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Articles Posted in Violent Crimes

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Coercing Sexual Intercourse: Penal Law 135.61 and the “New” Second Degree Coercion

As of November 2018, New York Coercion laws and crimes have changed. Penal Law 135.61 replaces Penal Law 135.60 as the “new” Second Degree Coercion making the latter statute the Third Degree offense. This class “E” felony adopts much of the language from the lesser misdemeanor but adds a new…

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Menacing and Endangering the Welfare of the Child Dismissed by Prosecution on Merits

“Only the guilty hire defense attorneys.” “If he was arrested, he clearly did something wrong.” “Innocent people aren’t accused of crimes. Clearly, she’s guilty.” Somewhat common refrains by those who have never had the misfortune of being accused of wrongdoing, whether fair or not, until you find yourself in handcuffs…

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What is the Penalty for Assault in New York: Frequently Asked Questions You Were Afraid to Ask

What is the penalty for Assault? How much jail time can you get for Assault? For that matter, what is an Assault charge? Whether you are arrested for violating New York Penal Law section 120.00, 120.05 or 120.10, every  conviction will leave you permanently tarnished with a misdemeanor or felony…

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LeSean McCoy Allegedly Beat Ex-Girlfriend, Son and Henry the Dog: Potential Crimes if Accusations by Friend of Ex-Girlfriend Valid and Occurred in New York State

A friend of LeSean McCoy’s ex-girlfriend, Delicia Cordon, accused the Buffalo Bills’ running back of a horrifically violent attack that allegedly left Cordon hospitalized and bloodied. Beyond the claimed domestic violence she suffered at his hands, further assertions, by way of Instagram, lobbed at the athlete included the beating of…

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NYC Stalking Arrest Ends in Acquittal After Trial: Client Exonerated and Cleared of New York Penal Law 120.45

In the age of #Metoo, an important movement long time coming, there can be unforeseen consequences when vigorously supporting gender-based misconduct without stepping back to thoroughly examine an accusation. Simply, allegations that lack sufficient corroboration or answers to reasoned questions should hold no more water than those in other contexts.…

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Harvey Weinstein Arrest and Surrender to Manhattan DA: Possible Crimes of Sex Abuse, Criminal Sexual Act and Forcible Touching

According to multiple reports, initially broken by courtroom sleuth and NY Daily News reporter, Shayna Jacobs,  Harvey Weinstein is set to turn himself in on Friday to the Manhattan District Attorney’s Office for arrest and prosecution. Although it is not clear at the time of this writing whether the infamous…

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Prosecuting the Prosecutor: Possible Criminal Charges Against Former NYS Attorney General Eric Schneiderman

By no means are multiple allegations proof of criminal conduct nor any wrongdoing whatsoever, but the claims against Eric Schneiderman, who only about an hour prior to drafting this blog served as the New York State Attorney General and chief law enforcement officer of the Empire State, are quite serious.…

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Burglary and Attempted Assault Charges Dismissed: Felony Arrest Results in Disorderly Conduct

You’re were drunk at a bar. Maybe it was just a bit more than one bourbon, on scotch and one beer. What spirits you imbibed and the exact amount is fairly irrelevant. What matters, however, is that after your were told to leave you did so, but came back angry,…

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Criminal Obstruction of Breathing or Blood Circulation: New York Penal Law 121.11

One of the more serious misdemeanor crimes you can be arrested for in New York, Criminal Obstruction of Breathing or Blood Circulation, New York Penal Law 121.11(a) and New York Penal Law 121.11(b), is often charged in the context of a New York Domestic Violence arrest. Although a prosecution for…

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New York Penal Law 120.14: Understanding the “Physical Menace” Element of a New York Menacing Arrest

Menacing in the Third Degree, New York Penal Law 120.15, is a B misdemeanor in New York punishable by up to 90 days in jail. “Menacing” refers to a crime in which a person intentionally places another person in fear for their physical safety by “physical menace.” The question then…

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