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Articles Posted in Violent Crimes

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Prosecuting a Domestic Assault Case without a Victim: The Excited Utterance Rule in New York

The common perception is that most of the work of a New York criminal attorney comes in zealously representing their clients at trial while trying to enter a reasonable doubt in the mind of a jury or a judge. While that is certainly a role played by criminal attorneys in…

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A Conspiracy of One: Understanding the New York Crimes Against Alleged Manhattan Pipe Bomb Terrorist Jose Pimentel

In a fairly atypical prosecution by the Manhattan District Attorney’s Office, Cyrus Vance, Jr. and Company are spearheading a case in Manhattan Criminal Court against alleged “lone wolf” terrorist, Jose Pimentel. It is alleged that Pimentel was a step or two away from detonating a shrapnel filled pipe bomb somewhere…

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New York Penal Law 120.00 Deals & Offers: Potential Lesser Pleas in New York Criminal Courts Part II

In a previous entry, I addressed the crime of Assault in the Third Degree pursuant to New York Penal Law 120.00 as well potential deals or offers one could expect in New York City courts (as well as elsewhere in the state). Once again, if you intentionally (or recklessly) cause…

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The Confluence of Robbery & Weapon Crimes in the New York Penal Law: Possessing and Displaying a Firearm During a Theft

As discussed previously on this blog site, Robbery, under NY Penal Law section 160.00, is defined as “forcible stealing.” Thus it differs from other theft crimes for which force is not an element. In this legal context, “forcible” means threatening or using physical force. The force element can be satisfied…

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New York Criminal Lawyers Obtain Dismissal of Burglary After Two Positive IDs in Line Up

There are few crimes in New York that are more serious than the crime of Burglary. Whether the allegation is that you perpetrated Burglary in the Third, Second or First Degree, there is potential for significant state prison. In fact, Burglary in the Second and First Degree have a mandatory…

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New York Penal Law 265.01(1): The “Metal Knuckle” & Brass Knuckle Criminal Dilema

One of the most common weapon crimes prosecuted in New York City is the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree. This crime, New York Penal Law 265.01(1), sets forth and establishes certain objects that are automatically considered weapons regardless of whether or not you…

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No Criminal Record: New York Criminal Lawyers Get Disorderly Conduct After Clients Charged with Burglary in the Second Degree (NY PL 140.25)

Sometimes prosecutors can be all “bark” and no “bite.” In the case of two clients charged with Burglary in the Second Degree (New York Penal Law 140.25), this was precisely the situation. Prosecutors claimed that our clients committed the crime of Burglary in the Second Degree after they allegedly went…

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New York Penal Law Article 121: Strangulation and Related Offenses Information Page

While Assault, Burglary, Robbery and Weapon Possession are the more common violent crimes prosecuted by Assistant District Attorneys in Manhattan, Brooklyn, Queens and other offices in the New York City region, crimes relating to strangulation are also “on the books.” In fact, pursuant to Article 121 of the New York…

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Misdemeanor Assault in the Third Degree (NY Penal Law 120.00): Potential Deals & Offers for Assault in New York Criminal Courts Part I

Whether you were arrested for Third Degree Assault (New York Penal Law 120.00) or you were given an Assault Desk Appearance Ticket (DAT) in the New York City area, the potential offers or deals are ultimately the same. Certainly, one New York criminal defense attorney may have a different approach…

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Tampering With a Witness – NY Penal Law 215.10 Through NY Penal Law 215.13: New York Criminal Law & Defense Information Page

Tampering with a Witness, a crime in New York State punishable by as “little” as up to one year in jail and as much as up to twenty five years in state prison, is an offense the prosecutors and the courts take extremely seriously. From New York criminal lawyers to…

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