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Articles Posted in Violent Crimes

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If the Police Solely Observe a Knife Clip is it a Sufficient Basis for them to Arrest You for NY PL 265.01 in New York?

If you could not merely search the NewYorkCriminalLawyerBlog.Com, but review transcripts from suppression hearings and examine New York criminal court complaints, it is likely that you would find a very common theme amongst individuals arrested for possessing illegal knives in New York pursuant to New York Penal Law 265.01(1) (often…

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If the Police Fail to Establish their Training and Experience in Your Gravity Knife Arrest is it Grounds for Dismissal: Facial Sufficiency & PL 265.01

If you are reading this blog entry regarding a gravity knife arrest in New York City or any other jurisdiction or municipality, there is a good chance you were stopped innocently walking down the street or driving your car and the police saw the knife’s clip outside your pocket. After…

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Felony Gun & Pistol Possession in NY: PL 265.01-b(1) & PL 265.01-b(2)

Not mean to be a political statement in any way, the following is arguably a simple “fact.” Prosecutors in New York City and the surrounding suburbs have little sympathy and compassion for individuals arrested for firearm and weapon crimes. This assertion can be attributed to those crimes where a gun,…

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You Assaulted Me! Understanding New York Misdemeanor Assault Crimes (PL 120.00) Beyond Common Perception

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.…

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The Zealous Prosecution of New York Gun and Firearm Cases: When an Injury may not be Caused by Criminal Conduct

Everyone is scared of guns. After all, some horrific incidents have corroborated why many lawmakers in New York believe the strict firearm laws of the New York Penal Law are necessary. While there is little doubt that firearms in the wrong hands are overwhelmingly dangerous and laws must be enacted…

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New York Criminal Lawyers Get Dismissal of Client’s Weapon Possession Arrest of PL 265.01(2)

With the amount of blog entries I have recently drafted relating to New York weapon crimes including those involving New York firearm laws and knife arrests, one would think that the criminal lawyers at Saland Law PC spend their days solely defending clients against misdemeanor (New York Penal Law 265.01)…

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All “Weapons” are not Equal: Understanding Subsection Two of Fourth Dgree Criminal Possession of a Weapon (NY PL 265.01(2))

New York State is on tough place to face a criminal charge. Yea, there are always concerns with New York’s “strict liability” crimes where knowledge, as opposed to intent to commit a crime, is a sufficient basis for an arrest and conviction, but in the realm of New York City…

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NYC Firearm & Gun Arrests: Can You Get Your Firearm or Gun Back from the Police if it was Seized After Your Arrest at JFK or LaGuardia Airports

Among many concerns that someone arrested for possessing a loaded (or unloaded) firearm, pistol, revolver or similar gun at a New York City airport may face, is how, if at all, the firearm can be returned subsequent to a resolution of the criminal case. Whether you are charged with a…

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Per Se Weapons & Fourth Degree New York Weapon Crimes: Defining Bludgeon and Identifying Defense Practices in a NY PL 265.01 Arrest

There are countless means in which a non-weapon, if used in a particular way, becomes a weapon in the eyes of the law. In New York, a tree branch, spoon, pair of shoes or just about anything else, if used in violent and assaultive way, can be the basis of…

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NYC Weapon & Imitation Pistol Crimes: Understand the Administrative Code and “Reasonably Perceived” Language

Not all of New York’s weapon crimes are located or found in the New York Penal Law. Certainly, a review of Article 265 of the New York Penal Law will reveal the most serious gun and firearm crimes such as Criminal Possession of a Weapon in the Second Degree (New…

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