New York Criminal Lawyer Blog

April 9, 2011

New York City Desk Appearance Tickets (DATs): Questions & Answers from a NYC Criminal Lawyer

While handing a New York City Desk Appearance Ticket may be something that a Desk Appearance Ticket lawyer or New York criminal defense attorney is familiar with, people who receive these tickets are often left asking questions and generally confused. Although the following blog entry is not legal advice or a substitute for an in depth consultation with your own Desk Appearance attorney or New York criminal lawyer, the following should answer some of the basic questions you might have.

Is a New York City Desk Appearance Ticket the Same Thing as an Arrest Whether or not you are ultimately convicted or the case is dismissed, you have been arrested and “printed.” An arrest and a conviction giving you a criminal record are separate and distinct. Having said that, there are provisions in the New York State Criminal Procedure Law that specifically state that a dismissal of your case deems the underlying offense a “nullity.” Although that is New York law, before ever signing off on a contract or employment application that you have not been arrested, it is imperative to first thoroughly vet this issue with your own New York criminal lawyer.

April 4, 2011

Potential Fines for Felony Criminal Convictions in New York: NY PL 80.00

by Jeremy Saland

If a conviction for a felony in New York was not bad enough, New York Penal Law section 80.00 sets forth the potential fines that could accompany a felony plea or a felony conviction. Pursuant to New York Penal Law 80.00(1), a court can fine a defendant the greater of (a) five thousand dollars ($5,000) or (b) two times the amount of the monies or property that the defendant gained from his or her crime. If there is a felony conviction for a drug or marijuana offense, there is a distinct and separate fine schedule.

“Gain” is defined not merely by what was misappropriated, whether it be money or property, but by the value obtained less what has been returned. In other words, if $10,000 was stolen, but $2,500 was returned to a victim, the “gain” would be $7,500. Should the evidence not clearly establish this gain, your New York criminal lawyer may demand a hearing on the issue where the court can ascertain the appropriate number.

March 31, 2011

New York Penal Law 265.01(1): The “Metal Knuckle” & Brass Knuckle Criminal Dilema

by Jeremy Saland

One of the most common weapon crimes prosecuted in New York City is the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree. This crime, New York Penal Law 265.01(1), sets forth and establishes certain objects that are automatically considered weapons regardless of whether or not you had the intent to use that object unlawfully against another person. In other words, if you possess any of these specified weapons, including the infamous “metal knuckle,” the police in New York City can arrest you or issue you a Desk Appearance Ticket for innocently possessing the object. Compounding matters, guidelines at District Attorney’s Offices may not permit an offer for even a first time offender.

In the realm of weapons set forth under NY PL 265.01(1), the most frequent weapon crime or arrest prosecuted by Assistant District Attorneys in New York City is probably an offense related to a switchblade knife or gravity knife. Often times, an individual is arrested or given a Desk Appearance Ticket after an undercover police officer observes the knife clip on the outside of the pocket. Once they stop and frisk that person, police officers confirm the knife opens with the force of gravity or springs open (your New York criminal lawyer should confirm this). Having said that, other weapons are also vigorously prosecuted including the “metal knuckle.”

March 27, 2011

No Criminal Record: New York Criminal Lawyers Get Disorderly Conduct After Clients Charged with Burglary in the Second Degree (NY PL 140.25)

by Jeremy Saland

Sometimes prosecutors can be all “bark” and no “bite.” In the case of two clients charged with Burglary in the Second Degree (New York Penal Law 140.25), this was precisely the situation. Prosecutors claimed that our clients committed the crime of Burglary in the Second Degree after they allegedly went to a neighbor’s home, got into a physical altercation and broke out a window. If convicted, the clients each faced a minimum of 3.5 years and a maximum of 15 years in state prison. Despite the allegations, our clients adamantly denied going into the complainant’s home, attacking the complainant or breaking a window in the home. In fact, one of our clients sustained a much more significant injury than the alleged victim and suffered a deep laceration requiring sutures as well as various other lacerations inconsistent with the breaking of window glass. Further investigation revealed that although they were present at the location of the incident, another person was initially arrested and released.

At arraignment, the New York criminal lawyers at Saland Law PC convinced the judge to release our clients. Upon their release, Saland Law PC argued with prosecutors over the merits of the case as well as the evidence. After some time, prosecutors offered an “A” misdemeanor and probation to each of our clients. They even claimed it was a “one time offer.” Upon rejecting that offer because of the strong evidence in our clients’ favor, prosecutors stated they would proceed on a felony and scheduled a date for a felony hearing.

March 22, 2011

Chris Brown Alleged Rage & Window Smash at Good Morning America: New York Criminal Charges & Probation Violation for Brown?

by Jeremy Saland

Rapper and singer Chris Brown, equally known for his crooning as he is for his felony assault plea for punching Rihanna, allegedly freaked out and smashed a window at Good Morning America’s Time Square studio in Manhattan. According to at least one report, Brown is alleged to have flipped out in New York City after he was questioned about the past incident with Rhianna by a GMA interviewer. He then allegedly smashed a window with a chair. Shards of glass from the broken window fell dozens of stories to the New York City street below. Adding a little more drama to the alleged incident, Brown allegedly stormed off the set, confronted a producer and took off his shirt (its merely in the mid 40s in New York today so one must assume taking off the shirt was for effect).

Assuming the above allegations are true, what, if any criminal charges could Chris Brown face for breaking a glass window at the GMA studio and getting “in the face” of an ABC producer?

