New York Criminal Lawyer Blog

March 10, 2011

DA: Brooklyn Acid Attack Teen Arrested at High School After Pouring Chemical on Classmate – Do Prosecutors Actually Have a Viable Case

In what appears to be a tragic case, Brooklyn prosecutors have alleged that a young high school girl and member of the ROTC, Zhanna Smsarian, attacked a fellow classmate, Albina Eshimbaeva, with diluted acid. It is alleged that Ms. Smsarian poured the solution over a 15 year old girl’s head out of jealousy stemming from a relationship with a 22 year old man. According to reports, Ms. Smsarian admitted to police that she wanted to burn out her classmate’s eyes. Fortunately, it appears as if she was not successful.

According to Web Crims, the Brooklyn District Attorney’s Office has charged Ms. Smsarian with numerous felonies including Attempted Assault in the First Degree (New York Penal Law 110/120.10). She is also charged with numerous misdemeanors including Criminal Possession of a Weapon in the Fourth Degree (New York Penal Law 265.01(2)). The felony is punishable by up to fifteen years in prison while the misdemeanors are punishable by up to one year in jail.

March 8, 2011

The “One Punch” Felony Assault: Will Intent or Only the Actual Injury Dictate the Ultimate Resolution in the Oscar Fuller Assault Case

by Jeremy Saland

Manhattan District Attorney Cyrus Vance, Jr. is in an unenviable predicament. One one hand he has Oscar Fuller, a man with a criminal record who is not a particularly sympathetic fellow, and in the other, Lana Rosas, a petite woman potentially on the edge of death or a vegetative life. Politically, “throwing the book” at Fuller is a no-brainer. Yet, is the charge of felony Assault in the Second Degree, New York Penal Law section 120.05(1), truly the right charge in this case or is it really just a reach? In DA Vance’s defense, because of the extent and nature of the injury to Ms. Rosas, he likely had no other choice but to present the matter to a Grand Jury to make the charging decision – and it did just that. The Grand Jury indicted the defendant on the charge of Assault in the Second Degree, a felony. The question that now has reared its head is whether the sadness and despair of this case played too great a role in the grand jury’s decision making process or did an objective view of the evidence dictate that Mr. Fuller’s actions were felonious?

Before proceeding any further, there are a few statements I must make. First and foremost, I do not think many people can grasp the pain that has fallen upon Ms. Rosas and her family. Regardless of the criminal charges, they have all suffered and we all hope that she can recover to live a normal life. Second, none of us, outside of those intimately involved in the case, know the evidence and facts beyond what we read or see in the local media. Because of this, in assessing this case, I will address the blog entry in a more vague approach while trying to tie it back to Mr. Fuller’s case. That is, if a person strikes another person once with his fist, and as a result, the victim suffers a horrific injury such as as swelling in the brain and a resulting coma, is the appropriate charge a felony or misdemeanor Assault?

March 4, 2011

Arrested & Given a Shoplifting Desk Appearance Ticket for New York Penal Law 165.40 & 155.25: The Trespass Notice

by Jeremy Saland

You were arrested in Manhattan, Brooklyn or Queens and given a shoplifting Desk Appearance Ticket (DAT or D.A.T.) charging you with New York Penal Law 165.40 (Criminal Possession of Stolen Property in the Fifth Degree) or New York Penal Law 155.25 (Petit Larceny). You are a teacher, lawyer, physician or you work in finance. The collateral consequences beyond a conviction are enormous for you in terms of your career. Compounding matters, when store security grabbed you and brought you into the backroom, they bullied you into signing a “Trespass Notice” and financial forfeiture or restitution agreement. Even worse, they just snapped a photo of you with a digital camera. It is fairly clear that you need a New York criminal lawyer to advance your best defense to avoid any blemish on your clean record, but you need to discuss with that shoplifting New York criminal defense attorney what you just signed away in the backroom of Macys, Bloomingdales, Century 21 or any other department store in New York City.

What is the Trespass Notice

March 3, 2011

Embezzlement and Grand Larceny Crimes: Finding the “Best” New York Criminal Defense Lawyer or “Right” Attorney

by Jeremy Saland

You have been arrested or indicted for Grand Larceny and Embezzlement in New York. Maybe the case has not reached that point, but you are the target of an Embezzlement and Grand Larceny investigation by New York City prosecutors or law enforcement in the surrounding counties. The fear you have is almost paralyzing. What will happen to me? Will my career be destroyed? Will friends and family find out? Will I go to prison?

