There are countless arrests for Assault in the Third Degree, New York Penal Law 120.00, Assault in the Second Degree, New York Penal Law 120.05, and Assault in the First Degree, New York Penal Law 120.10, charges every year in New York City. An issue that arises incredibly frequently, and…
Articles Posted in Violent Crimes
New York Criminal Contempt and the Protected Person’s Residence: Trying to Build a Case without a Victim
Orders or Protection are perhaps the most frequent basis for Criminal Contempt charges in New York. Such charges and criminal cases have become so routine, that the actual complaints charging a defendant with such an offense can become so pro forma as to become almost meaningless. However, the accusations in…
What is a “Dangerous Instrument” for the Purpose of Weapon Possession, Assault and other Crimes in New York
The term “dangerous instrument” is used throughout the New York State Penal Law as an elements of certain criminal charges, typically violent felonies such as Assault in the Second Degree, New York Penal Law 120.05(2), but for other misdemeanor crimes such as Fourth Degree Criminal Possession of a Weapon, New…
NYC Arrest for Second Degree Assault and Second Degree Strangulation Ends in Dismissal of All Domestic Violence Charges in Court
Accused of strangling and slamming the complainant’s head into a radiator during a domestic violence dispute, a recent Saland Law PC client faced up to seven years in prison after being arrested for and charged with Second Degree Assault, New York Penal Law 120.05, and Second Degree Strangulation, New York…
New York Crimes Involving Houses of Worship and Religion: Felonies Against Churches, Mosques, Temples and Synagogues
Tension between religious groups and ignorance about others’ religious beliefs can manifest its head in very ugly and illegal ways. Sometimes it is violence against individuals who share a different religion while other times the target of these attacks are the physical houses of worship – synagogues, churches, mosques, temples…
Stalking in the Fourth Degree: New York Penal Law 120.45 and Creating a Reasonable Likelihood of Fear as Opposed to Fear Itself
Fourth Degree Stalking charges in New York are often very unique and fact-specific circumstances, which tend to give rise to a multitude of legal issues in the course of a prosecution. Prior relationships between defendants and alleged victims, unduly suggestive photo identifications, First Amendment protections, whether odd behavior truly rises…
Criminal Contempt in New York and the Identity of the Protected Person: What Role Does “Victim” Identity Have in a Criminal Complaint
Misdemeanor and Felony Criminal Contempt crimes and charges in New York, New York Penal Law 215.50 and New York Penal Law 215.51 respectively, often arises in the context of alleged violations of Orders of Protection. An Order of Protection is often issued by a Criminal or Family Court, and orders…
Differentiating Aggravated Cruelty to Animals and Torturing Animals: NY AML 353-a[1][i] v. NY AML 353
Animal cruelty, whether in violation of a criminal statute or an otherwise intentional, callous and malicious act or acts, is simply horrendous. Whether one wears the hat of a District Attorney, criminal defense lawyer, judge or person who merely cares about the well-being of others living things, committing acts of…
Aggravated Harassment Arrests: Does a “Conditional Threat” Satisfy the “True Threat” Requirement of NY PL 240.30
While not always a domestic crime or family offense, arrests for Second Degree Aggravated Harassment in New York are fairly common in the marital, parent-child and intimate partner context. However, whether the partners have a sexual, physical or familial relationship is of no consequence. Business partners, friends and acquaintances can…
Must a Firearm be Operable to Prove a Violation of Criminal Possession of a Weapon or Criminal Possession of a Firearm
Sometimes, if not routinely, a common sense or every day definition does not comport with those found in the New York Penal Law. Whether statutorily defined or established pursuant to legal precedent and decisions, what may seem clear to you may actually be quite different in a court of law.…