March 22, 2011

New York Penal Law Article 121: Strangulation and Related Offenses Information Page

by Jeremy Saland

While Assault, Burglary, Robbery and Weapon Possession are the more common violent crimes prosecuted by Assistant District Attorneys in Manhattan, Brooklyn, Queens and other offices in the New York City region, crimes relating to strangulation are also “on the books.” In fact, pursuant to Article 121 of the New York Penal Law, Strangulation and Related Offenses includes three crimes. These crimes are Criminal Obstruction of Breathing or Blood Circulation (NY PL 121.11), Strangulation in the Second Degree (NY PL 121.12) and Strangulation in the First Degree (NY PL 121.13).

Because these crimes are relatively new and there is not a significant amount of information about them, Saland Law PC has created an educational website page not for advice purposes, but to educate readers on the law in this area. Obviously, should you be accused of or arrested for this or any other crime, contact a New York criminal lawyer to address the evidence against you as well as the applicable criminal law that you may face.

March 17, 2011

New York Assault Defense and Assault Law Information Page: Misdemeanor & Felony Assault Crimes

by Jeremy Saland

The New York criminal lawyers and former Manhattan prosecutors at Saland Law PC have extensive experience prosecuting and defending those charged with or arrested for Assault in New York. This experience on both sides of the law has assisted us in successfully defending teachers, doctors and other professionals charged with violent crimes ranging from New York misdemeanor Assault in the Third Degree (New York Penal Law 120.00) to more serious felony Assault charges.

While no New York criminal lawyer can guarantee a client a specific result based on past outcomes, he or she should be able to educate you on the laws and statutes that are pertinent to the crime(s) of Assault in New York. Armed with this information, you and your New York criminal defense attorney can both identify and implement the appropriate defense to the allegations that you face.

March 13, 2011

I Used a Credit Card that Belonged to Someone Else: Potential Criminal Charges in New York Part I

by Jeremy Saland

Do I need a New York criminal lawyer? I found a credit card in Manhattan and used that credit card to buy a pair of jeans at Macys for $175. I took my friend’s credit card and purchased $600 worth of makeup and other accessories in a Brooklyn store without my friend’s permission. I used a credit card that was fake and had another person’s account number programmed on to it. What is “credit card fraud” and did I commit it? Can I be charged with a felony or go to prison? What are the crimes and potential charges in New York City for credit card fraud?

The following blog entry is a brief analysis of the potential crimes in New York State relating to credit card theft and possession, use of a stolen credit card, counterfeit and fake credit cards and other offenses. These potential crimes range from “A” misdemeanors punishable by up to one year in jail to “D” felonies punishable by up to seven years in state prison.

March 10, 2011

DA: Brooklyn Acid Attack Teen Arrested at High School After Pouring Chemical on Classmate – Do Prosecutors Actually Have a Viable Case

by Jeremy Saland

In what appears to be a tragic case, Brooklyn prosecutors have alleged that a young high school girl and member of the ROTC, Zhanna Smsarian, attacked a fellow classmate, Albina Eshimbaeva, with diluted acid. It is alleged that Ms. Smsarian poured the solution over a 15 year old girl’s head out of jealousy stemming from a relationship with a 22 year old man. According to reports, Ms. Smsarian admitted to police that she wanted to burn out her classmate’s eyes. Fortunately, it appears as if she was not successful.

According to Web Crims, the Brooklyn District Attorney’s Office has charged Ms. Smsarian with numerous felonies including Attempted Assault in the First Degree (New York Penal Law 110/120.10). She is also charged with numerous misdemeanors including Criminal Possession of a Weapon in the Fourth Degree (New York Penal Law 265.01(2)). The felony is punishable by up to fifteen years in prison while the misdemeanors are punishable by up to one year in jail.

March 8, 2011

The “One Punch” Felony Assault: Will Intent or Only the Actual Injury Dictate the Ultimate Resolution in the Oscar Fuller Assault Case

by Jeremy Saland

Manhattan District Attorney Cyrus Vance, Jr. is in an unenviable predicament. One one hand he has Oscar Fuller, a man with a criminal record who is not a particularly sympathetic fellow, and in the other, Lana Rosas, a petite woman potentially on the edge of death or a vegetative life. Politically, “throwing the book” at Fuller is a no-brainer. Yet, is the charge of felony Assault in the Second Degree, New York Penal Law section 120.05(1), truly the right charge in this case or is it really just a reach? In DA Vance’s defense, because of the extent and nature of the injury to Ms. Rosas, he likely had no other choice but to present the matter to a Grand Jury to make the charging decision – and it did just that. The Grand Jury indicted the defendant on the charge of Assault in the Second Degree, a felony. The question that now has reared its head is whether the sadness and despair of this case played too great a role in the grand jury’s decision making process or did an objective view of the evidence dictate that Mr. Fuller’s actions were felonious?

Before proceeding any further, there are a few statements I must make. First and foremost, I do not think many people can grasp the pain that has fallen upon Ms. Rosas and her family. Regardless of the criminal charges, they have all suffered and we all hope that she can recover to live a normal life. Second, none of us, outside of those intimately involved in the case, know the evidence and facts beyond what we read or see in the local media. Because of this, in assessing this case, I will address the blog entry in a more vague approach while trying to tie it back to Mr. Fuller’s case. That is, if a person strikes another person once with his fist, and as a result, the victim suffers a horrific injury such as as swelling in the brain and a resulting coma, is the appropriate charge a felony or misdemeanor Assault?