Second Degree Aggravated Harassment in New York, pursuant to New York Penal Law 240.30, is a crime that is always immersed in a pool of many questions. Sometimes the conduct clearly establishes the foundation for an arrest while other times your criminal lawyer may be left scratching his or her…
Depending on the side of the law you stand (the defendant arrested for Aggravated Harassment in the Second Degree or the complainant accusing you of violating New York Penal Law 240.30), the evolution and changes to this crime is either concerning or welcomed. As initial matter, some things have not…
One of the fairly common calls we receive as New York criminal lawyers and New York criminal defense attorneys revolves around misdemeanor marijuana (“marihuana” in the New York Penal Law) arrests. The questions run the gamut. I received a New York City Desk Appearance TIcket for PL 221.10, have I…
The concerns of a person arrested for Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03, are many. If you are doctor, accountant, teacher, lawyer or financial services professional, what will happen to your license or certification? Beyond the initial scare and concerns, what are your…
In the beginning years of his first term, Manhattan District Attorney Cyrus Vance, Jr. initially followed much of the policy of his predecessor, Robert Morgenthau. Over time, Vance tweaked what he believed needed tweaking and completely changed what he believed needed changing. Some crimes were prosecuted more vigorously while others…
The cornerstone to any arrest in New York for the possession of a controlled substance – cocaine, heroin, molly, ecstasy – is arguably first and foremost that you actually possessed the drug, narcotic or controlled substance in question. If that is not the first hurdle that prosecutors in Manhattan, Brooklyn,…
What is a “molly” or “Molly”? Yes, it is a drug and some form of narcotic or controlled substance, but how does that translate into New York criminal law? Must you sell a molly or is mere possession of a molly enough to be arrested and convicted of a crime?…
One of the most common questions that arise in the practice of New York criminal law from the perspective of both a prosecutor (Assistant District Attorney) and a criminal defense attorney or lawyer is when an assault is an Assault (note the big scary capitalization of the word). That’s right.…
More often than not, if you are arrested in New York City for certain misdemeanor crimes such as PL 155.25, PL 165.40 (the “NYC shoplifting crimes“), PL 120.00 (assault), PL 220.03 (“personal use” drug possession) or PL 165.15 (service theft), the New York City Police Department will give you a…
You slap someone in the face. Certainly its not nice, but is it a Third Degree Assault in New York? You punch someone in the gut. Again…not nice…but is it an Assault in the Third Degree? You kick someone in the ribs (maybe they deserved it and you were merely…