While the questions may be numerous and differ from person to person, one question is unavoidable. How do I find the right New York Embezzlement criminal lawyer or New York criminal Grand Larceny attorney? Prepare yourself. You may only have one chance to answer this question correctly.

February 28, 2011

Warning to New York Teachers: Potential Career Ending Consequences for Criminal Convictions

by Jeremy Saland

The New York criminal lawyers and former Manhattan prosecutors at Saland Law PC have represented all types of professionals from teachers to physicians and lawyers to architects in criminal investigations and arrests. Our criminal attorneys have represented these professionals in arrests ranging from Petit Larceny Shoplifting (NY PL 155.25) and Theft of Services (NY PL 165.15) to Assault (NY PL 120.00) and felony Grand Larceny (NY PL 155.35). Because these professionals don’t merely have their criminal case to be concerned about, our New York criminal defense attorneys at Saland Law PC routinely discuss the collateral consequence of an arrest and conviction with these clients. Now, according to reports, there may be an additional and grave concern for teachers arrested or given a Desk Appearance Ticket for any criminal charge ranging from Criminal Possession of Stolen Property (NY PL 165.40) to Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03).

According to reports, a New York State Senator has proposed legislation that will have dire consequences for teachers convicted of any crime (misdemeanor or felony). Regardless of any of our personal beliefs on the value of the tenure system or whether we believe the United Federation of Teachers serves themselves or students first, the bill in the New York State Senate appears to give a mayor of New York City the ability to terminate teachers convicted of crimes. According to one report, there are in excess of 500 teachers that still hold their jobs despite the fact that they have been convicted of a crime. While I have not read the bill, reports appear to indicate that Mayor Bloomberg, and his successors, would have the ability to dismiss these and future teachers convicted of crimes.

February 24, 2011

Arrested & Charged with Grand Larceny in New York: Potential Deals & Offers in New York Criminal & Supreme Courts

by Jeremy Saland

As a New York criminal lawyer and former Manhattan prosecutor, I have handled countless crimes involving Grand Larceny in New York ranging from a couple of thousands to tens of millions of dollars. Over the past couple of years, I have successfully kept individuals out of prison, obtained reductions in cases from felonies to misdemeanors and even avoided criminal records for clients charged with and investigated or arrested for Grand Larceny. In fact, the New York criminal defense attorneys at Saland Law PC convinced prosecutors to drop an investigation and potential arrest of a client accused of a multi-million dollar tax fraud case. Because no case is routine and every case is unique, no lawyer can tell you that their past results will guarantee similar ones in the future (if they do, walk immediately away). However, what an experienced New York criminal lawyer should be able to do is explain the potential deals or offers that may be made should you decide working out a disposition is the appropriate defense in your case as opposed to confronting the charges head on and forcing the prosecution to prove their case beyond a reasonable doubt.

For the sake of this entry, we will assume our hypothetical client, Mr. X, is charged with Grand Larceny in the Second Degree (New York Penal Law 155.40) for stealing or embezzling property (in this case money, but it need not be) valued in excess of $50,000, but $1,000.000 or less. It is important to note that there is no mandatory minimum term of incarceration for a first time offender, but there is a potential maximum punishment of 5 to 15 years is prison. If you are a predicate felon, the mandatory minimum is 3 to 6 years in prison and the maximum is 7.5 to 15 years in prison.

February 20, 2011

Potential Fines in New York for Misdemeanor & Violation Convictions: New York Penal Law Section 80.05

by Jeremy Saland

Most experienced New York criminal lawyers will be able to tell you potential incarceratory punishments for felonies, misdemeanors and violations without hesitation. For example, in New York, an “E” felony is punishable by up to four years in state prison while and “A” misdemeanor is punishable by up to one year in a county or city jail (in New York City such as Manhattan or Brooklyn, county “time” is served on Rikers). Aside from a term of imprisonment, however, what are the potential fines associated with pleas or convictions for particular crimes? This entry will address those fines that may be levied for misdemeanor and violation convictions as set forth pursuant to New York Penal Law section 80.05. Fines for Class A Misdemeanors Convictions in New York

For class “A” misdemeanors, the highest misdemeanor degree, a court can fine a defendant in an amount not to exceed one thousand dollars ($1,000.00). Although limited to violations of section 215.80 of the New York Penal Law, the court may impose a fine double the value or amount of the property that was disposed of by the defendant in an unlawful manner.

