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According to Staten Island District Attorney Dan Donovan, a jury convicted Kevin Parker, a New York State Senator from Brooklyn, New York, on two counts of Criminal Mischief in the Fourth Degree. “A” misdemeanors, Senator Parker faces up to one year in jail (Rikers Island) on each count. It is highly unlikely Senator Parker would receive the maximum one year or that the sentences would run consecutive. Former New York State Senator Hiram Monserrate was convicted of Assault in the Third Degree during the 2008 to 2010 term.

Not considered a violent crime, Criminal Mischief generally occurs when one intentionally damages property of another without permission or authority. If the damage reaches a certain level, then the degree of the crime increase from a misdemeanor to a felony. Any damage, regardless of how insignificant, can be the basis of a Criminal Mischief conviction.

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Hao “Howie” Wang, a JPMorgan Chase banker formerly employed at a Manhattan branch, was arrested and arraigned in New York County Supreme Court earlier today in connection with an alleged theft of over $1 million. According to Manhattan District Attorney Cyrus Vance Jr., Mr. Wang stole the identities of four clients to get his own personal bank bail out. Mr. Wang is charged with one count of Grand Larceny in the First Degree (NY PL 155.42), four counts ofGrand Larceny in the Second Degree (NY PL 155.40), one count ofGrand Larceny in the Third Degree (NY PL 155.35), twelve counts ofIdentity Theft in the First Degree (NY PL 190.80), four counts of Falsifying Business Records in the First Degree (NY PL 175.10), five counts of Forgery in the Second Degree (NY PL 170.15), and one count of Scheme to Defraud in the First Degree. If convicted, Mr. Wang faces up to 25 years in prison for Grand Larceny in the First Degree, 15 years in prison for Grand Larceny in the Second Degree, 7 years in prison for Grand Larceny in the Third Degree, Identity Theft in the First Degree and Forgery in the Second Degree, and 4 years in prison for Falsifying Business Records in the First Degree and Scheme to Defraud in the First Degree.

Arrested in November at Newark Airport, it is alleged that Mr. Wang perpetrated his scheme by using clients’ information to open accounts or obtain loans that he would eventually use. Other than buying himself a $46,000 watch, it is alleged that most of this money was transferred overseas where Mr. Wang may have been heading at the time of his arrest.

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Often times confused with Resisting Arrest (New York Penal Law 205.30), Obstructing Governmental Administration in the Second Degree (New York Penal Law 195.05), occurs when a person intentionally obstructs the administration of law or attempts to prevent a public servant, such as a police officer, from performing an official function. This obstruction can be through intimidation, physical force or any independent unlawful act. In other words, if the police are trying to make a lawful arrest of another person and you prevent them from doing so by blocking the police or pushing them away, this charge would likely be applicable. If the police were trying t make an arrest of you and you conducted yourself in the same manner, the likely charge would be Resisting Arrest. Both crimes are “A” misdemeanors punishable by up to one year in jail. In Manhattan, Brooklyn or any other location in New York City, the one year in jail would be served on Rikers Island.

An interesting question that will be addressed in this blog entry is whether or not words alone can create a sufficient obstruction to sustain the charges of Obstructing Governmental Administration in the Second Degree. Fortunately, a recent decision may help shed light on this issue.

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Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, is pleased to announce our client received an Adjournment in Contemplation of Dismissal (ACD) after she was arrested for trying to check a firearm (gun, pistol, revolver, etc.) with a desk agent from JetBlue at New York’s John F. Kennedy Airport in Queens. This offense, Criminal Possession of a Weapon in the Second Degree (New York Penal Law 265.03), is a “C” violent felony punishable by up to fifteen years in prison and carries a mandatory minimum of three and one half years in prison.

Despite what many people think, properly registering a firearm and obtaining a concealed weapon permit in their home state does not give them the authority to do so in New York. Compounding matters, even if the gun is “broken down” in a hard sided case with the ammunition in a side compartment, New York law is clear. In substance, if the firearm is capable of being loaded it is, as a matter of law, loaded. What you may perceive as an empty weapon is in fact loaded.

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Shoplifting in New York, from Manhattan to Brooklyn and the Bronx to Queens, is a crime routinely prosecuted by District Attorney’s Offices throughout the New York City region. Surprisingly, while New York criminal defense lawyers regularly handle New York shoplifting cases (often prosecuted under New York Penal Law 155.25 – Petit Larceny or 165.40 – Criminal Possession of Stolen Property), the public is often ignorant of New York shoplifting laws. What are the potential crimes and collateral consequences of a shoplifting arrest or conviction? What is a New York shoplifting Desk Appearance Ticket and what are the court procedures? To help give those arrested for shoplifting a springboard to educate themselves on New York criminal law, Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Shoplifting information page.

The New York Shoplifting information page is not a substitute for a consultation with or an analysis by your New York criminal lawyer. Instead, the New York Shoplifting information page addresses the the crimes of Petit Larceny (New York Penal Law 155.25), Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40) and the more serious felony crimes associated with shoplifting laws and crimes. Additionally, the New York Shoplifting information page contains links to other information pages relating to the arrest process in New York City (Manhattan, Brooklyn, Queens, etc.) and Desk Appearance Tickets that are often issued for shoplifting arrests. Beyond this, there are links to additional resources addressing shoplifting laws and the collateral consequences of any type of plea including those that do not result in a criminal record. For example, the collateral impact of a shoplifting arrest for a teacher, MBA graduate employed in finance or a physician may be significantly greater than a individual employed in an area where certifications or background checks are not required.

