There are “ugly” crimes and there are “uglier” crimes in the State of New York. Any offense that involves a threat of or actual violence falls in the latter category. Because of this, when crimes such as Assault, Stalking and Menacing are the foundation of an arrest in New York…
There are many violent crimes in the New York Penal Law that may not be considered felonies, but are extremely serious crimes nonetheless. Menacing in the Second Degree, New York Penal Law 120.14(1), is one such crime. Right or wrong, better or worse, the NYPD or other local law enforcement…
Criminal Obstruction of Breathing and Blood Circulation is a serious charge. As criminal lawyers who have handled these cases, we can say without hesitation that here is simply no other way to view the offense. In the State of New York, a defendant commits the crime of Criminal Obstruction of…
Third Degree Assault, New York Penal Law 120.00, is a relatively straight forward offense. Although the application and interpretation of the law always has its wrinkles, one is guilty of Assault in the Third Degree when one intentionally, or recklessly, causes physical injury to another. Physically injury is generally identified…
Facial Sufficiency is a vital consideration in the field of Criminal Law (one of many, of course). If a misdemeanor information (some people call it a complaint) is facially insufficient then the misdemeanor information is considered jurisdictionally defective and should be dismissed. In order for a misdemeanor information to be…
I the realm of criminal prosecutions in New York City’s Criminal Courts and New York State’s local Town and Village Courts, one of the most common offenses that are pursued by police and prosecutors is the crime of Third Degree Assault pursuant to New York Penal Law 120.00. This crime…
All too often, criminal defendants face a rightful presumption of innocence coupled with a wrongful assumption of guilt. The greater the severity of the arrest, indictment or allegation, the stronger the negative inference. Although this should not be the case, as New York criminal lawyers this is the reality that we…
On numerous occasions I have addressed how prosecutors can overcharge crimes or think out of the box to get to a particular result. Sometimes it is warranted and other times it is not. Similarly, sometimes the end result is proper while other times it is a violation of the law.…
The crime of Kidnapping, New York Penal Law 135.20, is one of the worst “sounding” crimes one can be accused of. Most people, whether you are a prosecutor, criminal lawyer, juror, teacher, carpenter or justice of the criminal court (or any professional in between), instinctively think the worse when such an accusation or…
“Revenge Porn” has entered the vernacular of every day New Yorkers and it appears as if it is here to stay. With the proliferation of social media, Revenge Porn, and the pictures or videos that it consists of, reeks havoc on the people who are reflected or portrayed in the…