statutes, but to examine the threshold of physical force that must be breached for a crime to go from one of a simple non-violent larceny to a more grave Robbery offense.

October 12, 2016

Resisting Arrest and Obstructing Governmental Administration Dismissed: Failure of NY PL 195.05 Leads to Dismissal of NY PL 205.30

by Jeremy Saland

Challenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of the crime charged and notice to the accused. However, the evidence or allegations contained within the four corners of the document need not reach the “beyond a reasonable doubt” threshold. While the standard may be fairly low, a defendant who is wrongfully arrested without the bare level of evidence should not be forced into the criminal justice system whether he is from New York City, White Plains, or New York’s Southern Tier. Simply, it is critically important to examine any complaint or information to see whether or not there are grounds to make a challenge.

This particular blog entry will address a recent decision dismissing one count of Resisting Arrest pursuant to New York Penal Law 205.30 and one count of Second Degree Obstructing Governmental Administration pursuant to New York Penal Law 195.05.

October 9, 2016

Failure to Appear on a Misdemeanor Court Date: Bench Warrants and Bail Jumping

by Jeremy Saland

Most people know to listen to a judge. After all, he or she has the ability to change the trajectory of your life whether you are involved in a civil case or you have been arrested for any number of crimes outlined in the New York Penal Law. In the criminal context, when you miss your court date, an arraignment for a Desk Appearance Ticket, a scheduled compliance date, a calendar call for an update, or any other appearance on a misdemeanor or felony crime, the judge hearing your case will more than likely issue a bench warrant barring some corroborated reason why you could not be present. As your criminal defense lawyer will (and should have already) tell you, once the judge orders or issues a bench warrant the police are authorized to arrest you. Complicating matters, if you are outside the State of New York, you may be held without bail until a detective returns you on a “Governor’s Warrant.” Could you sit there for a week, two, more? Sadly, yes.

Outside of the simple fact that you do not want a warrant issued and the police looking to arrest you and return you to court, the consequences of skipping your court date don’t end with a warrant. In fact, depending on how long you are out and about and fail to return, prosecutors in the District Attorney’s Office can hit you with a brand new charge…Bail Jumping.

October 5, 2016

Client Charged with Drug Possession Gets Re Arrested for Assault Upon Release: Both Cases Dismissed

by Jeremy Saland

Not every person learns, behaves, engages, or speaks in the same way. That which makes us different also makes us special. Sometimes our differences are slight while other times they are greater. Sometimes we behave in a certain way while other times it is beyond our control. It is in the context of these latter folks – those who may not always conform to the “norm” due to mental health issues – that this blog entry applies.

The New York criminal lawyers at Saland Law PC are beyond pleased to share the best criminal defense results we could have achieved for a young person suffering from, among other things, severe anxiety and mental health issues. Charged with Trespassing, Criminal Possession of a Controlled Substance in the Seventh Degree and Unlawful Possession of Marijuana, our criminal attorneys succeeded in securing our client’s release only to this young person get rearrested immediately upon getting out of jail for striking a parent in the presence of the NYPD. This second offense, resulting from sever anxiety while in custody, charged Third Degree Assault and commenced an entirely new case. Despite the allegations and law enforcement witness, prosecutors listened to our passionate arguments and recognized that there could be mitigating reasons why our client acted in this particular way in relation to both cases. The District Attorney’s Office agreed to dismiss the Third Degree Assault case outright and adjourn the underlying drug case for dismissal in six months. No criminal conviction. No plea of guilty. Nothing.

