New York Criminal Lawyer Blog

July 20, 2016

New York Criminal Possession of a Forged Instrument: Establishing Knowledge & Intent to Defraud in a Fake ID Arrest

A fake identification is grounds for arrest whether you’re a college student at Columbia or NYU, a high school kid visiting New York City or you are a foreign national in need of some form of ID to work. Simply, there is nothing found in New York Penal Law 170.20 or New York Penal Law 170.25 that mandates an evil intent to perpetrate a terroristic or immigration fraud crime. While prosecutors in a respective District Attorney’s Office and the NYPD or local police department may pursue a criminal case however they deem fit, as a preliminary matter whenever you have a fake passport or drivers license the crime technically is a class D felony pursuant to PL 170.25. As such, a conviction not only allows for up to two and one third to seven years in prison, but a felony conviction is life altering. Fortunately (relatively speaking), in the scenario of a young man or woman who may have that ID for the purpose of going to a club or bar, as opposed to some other nefarious reason, the crime is often prosecuted through a Desk Appearance Ticket in New York City whereby the accused must return at a later date to face arraignment with their criminal lawyer on the charge of PL 170.20, a misdemeanor.

Putting aside whether a Criminal Possession of a Forged Instrument arrest is prosecuted as a felony for a second degree crime or as a misdemeanor for a third degree offense, what are the elements that must first be established with probable cause and ultimately beyond a reasonable doubt? Following the language of the misdemeanor PL 170.20 that is the baseline of these crimes prior to any felony enhancements, the language is as follows: You are guilty of Third Degree Criminal Possession of a Forged Instrument when you have knowledge that it is forged and you have the intent to defraud, deceive or injury another person, you possess or utter that particular forged instrument.

This blog entry will further analyze the crime of PL 170.20 in the context of a fake identification and the thresholds that much be reached by the District Attorney’s Office to secure a conviction.

July 16, 2016

New York Criminal Possession of a Weapon in the Fourth Degree: Is a Statement Alone that a Knife is for Self Defense Sufficient for NY PL 265.01(2)

by Jeremy Saland

Most arrests involving Criminal Possession of a Weapon in the Fourth Degree, New York Penal Law 265.01, likely involve subsection one of this crime. This offense, PL 265.01(1) is the strict liability crime. That is, if you knowingly possess any weapon and it is of the type identified in this subsection – the most common is a gravity knife or switchblade knife, but others are set forth – then you are guilty of a class “A” misdemeanor. Distinct from subsection one, but an equally serious misdemeanor crime punishable by one year in jail, Fourth Degree Criminal Possession of a Weapon, PL 265.01(2), involves the possession of any weapon or dangerous instrument with the intent to use it unlawfully against another person. So, if your possession is not automatically a crime due to the nature of the weapon and the law requires that you have the intent to use it unlawfully against another person, how do the police establish a violation of PL 265.01(2)? More importantly, even with probably cause to arrest, how do prosecutors in the Manhattan District Attorney’s Office, Queens District Attorney’s Office, Brooklyn District Attorney’s Office or any other office throughout New York City and the State prove such a case beyond a reasonable doubt? This blog entry addresses the issue in conjunction with a recent and relevant criminal court decision.

July 12, 2016

Another Felony Second Degree Criminal Possession of a Weapon Gun Arrest at JFK Airport: Another Non-Criminal Result for Saland Law PC

by Jeremy Saland

It is painfully clear that New York State does a poor job in communicating to residents of neighboring states that merely because they legally own or possess their firearm – handgun, revolver, pistol – at home, when that same firearm is brought to New York it is a crime. Not just any crime, when the weapon is loaded with the ammunition and bullets capable of being fired from the gun (they need not be physically in it), the offense in New York is a class “C” violent felony. How do I know this as a criminal defense attorney in New York who represents clients arrested at LaGuardia or JFK Airport for New York Penal Law 265.03? I know this because I routinely am asked by defendants, “I was arrested for having a loaded gun in New York at the airport, but I legally own it and I followed the TSA guidelines. What did I do wrong and what is a violent felony and mandatory prison?”

