According to New York Penal Law 、215.40(2), a person is guilty of Tampering with Physical Evidence when “[b]elieving that certain evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by an…
Articles Posted in Non-Violent Crimes
NY Trespass Dimsmissed – Court Agrees with Criminal Defense Attorney – Complaint Facially Insufficient
A New York City criminal defense lawyer has successfully argued in Brooklyn Criminal Court that the pending Trespass charges, pursuant to Penal Law 、140.15, 、140.10(a) and 、140.05, against his client should be dismissed for facial insufficiency. The Brooklyn Criminal Court decision in People v. Darrell Weatherspoon, 2008KN076633, was published last…
Perjury and Inconsistency as a Crime: Why You Should Consult with a NY Criminal Defense Attorney
If you are a witness or a defendant in a criminal matter in a metro-NY court you should always consult with a NY criminal defense attorney before talking with law enforcement. In fact, you should always be prepared to testify in the event that you are called to do so.…
NY Criminal Defense: Making Graffiti, Possession of Graffiti Instruments & Criminal Mischief Part I
The New York criminal defense attorneys at Saland Law PC know firsthand how the NYPD has been aggressively pursuing people accused of graffiti and graffiti related crimes. The NYPD’s Vandal Squad, based out of Brooklyn, is hell bent on cleaning up New York. While we can all agree that keeping…
NY Penal Law 240.20: Disorderly Conduct – Not an ACD, but a Good Non-Criminal Disposition
A skilled New York criminal defense attorney may be able to beat your criminal case outright or work out a great deal for his or her clients in the face of overwhelming evidence. Sometimes there is a technicality requiring dismissal of the case such as a speedy trial issue or…
NY Criminal Defense: Judge Dismisses Reckless Endangerment, Attempted Tampering With Physical Evidence & Obstruction of Governmental Administration
A Manhattan (NY County) Criminal Court Judge recently agreed with a NY criminal defense attorney and dismissed an entire criminal complaint against the defendant. The judge dismissed the charges of Reckless Endangerment, Attempted Tampering with Physical Evidence and Obstruction of Governmental Administration after the judge found the complaint facially insufficient.…
Orders of Protection and Restraining Orders: A Valid Criminal Defense if the Criminal Case Occurs After a Family Court Disposition
Generally, one violates an order of protection and is guilty of Criminal Contempt if one fails to abide by the regulations set forth in the order of protection / restraining order. Unfortunately, as the NY criminal defense attorneys and former domestic violence prosecutors at Saland Law PC, can tell you,…
Criminal Mischief – NY Penal Law 145.00: Lacking Intent as a Defense
You have just been arrested for Criminal Mischief, NY Penal Law 145.00 and you are waiting to see the judge after going through Manhattan Central Booking. Earlier in the day you got into a fight and threw a metal garbage bin from the corner of the street at some guy.…
NY Criminal Defense – Endangering the Welfare of a Child 、260.10: Merely Leaving a Child Home Alone
When representing clients in matters involving Endangering the Welfare of a Child, Penal Law 、260.10 New York criminal defense attorneys routinely deal with a host of different facts and circumstances. Sometimes a parent’s activity clearly violates the statute when, for example, the child is assaulted. Other times, however, the actions…
NY Criminal Defense – Trespass in NY: Difference Between NY Penal Law 、140.15 and 、140.10
Each statute in New York Criminal Law has its own nuances. Sometimes particular subsections point to different theories of the same crime while other statutes, although similar on their face, are distinct and separate crimes. Some of these differences are very obvious to the non-legal observer while others require the…