October 1, 2016

Unable to Appear in a New York Criminal Court: NY CPL 340.20 Pleas and Dismissals without an Appearance

by Jeremy Saland

Although I couldn’t tell you the exact number, there are millions of people who come to New York City – its boroughs of Manhattan, Queens, Bronx and Brooklyn (technically Kings County) – on any given day. Whether they are commuters, tourists or here solely for a brief business stay, some of these people find themselves in hot water, aka, under arrest by the NYPD. If the crime charged is, for example, PL 155.25 or PL 165.40 for a shoplifting arrest at Macys or Century 21, PL 220.03 for getting busted doing a “bump” of cocaine outside a bar, PL 120.00 for a fist fight with some random stranger, or something of the felony variety which is quite more serious, they will have a date with a judge in criminal court. By Desk Appearance Ticket (D.A.T. or Appearance Ticket) or as a result of an all out arrest cooling their heals in the “Tombs”, if a criminal case is not resolved immediately a defendant will be required to return to court. Live in California, Texas, England, Australia or China? No, you don’t get a pass. Without prior agreement, failure to return will result in the issuance of a Bench Warrant.

So, what can you do? If you are asking yourself “Do I have to come back to court or can it be resolved in my absence,” then this blog may good place to start to understand the legal issues and process so that you can make an informed decision with your criminal defense attorney when assessing your options. Continue reading

September 23, 2016

NYC Domestic Assault and Harassment Dismissed on the Merits: Allegations and Arrest Exposed Based in Lie

by Jeremy Saland

I am not a free lawyer, but that does not mean I do not handle pro bono work or represent individuals who do not have the means to retain an experienced New York criminal lawyer. Simply, everyone needs and should be entitled to quality representation by an attorney especially in the context of a life altering arrest. After meeting with a woman who was unquestionably the victim of domestic violence in both criminal and “merely” mentally abusive form, Saland Law PC took her case in New York City Criminal Court. Despite the public lawyer assigned to her case advising that she had a difficult path ahead, our client maintained her innocence in the face of charges including Third Degree Assault (NY PL 120.00) and Second Degree Aggravated Harassment (NY PL 240.30). While it was unlikely she would see any jail time even though the law allows up to one year in prison, any finding of wrongdoing or assertion that she assaulted and harassed her partner was unacceptable. Fortunately, through diligence, time and effort, Saland Law PC secured a complete dismissal of all charges.

September 19, 2016

Felony Falsifying Business Records: Understanding the Limited Conduct that can give Rise to PL 175.10 in New York

by Jeremy Saland

A somewhat infrequently used section of the New York Penal Law, First Degree Falsifying Business Records is nonetheless not only a serious crime, but on where an arrest can land you in prison and with a felony record. Is Falsifying Business Records in the First Degree as serious as Second Degree Grand Larceny or, for that matter, Second Degree Criminal Possession of a Forged Instrument? The short answer is no. These two crimes, PL 155.40 and PL 170.25, are class “C” and “D” felonies respectively while PL 175.10 is a class “E” felony? What does this all mean you ask? Grand Larceny in the Second Degree is punishable by as much as fifteen years in prison, Criminal Possession of a Forged Instrument in the Second Degree is punishable by as much as seven years in prison and First Degree Falsifying Business Records is “merely” punishable by up to four years in prison. That said, unlike the aforementioned crimes, PL 175.10 is often associated with more significant crimes and each time there is a falsification a new criminally chargeable offense has occurred.

With your general grasp on the significance and severity of Falsifying Business Records in the First Degree, this blog entry will further address this crime while also addressing the elements of PL 175.10.

September 16, 2016

Dangerous Knives that are Not Gravity Knives or Switchblades: When Does Possession and Unlawful Use Violate New York Penal Law 265.01

by Jeremy Saland

It almost seems as if every day we read in the papers or see in the news that a person used a firearm to kill innocent victims. Simply, such acts are horrendous and deplorable. Law enforcement should be commended for their efforts to protect all of us. With this in mind, it is also important that the courts and criminal defense lawyers make sure that prosecutors and the police respect and maintain their burden to follow the law as well whether a violation or wrongful arrest is malicious or unintentional. While most people would argue that knives are not guns in terms of potential dangers, both have the ability to be devastating weapons. In part, this is likely why District Attorney’s Offices in New York City and elsewhere take a hard stance against gravity knife and other weapon crimes in violation of Fourth Degree Criminal Possession of a Weapon, New York Penal Law 265.01. Whether you were issued a Desk Appearance Ticket or you have an extensive criminal history, do not expect to be offered any deal at your arraignment. More often than not, a charge of PL 265.01 remains in place until and if your criminal lawyer can articulate why prosecutors should deviate from their guidelines.

