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New York Criminal Lawyer Blog

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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…

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Arrests for NY PL 260.10: Can Arguing and Pushing Parents Violate Endangering the Welfare of a Child

More than most crimes in New York, Endangering the Welfare of a Child, New York Penal Law 260.10, is a nebulous and vague charge that leaves a great deal of discretion and interpretation in the hands of the prosecutor and the judge. The most commonly invoked section of the Endangering…

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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…

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Search Warrants, Criminal Investigations and Online Prostitution: The Realities of the Eros.Com Raid

Eros.Com is likely one of the largest, most proficient and heavily trafficked website peddling independent and “enterprise” based escorts and other adult entertainers. Based on their own billing as the “Ultimate Guide to Escorts and Erotic Entertainment,” Eros.Com may not be a direct purveyor of prostitution, but the website facilitated…

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When a New York Misdemeanor Domestic Violence Arrest Becomes a Felony: Aggravated Family Offenses

New York Penal Law 240.75 is a section of New York’s criminal law that is somewhat of an unknown in the non-legal community. There is much support behind the concept that if you repeatedly commit and are convicted of domestic violence crimes or family offenses, at some point an order…

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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…

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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…

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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…

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New York DWI Arrest Dismissed: Client Exonerated after Checkpoint VTL 1192.3 Arrest

The New York DWI and DUI lawyers at Saland Law PC are proud to announce the exoneration of a client arrested for drunk driving, aka, Driving While Intoxicated, pursuant to New York Vehicle and Traffic Law (VTL) 1192.3. After “blowing” a .42 on the portable breath test (PBT), our client…

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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…

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