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…
New York Criminal Lawyer Blog
Promoting Prostitution in New York: Can Handing Out Cards with Pictures of Women Violated the New York Penal Law
Prostitution is a polarizing word. There are some who look at the very real horrors of human trafficking and there are others that believe if regulated by the government there could be tax revenues generated as a result of actions between consenting adults. Fortunately, neither this blog entry nor I…
Endangering the Welfare of a Child: How Long is Too Long to Leave Your Child in an NY PL 260.10 Prosecution
To leave your child unattended or not. That is the question. Whether the child is three months, three years or thirteen years old, does it matter? If the child is left alone for five minutes, fifteen minutes or two hours, is it relevant? Does it make a difference if the…
Agriculture and Markets Law 353: Intent, Knowledge and Animal Abuse in New York State
Certain crimes, whether ultimately proven by prosecutors beyond a reasonable doubt or successfully defended by New York criminal defense attorneys before or during trial, have a significant stigma associated with them. Crimes involving children rank high on this list of offenses, but those involving animals are not that far behind.…
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…
Securing and Challenging NY Orders of Protection: The NYC Family Court Restraining Order and Some Recent Scenarios
In New York City and throughout the State of New York from Manhattan to every municipality both big and small, domestic violence rears its ugly head. Sometimes individuals seek protection from the police and prosecutors while other times individuals pursue orders of protections or restraining orders in New York’s Family…
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…
New York Second Degree Commercial Bribe Receiving: A Brief NY PL 180.05 Primer
The crime of Commercial Bribe Receiving in the Second Degree carries severe consequences including a year in jail and the decimation of your career. It should go without saying that it is crucial for the prosecution to prove every element of the crime charged whether you have been arrested in…
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…
Intentionally Switching Medications for Profit: A Pharmacist’s Exposure to New York State Health Care Fraud Article 177 Felonies
Healthcare Fraud (a/k/a Health Care Fraud) is crime vigorously pursued by local District Attorney’s Office and the New York State Attorney General. The basic idea or theme behind any New York Penal Law Article 177 crime, investigation or arrest is that a defendant “with intent to defraud a health care…