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In non legal terms, it is very easy to look at Burglary in New York (New York Penal Law sections 140.20, 140.25 and 140.30) as trespassing in a building that you entered or remained in with the purpose or goal of committing any type of crime. Although there are significant nuances and elements differentiating the degrees of Burglary that should be discussed with your New York criminal defense attorney, it is critical to understand the law of Burglary in New York because there are vast differences in the potential punishment amongst the three degrees of this crime.

One of the significant differences, for example, between a charge of Burglary in the Third Degree (NY PL 140.20) and Burglary in the Second Degree (NY PL 140.30), is that the building entered is a “dwelling.” If your conduct is the same, but instead of an office building you enter a dwelling, the crime will be “bumped up” to the Second Degree Burglary. If this occurs, the mere fact that you entered a “dwelling” will raise the potential sentence from a maximum of seven years in prison to a maximum potential sentence of fifteen years with a mandatory minimum of three and one half years. Knowing the ramifications, this entry will take a step back and lightly dissect how a “dwelling” is defined.

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In an ongoing effort to decipher the white collar criminal law in New York, the New York criminal defense attorneys and former Manhattan prosecutors at Saland Law PC have created an information page for Falsifying Business Records in the First Degree (NY Penal Law 175.10) and Falsifying Business Records in the Second Degree (NY Penal Law 175.05). Falsifying Business Records in the First Degree is an “E” felony punishable by up to four years in state prison while Falsifying Business Records in the Second Degree is an “A” misdemeanor punishable by up to one year in jail.

Briefly, both of these white collar crimes are often associated with other offenses including Grand Larceny, Forgery and Criminal Possession of a Forged Instrument. Generally, Falsifying Business Records in the Second Degree occurs when a person alters, destroys or fails to input information in the records of a business with the intent to defraud. What escalates this offense to the felony crime is when the person acts as described, but also has the intent to commit or cover up another crime. The easy way to visualize this crime is as follows:

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Any crime or offense in New York where violence is perceived or carried out is a serious offense. Experienced New York criminal defense lawyers who handle violent felonies and misdemeanors often represent clients in Criminal Possession of a Weapon and Assault cases. Not seen as often, but potentially as serious, is the crime of Stalking. Briefly, Stalking in New York ranges from a “B” misdemeanor (New York Penal Law 120.45) punishable by up to 90 days jail to a “D” felony (New York Penal Law 120.60) punishable by up to seven years in prison. Between these two crimes are Stalking in the Third Degree (New York Penal Law 120.50) and Stalking in the Second Degree (New York Penal Law 120.55). The following entry will define and address Stalking in the Fourth Degree as it relates to “reasonable fear.” Although addressing “reasonable fear” in the context of Stalking in the Fourth Degree, this entry is relevant to the other degrees as well.

Generally, one is guilty of Stalking in the Fourth Degree when one intentionally and without a legitimate purpose, engages in a course of conduct directed towards an individual person and knows, or reasonably should know, that his or her actions:

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Manhattan District Attorney Cyrus Vance, Jr. announced the arrest and indictment of Stephanie Brown, a rare coin expert (numismatist) broker and dealer, on 83 charges including Burglary in the Second Degree, Grand Larceny in the Second Degree, Scheme to Defraud in the First Degree and Forgery in the Second Degree. It is alleged that after Ms. Brown duped a mother-daughter pair into investing $1 million dollars into gold and silver coins during a three year period. Ms. Brown, an Arizona native, allegedly came to New York and stole $430,000 worth of those coins back from the pair after they allowed Ms. Brown to come to their apartment.

According to the Manhattan District Attorney’s Office, since 2007, Ms. Brown, at one time an an independent broker for ITM Trading, Inc “made numerous misrepresentations and omissions in order to induce the mother and daughter to purchase coins. For example, [Ms. Brown] advised both mother and daughter to liquidate all financial investments they held and to invest their life’s savings in gold coins.”

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The New York criminal defense attorneys at Saland Law PC have created an “information page” for those people charged with or seeking information on the crime of Criminal Mischief in New York. Not merely a regurgitation of New York Penal Law sections 140.00, 145.05, 145.10 or 145.12, the resource page is a starting point to educate yourself about this crime. While the page is no substitute for an in depth review of your particular facts with an experienced New York criminal lawyer, this tool does discuss potential areas where you may find your defense.

Generally, Criminal Mischief in the Fourth Degree (NY Penal Law 145.00), a relatively common misdemeanor involving the damaging of another person’s property, is the basis of all of the other felony crimes involving Criminal Mischief. From Manhattan to Queens and Brooklyn to Westchester County, the crime of Criminal Mischief involves the same premise. That is, if you intentionally damage another person’s property, regardless of how significant, you can be charged with a crime. The misdemeanor offense even permits a reckless damaging to be the basis of this charge. What bumps the crime up to a felony is the amount of the damage. Once the damage exceeds $250 and $5,000, the crime becomes an “E” and “D” felony respectively.

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