May 23, 2016

Felony Identity Theft Arrest for Second Time Felon Ends in Non-Criminal Violation: Client Avoids Mandatory Prison on PL 190.79 Indictment

by Jeremy Saland

“Hate” is a relative term in this context, but its fairly reasonable to assert the NYPD (or any police department), District Attorneys and local, city and Supreme Court criminal judges hate Identity Theft. Its not such a great leap for a New York Identity Theft attorney, an accused or a bail bondsman to make. What is there to like about it? It costs New York City, New York State and the United States, both privately and governmentally, hundreds of millions or billions of dollars? And no, merely because you are accused of a New York Identity Theft crime amounting to merely a few hundred or a few thousand dollars will not give you a pass. To that end, one recent Saland Law PC client is likely ecstatic that multiple stupid mistake did not land the client in prison for a minimum of two to four years. Not only was this client arrested in Brooklyn (Kings County) and facing indictment for multiple counts of Second Degree Identity Theft (New York Penal Law 190.79), Second Degree Forgery (New York Penal Law 170.10) and a handful of misdemeanors including Petit Larceny (New York Penal Law 155.25), Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40) and Third Degree Identity Theft (New York Penal Law 190.78), but this client was previously convicted of Third Degree Grand Larceny (New York Penal Law 155.35) thirteen months earlier in Manhattan (New York County). While the New York criminal lawyers and Identity Theft attorneys at Saland Law PC did not represent the client on prior the felony conviction, due to this conviction any new felony plea would require a minimum of two to four years in prison and a potential maximum of three and one half to seven years in prison. Due to the diligence and advocacy of Saland Law PC, the crash and burn finality as mandated by law upon a conviction was completely avoided.

May 19, 2016

Blackmail, Extortion, Harassment, Hacking, Stalking & Other Victimization: Options to Protect Yourself Both Inside and Outside the Criminal Justice System

by Jeremy Saland

New York Blackmail and Extortion comes in different “flavors” and “sizes”. These cases are often as unique as the circumstances, victims and perpetrators. Often, when there is an extortion, threat of embarrassment, demand for money or mere harassment, a victim is hesitant to go to the police even when the law is clearly on his or her side. Similarly, there are situations where the harassment, emails, calls, threats, demands, stalking or other conduct may actually skirt violating the New York Penal Law. Call the police anyway? Risk your business, name or family relationships? Are there other options that can potentially put an end to this misery? Simply, when does a victimizer’s actions violate the New York Penal Law and what if anything should, or can, you do?

This blog entry will not serve as a substitute for an in depth analysis of your particular case. In fact, it in no way will address your case but instead identify potential issues and how you can take control of a situation that may derail your life if you let it fester and grow.

May 1, 2016

Airport Criminal Possession of a Firearm Arrest, New York Penal Law 265.01-b(1), Ends in Six Month Dismissal

by Jeremy Saland

Yes, the New York criminal lawyers at Saland Law PC represent numerous travelers flying in and out of area airports. No, just because the firearm is unloaded when you check it at New York’s John F. Kennedy Airport (JFK) or LaGuardia Airport (LaGuardia), doesn’t mean you will avoid an arrest. For that matter, merely because you checked in advance with the TSA or your airline, whether it is American, Delta, US Air, Southwest or JetBlue, that your hard side case was the proper means to store that pistol, in no way means police with the Port Authority will let you board your plane without an arrest. As you may only know now, your registration, carry permit or concealed license in Virginia, Texas, Ohio, Illinois or California (we can throw in Arizona or any other state if it makes you feel better), won’t shield you from an arrest and prosecution from the Queens County District Attorney’s Office. However, if there is any silver lining, albeit more of a silver colored paint as opposed to the precious metal itself, if an unloaded and unregistered firearm is recovered from you after you declare and attempt to check it, the crime you will face is not the dreaded Second Degree Criminal Possession of a Weapon (New York Penal Law 265.03). As you will soon find out from your criminal defense attorney and the court, instead of a Class C violent felony, you will be booked and arraigned on the Class E felony of Criminal Possession of a Firearm (New York Penal Law 265.01-b(1)). While Criminal Possession of a Firearm is not as crippling as an arrest for possessing a loaded revolver, pistol or gun, its all relative. Unfortunately, a recent Saland Law PC client learned that the consequences of a weapon and firearm arrest in Queens County for trying to check an “illegal” handgun at the airport is no less significant whether its locked and loaded or merely the weapon itself. Fortunately, however, Saland Law PC mounted a successful mitigation defense.

April 18, 2016

The Importance of Experience and Advocacy Before and During Trial: A Recent Criminal Defense Review

by Jeremy Saland

When I served as a prosecutor in the Manhattan District Attorney’s Office, my greatest achievement, selfishly or not, was securing a conviction after trial for Attempted Murder against a husband who had physically and emotionally abused his wife and children for years. From burning a son and repeatedly striking another child, his violent acts culminated when he repeatedly stabbed his wife after she turned down his sexual advances. Until that point, the wife, an immigrant without a full command of the English language, was hesitant to seek justice. While fortunately may not be the right term, on the night of this incident their pre-teen and fifteen year old children were home when their father went into a rage and began stabbing their mother with a knife he had been using to peal an apple. Not merely stabbing her once, the defendant stabbed the mother of his children repeatedly until the blade broke off in her shoulder and their fifteen year old son broke down the bedroom door with a hammer.

