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Articles Posted in Violent Crimes

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Queens CPW 2 Ends in ACD and Future Dismissal: Client Avoids Criminal Record After LaGuardia Airport Arrest for NY PL 265.03

Although the law does not provide for it, there is an objective difference between an possessing an unlicensed and unregistered loaded firearm and possessing an unlicensed and unregistered loaded firearm. Wait. What? In New York State, if you possess a loaded firearm outside your home or place of business and you are…

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New York Criminal Defense Results: Arrest for Second Degree Assault with Vehicle Reduced from Felony to Non-Criminal Violation

Sometimes bad things happen to good people. When that bad thing is being accused of a crime, arrested, hauled into a precinct, fingerprinted, and thrown before a judge, the consequences to your mental state, career and outlook on life can be devastating. If a misdemeanor accusation is horrendous, a felony…

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Is it too Ambiguous for an Arrest or Conviction: The Standard for Second Degree Aggravated Harassment Complaints

In New York State, especially in New York City, arrests for Second Degree Aggravated Harassment, New York Penal Law 240.30, are fairly routine. Routine doesn’t mean the crimes are taken lightly by the NYPD or the District Attorney of Manhattan, Brooklyn, Queens or the Bronx. In fact, it is quite…

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Second Degree Assault and Endangering the Welfare of a Child Dismissed: Knife Injury to Eye of Child an Accident

I have discussed it many times on the NewYorkCriminalLawyerBlog.Com. Endangering the Welfare of a Child, New York Penal Law 260.10, may not be the most serious offense in New York’s criminal code, but it is a crime that is horrifically stigmatizing and one that carries up to one year in…

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True Threats and No Legitimate Purpose: Establishing the Elements of an Aggravated Harassment Crime, NY PL 240.30

Second Degree Aggravated Harassment, New York Penal Law 240.30, is one of the most widely charge crimes that often teeters between a violent and non violent offense. Not only are the alleged threats made in an NY PL 240.30 investigation relevant down to the exact words used and the context…

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Does A Work Email Account Constitute a Place of Employment in Violation of Stalking Pursuant to NY PL PL 120.45(3)

When those not familiar with New York’s criminal justice system and the New York Penal Law think of Stalking and Stalking related crimes, the picture that comes to mind is often of a man who follows a woman around a public place, sends unwanted solicitations by text, phone or email and…

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Second Degree Burglary Arrest Leads to ACD and Avoidance of Mandatory Incarceration or Criminal Record

Alcohol often brings out the worst in people. On occasion we may see the smiling, happy and funny intoxicated person, but more often than not extreme intoxication leads to terrible and sometimes life altering consequences. While Driving While Intoxicated, aka, DWI or DUI, often comes to mind, fights, thefts and…

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Fighting Words, Freedom of Speech and New York’s Second Degree Aggravated Harassment Statute: NY PL 240.30

The crime of Aggravated Harassment in the Second Degree (Penal Law 240.30(1)) has evolved over the years as the Court of Appeals has removed part of the statute and others have been added by the legislature. One thing that has not changed, however, is how serious penalties can range if…

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Second Degree Aggravated Harassment Charged Dismissed: Bogus NY PL 240.30 Arrest Dismissed after Complainant’s Allegations Exposed as False

Nobody likes to falsely be accused of wrongdoing. Even worse, nobody ever wants to be accused of a crime he or she did not commit. Whether in New York City or any other city or state, the consequences of an arrest are often devastating to one’s mental health and one’s…

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Client Arrested in New York with Two Unlicensed Firearms and Hundreds of Rounds of Ammunition Receives ACD Dismissal & “Nullified” Arrest

New York City’s JFK and LaGuardia airports see their fare share of criminal activity. The airports are crawling with federal, state and local law enforcement ready to swoop down at the first sign of some wrong doing. One of the seemingly growing crimes that the Port Authority Police Department, TSA…

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