New York State has numerous laws and crimes regulating the use and possession of firearms and other weapons. Whether one is supportive of these statutes such as the Safe Act or not, these laws are some of the most rigid and strict in the nation. While they are all codified…
Articles Posted in Violent Crimes
Another JFK Airport Firearm Case Dismissed: Military Vet’s Arrest for Checking Pistol at Airport Gets ACD’d
Despite having top training and experience in what is the most stressful of life situations and the respect of his friends, neighbors and nation as a veteran of the armed forces, nothing prepared a recent Saland Law PC client for the overwhelming fear and concern that resulted from an arrest…
New York Second Degree Assault Felony Arrest Ends in Non-Criminal Disorderly Conduct Violation
Sometimes people make bad mistakes. Really bad mistakes. When youth is mixed with alcohol and testosterone is running through one’s veins, there is a often a toxic mix that can end in disaster. Unfortunately, a recent client who retained the New York criminal lawyers at Saland Law PC learned this…
Free Speech vs. Aggravated Harassment: True Threats and New York PL 240.30
Second Degree Aggravated Harassment, New York Penal Law 240.30, is a fairly common misdemeanor crime charged by the NYPD and prosecuted by Assistant District Attorneys throughout the City of New York. A common Domestic Violence crime, but not always a “DV” offense, an arrestee can be prosecuted by means of…
What is a Violent Crime in New York: Perception, Reality and NY CPL 70.02
“Violence” and “violent” are both ugly words. In the New York Penal Law and New York Criminal Procedure Law, offenses that can cause catastrophic injuries, traumatic physical and emotional wounds and even death are designated as violent crimes. While each one of us may have a subjective view of what…
Third Degree Assault and Obstruction of Breathing Circulation Dismissed: New York Criminal Lawyers Keep Client’s Record Clean
There is no better feeling than vindicating or exonerating a client who comes to you passionately asserting that the crime he or she is accused of is a crime that he or she did not commit. Yes, a complainant can make an allegation, but as we all know assertions made…
Second Degree Aggravated Harassment: Is Threatening to Hurt Someone Always a Threat to Cause Physical Harm
While I certainly do not condone violence, if you punch someone two or three times in the face with a clenched fist, bloody up their mouth and cause them to go to the hospital for a stitch or two, an allegation of Third Degree Assault would likely survive a criminal…
No Direct Proof I Caused Him Any Pain or Physical Injury: Circumstantial Third Degree Assault Arrests in New York
New York Penal Law 120.00 is New York’s misdemeanor Assault crime. As a result, any time a complainant or alleged victim makes an claim that another person struck, hit, punched, etc., him or her, prosecutors will routinely add Third Degree Assault to the list of crimes on a criminal court…
Menacing with a Dangerous Instrument v. Weapon Possession in NY: Is an Operable Weapon Required for Both Crimes
It is well settled, and worth getting out of the way right from the start, that operability or a working weapon is generally an essential part of a Criminal Possession of a Weapon charge and crime pursuant to New York Penal Law Article 265. In substance, this means that if a…
Mace and Other Dangerous and Deadly Instruments: Must Prosecutors Prove Operability
A gun is not always a gun in the eyes of the law. A firearm is not always a firearm as it is defined by New York criminal court judges. An arrest for a can of mace, you guessed it, is not always a can of mace for the purpose…