Why is all of the above relevant? The law in New York doesn’t distinguish between certain knives illegally purchased that are “blatantly” dangerous and those that were purchased as a tool at a hardware store. At bottom, a gravity knife is a gravity knife no matter where you purchase it. As a misdemeanor, this crime is punishable by as much as one year in jail and will stick you with a permanent criminal record upon conviction. Knowing all of this and reading through a bit of my rant, let’s now address the Penal Law and the crime of Fourth Degree Criminal Possession of a Weapon where the arrest charge of PL 265.01(2). Does the strict liability standard apply to all knives and if not, when is a “regular” knife possessed in violation of the New York Penal Law?

August 26, 2016

PL 220.16 and PL 220.06 v. PL 220.03: Difference Between Felony Intent to Sell Either Controlled Substances or Prescription Drugs and Misdemeanor Possession

by Jeremy Saland

The difference between possessing certain drugs in New York for personal use and possessing those same drugs with the intent to sell them is drastic. In fact, drastic would be an understatement. Ask any criminal lawyer in New York who handles narcotics or drug crimes and he or she will tell you the exact same thing. Whether the drug is molly, cocaine, heroin, ecstasy or whatever the drug du jour might be, Criminal Possession of a Controlled Substance in the Seventh Degree is a misdemeanor with a potential sentence of up to one year in jail while Criminal Possession of a Controlled Substance in the Third Degree is a felony with a mandatory presumptive term of imprisonment of one year and as much as nine years. Simply, the misdemeanor, New York Penal Law 220.03, is not even in the same arena as the felony charge of New York Penal Law 220.16. For the purpose of this blog entry and for a general understanding of the elements of these crimes, PL 220.03 occurs where a person possesses a controlled substance while PL 220.16(1) is possession but also requires an intent to sell the cocaine, crack, heroin, molly, ecstasy or any other drug. A distinct crime, if you possess ketamine or oxycontin or Mesc, you will violate New York Penal Law 220.06(1), Fifth Degree Criminal Possession of a Controlled Substance. Before reading further, it is important to note that the possession of certain weights of drugs are automatically felonious. The relevant statutes and comparison here, as well as the review of a recent legal decision analyzing the difference, merely addresses the intent to sell element that enhances possession from a misdemeanor to a felony crime.

August 1, 2016

New York PL 265.03: College Student Arrested at Airport for Checking a Firearm Gets Non-Criminal Violation and Record Sealing

by Jeremy Saland

Criminal lawyers or not, we can all argue and address the intentions and practical applications of the Second Amendment. Further, there are many of us who would agree that an AR-15 is not a reasonable weapon to have in your home or for hunting. That said, most weapon and gun crimes in New York are not of the assault rifle variety and tied to a complex Second Amendment issue. Each and every illegal firearm case prosecuted in New York may share certain traits, such as the potential for violating Second Degree Criminal Possession of a Firearm, but they are all far from the same. In the eyes of the law, however, while facts may be different, whether you possessed a revolver with the serial numbers scratched off, a glock in an ankle holster you purchased in cash from a guy you met on the street, or you are a licensed firearm owner visiting New York from Alabama, Texas, Ohio, Florida or another state, pistol, gun and weapon crimes pursuant to New York Penal 265.03 are offenses that carry a minimum of 3.5 year in prison upon conviction. Make no mistake. New York means business when it comes to illegal firearm possession and on its face an arrest for PL 265.03 is one of the most serious offenses in the New York criminal code. While everyone is entitled to a defense, police must follow proper procedure and prosecutors maintain the burden of proof, if you are an otherwise legal firearm owner arrested for a felony relating to that weapon, ensuring that you are not lumped into the same category as blatant abusers of the law who may possesses their guns for malicious purposes is critical. In the arena of a firearm arrest at JFK Airport or LaGuardia Airport in New York City’s Queens County, this could not be more true.