February 15, 2011

Manhattan DA: Liquid Capital Management Scams 45 Victims in a $4 Million Ponzi Scheme

by Jeremy Saland

While merely “chopped liver” compared to Ponzi King Bernie Madoff, Brian Kim, the founder of Liquid Capital Management, was indicted by a New York County Grand Jury for his own Ponzi scheme that allegedly defrauded 45 people out of approximately $4,000,000. To his alleged victims, however, Mr. Kim and Liquid Capital Management were no different than Bernie. He allegedly took his naive investors on a wild ride of fraud and white collar crime that resulted in a significant loss.

According to Manhattan District Attorney Cyrus Vance Jr., Mr. Kim began his scheme back in 2003 and convinced numerous people that he was an accomplished trader. Instead, prosecutors allege Mr. Kim was not really a trader, but more of a traitor (a financial Benedict Arnold if you will) to his duped clients and pocketed their money while suffering major losses in his investments. Like the godfather of Ponzi schemes, Mr. Kim allegedly took a page out of Mr. Madoff’s playbook when he drafted false statements for his unknowing clients.

February 15, 2011

VTL 1192 – NY DWI: Does a Thirty Second Delay in Turning on a Green Light Establish Probable Cause to Stop Vehicle

by Jeremy Saland

We have all done it and we usually don’t need the assistance of a New York criminal defense lawyer. Usually, the honk of the car behind us is a sufficient reminder that the red light has now turned green and we need to put the pedal to the ground. Maybe we were looking at the radio or maybe we were engaged in a heated conversation (not on a hand held mobile, of course). Regardless, we responded slowly to the change of the light from red to green. While this delay is often attributable to carelessness, a driver in Nassau County argued that his failure to turn on a green light did not give police probable cause to stop him and ultimately arrest him for Driving While Intoxicated (DWI / DUI) in New York. In his particular case, the question asked and ultimately answered by the court was whether or not the momentary delay in his response established probable cause for the police to stop and arrest him.

In People v. Martinez, 2010NA023365, the defendant was charged with DWI, pursuant to Vehicle and Traffic Law section 1192(2) and impeding traffic, pursuant to Vehicle and Traffic Law section 1181(a). It was alleged that while standing at a red light, which ultimately turned green, the defendant failed to immediately turn. Instead, he paused with significant enough time for two vehicles to go around him. The third vehicle behind the defendant was a police officer. After about thirty seconds as the light turned yellow, the defendant turned his vehicle. After following the defendant for a couple of blocks, the officer pulled him over. There was no testimony by the police officer (the prosecutor should have brought this out) about oncoming traffic, the fashion of the defendant’s driving (did he cross over the white or yellow lines?) or whether or not the defendant used his turning signal.

February 10, 2011

Misdemeanor Assault in the Third Degree (NY Penal Law 120.00): Potential Deals & Offers for Assault in New York Criminal Courts Part I

by Jeremy Saland

Whether you were arrested for Third Degree Assault (New York Penal Law 120.00) or you were given an Assault Desk Appearance Ticket (DAT) in the New York City area, the potential offers or deals are ultimately the same. Certainly, one New York criminal defense attorney may have a different approach to get the best deal over another lawyer, but the potential crimes and violations you may obtain are all found in the New York Penal Law.

Generally, Assault in the Third Degree (NY PL 120.00) is a misdemeanor punishable by up to one year in jail. In New York City (Manhattan, Brooklyn, Queens and the Bronx), that year for an Assault arrest and conviction would be served on Rikers Island. Obviously, your New York criminal lawyer will advocate fiercely to prevent that from happening. So, assuming that you cannot beat the case on factual, legal or procedural grounds, what are the potential offers you can expect to discuss with your New York criminal defense attorney? The following is a list of those dispositions: