Violent Crimes

May 8, 2009

One of the Best Ways to Beat Your Assault and Reckless Driving Case in NY – Challenge Facial Sufficiency

The top criminal defense attorneys in New York and New York City know there are many ways to “skin a cat” in order to achieve the best results for their clients in a criminal case. Sometimes we use “honey” and “sometimes” it is vinegar. A recent decision in Manhattan Criminal Court involving the charges of Assault in the Third Degree (Penal Law 120.00(1)) and Reckless Driving (Vehicle and Traffic Law 1212) strengthen the “vinegar” approach by adding another judicial decision to our criminal defense arsenal of cases to utilize in a client’s criminal defense.

In People v. Warmann DiPoumbi, 2008NY068631, decided April 28, 2009 and published in the New York Law Journal on May 7, 2009, a Manhattan Criminal Court Judge dismissed the charges of Assault and Reckless Driving based, in part, for facial insufficiency. The complaint alleged that the defendant drove through a stop sign without stopping. After the police stopped the defendant, the defendant opened the car door and the door struck the police officer causing “swelling and substantial pain.”

May 7, 2009

Saland Law PC – Another Major Criminal Defense Victory – Loaded Firearm Charge Reduced to Disorderly Conduct

by Jeremy Saland

The best criminal defense attorneys and lawyers know that the laws regarding Criminal Possession of a Weapon as it relates to loaded firearms, guns, pistols and revolvers in New York are some of the strictest and most severe in the nation. Unless you can either beat the case or work out a favorable disposition, if your are charged with Criminal Possession of a Weapon for possessing a loaded firearm outside your home or place of business and you do not have a permit to do so…you will face a minimum of 3.5 years in prison if convicted. It is just that simple.

Fortunately, the NY criminal defense lawyers and former Manhattan prosecutors at Saland Law PC have handled a significant number of these cases from both the defense and law enforcement side giving us a unique perspective on weapon crimes. This experience and knowledge was recently put to the test for the second time in as many weeks and once again we got a tremendous result.

April 23, 2009

Tremendous Criminal Defense Victory: NY Gun Possession Dismissed – Client Receives ACD

by Jeremy Saland

When you are charged with Criminal Possession of a Weapon for possessing a revolver, pistol, gun or other firearm, you need your NY criminal defense attorney to fight relentlessly for you. Sometimes that “fight” may be more creative than adversarial, but the best criminal defense lawyers must persevere on behalf of their clients regardless of the case. As NY criminal defense attorneys and former Manhattan prosecutors, we at Saland Law PC know this because we have successfully fought for our clients under the harshest circumstances. Not only have our clients benefited as a result of our knowledge and experience, but Saland Law PC has been sought out by CNNSi.Com, the Times-Ledger and the AM NY as legal analysts on the crime of Criminal Possession of a Weapon. Practicing what we preach and utilizing our experience, Saland Law PC is pleased to announce that we obtained an Adjournment in Contemplation of Dismissal for our client who was charged with Criminal Possession of a Weapon.

Our client faced the charge of Criminal Possession of a Weapon for possessing a loaded firearm in NYC. The complaint was very strong in that it was alleged that our client personally possessed both the revolver and the ammunition. Knowing that our client would face a minimum of 3.5 years in state prison if he was convicted, we put together an extensive “package” for the prosecution detailing many factors that should, and did, mitigate the severity of the offense and even the culpability of our client. We did so in an expedient manner and reached a disposition with the District Attorney’s Office by the first adjournment after our client was arraigned in criminal court. Not only were we able to obtain a tremendous disposition on his behalf (the case is to be dismissed and sealed), it was completed quickly so that our client could put the incident behind him and move on with his life and career. Equally if not most importantly, our client’s freedom remained intact.

April 6, 2009

Harassment in the Second Degree: Not Quite an Assault and Definitely Not a Crime in NY

by Jeremy Saland

Any NY criminal defense attorney who has “been around the block” even just one time should be able to advise you that one of the key components to Assault in the 3rd Degree, unlike Harassment in the Second Degree, is that you inflict or cause a physical injury to another person. Well, what happens if you strike or hit someone and you don’t bust their lip, give them a black eye or, or cause any pain at all? Guess what…your weakness or their toughness could be a blessing to you!

While you can certainly be charged with Attempted Assault, a “B” misdemeanor punishable by up to 90 days jail, there is another offense lingering out there in the New York Penal Law. That offense is Harassment in the Second Degree. According to NY Penal Law 240.26:

March 31, 2009

Plaxico Burress Update: Criminal Possession of a Weapon – Guns and Firearms

by Jeremy Saland

The felony charge of Criminal Possession of a Weapon as it relates to pistols, guns, revolvers and firearms, has been receiving the undivided attention of the media, criminal defense attorneys and even politicians since Plaxico Burress’ arrest. In fact, at the time of Burress’ arrest for gun possession in New York, many of these media outlets reached out to Saland Law PC to discuss the nature of the gun charge as well as the ramifications of the offense. CNNSI.Com as well as the AM New York utilized Jeremy Saland’s experience as a former Manhattan Prosecutor and as a NY criminal defense attorney to analyze the incident and explain the applicable law.

Once again, Mr. Saland’s knowledge and experience prosecuting and defending gun crimes was sought out by the media. The New Jersey Star-Ledger interviewed Mr. Saland and requested his legal analysis in the paper’s coverage of Mr. Burress’ court date earlier today.

March 23, 2009

NY Criminal Defense & Criminal Possession of a Weapon Part I: Switch Blade Knife, Gravity Knife, Pilum Ballistic Knife & Metal Knuckle Knife

by Jeremy Saland

The NY criminal defense attorneys at Saland Law PC are routinely contacted by or represent people charged with Criminal Possession of a Weapon as it relates to switch blades and gravity knives. Individuals charged with this crime recognize very quickly that prosecutors in Manhattan, Brooklyn, Queens and the Bronx take these matters extremely seriously.

According to Penal Law 265.01(1), a person is guilty of Criminal Possession of a Weapon in the Fourth Degree when he possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star.

March 17, 2009

New York Criminal Defense Update: New Crime of Assault on the Books

by Jeremy Saland

The NY criminal defense attorneys at Saland Law PC do their best to keep on top of the changes in criminal statutes and new court decisions regarding those statutes. When there is a new law or pertinent decision by the courts regarding any criminal law we do our best to relay that to our readers. One such crime, Assault in the Second Degree pursuant to PL 120.05(12), has been added to New York’s criminal books as of June 2008.

Pursuant to PL 120.05(12), Assault in the Second Degree, a person is guilty of this offense when “with the intent to cause physical injury to a person who is sixty five years of age or older, he or she causes such injury and the actor is more than ten years younger than that person.” This new crime is a “D” felony punishable by up to seven years in state prison.

February 15, 2009

NY Burglary Basics: Your Best Criminal Defense is Knowing the Law

by Jeremy Saland

Having been prosecutors in the Manhattan District Attorney’s Office for a combined fourteen years, the NY criminal defense attorneys at Saland Law PC have experienced a vast number of the offenses from Disorderly Conduct, Forgery and Grand Larceny to Burglary, Kidnapping and Assault. While our experience and knowledge is a tremendous asset for our clients, we always encourage our clients to educate themselves on the criminal law as well. There is little doubt that having a basic understanding of New York criminal law is the best defense to keep you from getting in trouble in the first place.

One particular crime that is somewhat common is the crime of Burglary. When many people think of Burglary, they don’t recognize how easy it is to get caught up in one of the most serious violent crimes. Depending on the level of the offense, Burglary ranges from a “D” felony punishable by up to seven years to a “B” felony punishable by up to twenty five years in state prison.

January 14, 2009

Heller and NY: A Valid Defense for Criminal Possession of a Weapon (Firearm, Gun or Pistol)?

by Jeremy Saland

Despite a criminal defense attorney’s best efforts, a Brooklyn State Supreme Court Justice ruled in a decision published yesterday that the United States Supreme Court’s decision in the District of Columbia v. Heller does not prevent New York State from regulating guns, pistols and firearms within its boundaries.

Defendant, Albi Abdullah, was arrested and charged with Criminal Possession of a Weapon in the Fourth Degree pursuant to Penal Law 265.01(1). The defendant had been arrested after police found him violation of an order of protection. When asked whether he had any weapons, the defendant admitted that he had a gun in a kitchen cabinet. The police then located an unloaded .25 caliber handgun.

December 22, 2008

Lillo Brancato: Gets a Walk on the Murder, But Convicted of Attempted Burglary

by Jeremy Saland

Lillo Brancato, best know as the young man divided between his father and the mob in a “Bronx Tale” and the “Sopranos,” was acquitted of Second Degree Murder by a Bronx jury. Brancato’s criminal defense strategy may have helped him dodge a term of imprisonment that likely would have landed him behind bars for decades, but he is still likely to see some serious time in an upstate prison.

The jury found Brancato guilty of Attempted Burlgary in the First Degree, a class “C” violent felony. For those people who are not NY criminal defense attorneys or familiar with the criminal justice system, Burglary in the First Degree is a “B” violent felony that requires a minimum sentence of five years state prison and a maximum twenty five years state prison. Because he was convicted of this offense as an attempt and not a completed crime, the crime is lowered one degree to a “C” felony. Therefore, Brancato faces a minimum of three and one half years to fifteen years in state prison at his sentence. This potential sentence is the exact same sentence that Plaxico Burress faces if he is convicted for allegedly possessing the loaded firearm in Manhattan a few weeks ago. That being said, while both crimes are “C” violent felonies, Brancato’s sentence will likely be much more severe and closer to the higher end of the spectrum because of the terrible and unfortunate death of a police officer.