Sometimes Resisting Arrest, pursuant to New York Penal Law 205.30, is the top count or sole “A” misdemeanor crime charged in a criminal court complaint. Whether it is in New York County (Manhattan), Kings County (Brooklyn), Queens County, or Westchester County, an arrest for Resisting Arrest is certainly a charge…
Articles Posted in Non-Violent Crimes
New York Gambling Record Crimes: Must Prosecutors Allege in an NY PL 225.15 Complaint that You Did Not Possess the Records for Personal Use?
Depending on the facts and circumstances, gambling in New York, outside of Native American Reservations and the horse tracks, is an illegal enterprise. Unlike Las Vegas, gambling in New York City or elsewhere in the State of New York can land you in jail and the winner of a criminal…
Client with Previous Felony Record Gets Disordely Conduct After Charged with Felony Criminal Mischief
The New York criminal lawyers at Saland Law PC are pleased to announce a top disposition for a client charged with Criminal Mischief in the Third Degree (New York Penal Law 145.05), Auto Stripping in the Third Degree (New York Penal Law 165.09) and Attempted Petit Larceny (New York Penal…
Occupy Wall Street: What Disorderly Conduct & Other Criminal Arrests Mean to a Protester’s Future
We can all agree to disagree on the merits, impact and value of Occupy Wall Street sit-ins, protests and mere presence in lower Manhattan. Whether protesters blocking the Brooklyn Bridge hurt the blue collar and regular working class person trying to get to and from work or their actions truly…
Extortion in New York State: An Affirmative Defense to NY Penal Law 155.05(2)(e) and 155.40(2)
In an earlier entry relating to Extortion, a subset of Grand Larceny, I identified and differentiated the difference between the Grand Larceny Extortion statutes found in New York Penal Law sections 155.05(2)(e) and 155.40(2). This entry will deal with the criminal defense to the crime of Extortion in NY that…
New York Gambling Crimes: Accused Gets ACD After Charged with Felony Promoting Gambling in the First Degree
District Attorneys and prosecutors through New York City – Manhattan, Brooklyn, Queens, Bronx and Staten Island – routinely utilize their “long arms” to attack criminal schemes and grab targets of crime well beyond the borders of Gotham. Often times, New York criminal lawyers represent those accused of frauds and criminal…
Obstructing Governmental Administration (New York Penal Law 195.05): Can Words Alone be the Basis of the Obstruction
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.…
Saland Law PC’s Criminal Mischief (New York Penal Law 145.00, 145.05 & 145.10) Criminal Defense Resource Page
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…
A Criminal Defense to Reckless Endangerment: Factual Impossibility and New York Penal Law Sections 120.20 & 120.25
Reckless Endangerment, New York Penal Law sections 120.20 and 120.25, is either an “A” misdemeanor punishable by up to one year in jail or a “D” felony punishable by up to seven years in state prison. While I have defined Reckless Endangerment in the First and Second Degrees in other…
Graffiti Crimes & Making Graffiti in New York: The “Related Matters” Criminal Defense & Right To Counsel
Although it rears its head in other areas of New York criminal law, violations of a defendant’s right to counsel (right to remain silent) seem disproportionately greater in the area of New York graffiti crimes including Making Graffiti (New York Penal Law 145.60), Criminal Mischief (New York Penal Law 145.00)…