On many fronts, this conviction for Attempted Murder and the twenty five year sentence was gratifying. The bond and trust developed with the victims, providing them the protection they deserved, and bringing closure to a horrific time in their lives was rewarding. Why do I share this so many years later? I do so because despite the misconceptions that only prosecutors wear the “white hat”, criminal defense attorneys do so as well. Facing the same potential sentence of up to twenty five years in prison, a client of Saland Law PC was also brought closure as a victim even though he was charged with many crimes including Kidnapping in the Second Degree as opposed to being the accuser. After a lengthy trial, this innocent man was exonerated and found not guilty by a jury of his peers. Not due to a legal technicality, his innocence was “proven” because of my effort to provide justice to my client in the face of a fabricated story shrouded in what appeared to be significant and damning evidence. Through developing our own evidence and challenging the prosecution’s, and advocacy before and during trial, closure was seized. The following his this client’s review of our services as criminal defense attorneys and lawyers:

March 25, 2016

New York Loitering Arrests: Understanding the Different Crimes and Violation as Well as Legal Sufficiency

by Jeremy Saland

Yes, you can be arrested by the NYPD in New York City for Loitering. In fact, if you’re loitering in Manhattan, Yonkers, Brooklyn, White Plains, New City or Queens, the crime is still the same. Codified in the New York Penal Law under sections 240.35, 240.36 and 240.37. The first of these offenses is a violation while the latter two are misdemeanors. This particular blog entry will address the violation of New York Penal Law 240.35. However, we will also address the more serious criminal charges of PL 240.36 and 240.37 which you are likely to receive a Desk Appearance Ticket (DAT) should you have no prior criminal history and you are compliant with the arresting officers.

March 20, 2016

I was Arrested at JFK and LaGuardia Airpots for a Loaded Firearm: One Dismissal and Two Non-Criminal Resolutions

by Jeremy Saland

Don’t count on the TSA or your airline – Delta, JetBlue, American, United – to confirm whether or not the firearm you traveled with to New York from Colorado, Arizona, Michigan, Tennessee, Florida, Georgia or any other state in the Union is legal in New York. No official airline or TSA website will provide you that information and discuss the extent New York’s laws are in direct conflict with the Second Amendment or how your permit, license or registration in Texas, Maryland or California is not valid here. For that matter, the ticket agent, online booking website, the TSA or your airline will not explain that possessing the loaded firearm (loaded doesn’t require ammunition in the pistol or revolver) in New York without the proper permit is by default a class “C” violent felony punishable by a minimum term of three and one half years incarceration pursuant to Second Degree Criminal Possession of a Firearm (Penal Law 265.03). Certainly, you can follow the advice listed on the TSA website at your own peril. To some extent it is accurate. That is, wherever you may be flying to and from the regulations are the same. You must head to the ticket counter, have the unloaded firearm in a locked hard sided case, slap a sticker or a tag on that case, declare the firearm and ensure that no parts of the firearm are inadvertently taken with you as a carry-on onto the airplane. But that is where the TSA’s usefulness and value ends. Flying into JFK or LaGuardia (or for that matter any other airport) is one thing, but after checking the firearm at the ticket counter on your way home from one of these Queens County airports, you are going to be personally escorted to the “tombs” of Queens County Central Booking on your way to your arraignment on felony weapon charges at Queen County Criminal Court. A layover is one thing…but this is no what you expected.

February 7, 2016

Following and Nothing More: Does Stalking without “Fear” Violate New York PL 120.45 or 120.50

by Jeremy Saland

Some times the best legal advice a criminal lawyer can give is not legal advice at all. In fact, it can be more parental than lawyer-like. Unfortunately, just as we don’t always listen to our parents we don’t always listen to our criminal defense attorneys either. With that little life lesson behind us, try listening to this. The best way to avoid an arrest or conviction for a New York Stalking crime, whether or not it is one of the two misdemeanor Stalking offenses of Stalking in the Fourth Degree (New York Penal Law 120.45) or Stalking in the Third Degree (New York Penal Law 120.50), is to steer clear of following, threatening or harassing other people. Sounds easy enough, right? Well, maybe it is and maybe it isn’t, but what if you are arrested for merely following a person without any allegations of physical or verbal threats? Is that sufficient grounds for the prosecution to sustain a viable complaint for Fourth Degree Stalking, NY PL 120.45? The following blog entry will address this very question.