New York Criminal Lawyer Blog

March 23, 2009

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

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 19, 2009

Trademark Counterfeiting: A Thriving “Business” & Your Criminal Defense

by Jeremy Saland

As NY criminal defense lawyers and former Manhattan prosecutors under Robert Morgenthau, the attorneys at Saland Law PC can tell you that the crime of Trademark Counterfeiting had and still has the attention of both the NYPD and prosecutors. In fact, earlier today 21 people where arrested for Trademark Counterfeiting on Manhattan’s Canal Street for selling counterfeit and “knockoff” Louis Vuitton, Coach and Dolce & Gabbana handbags allegedly worth over $125,000.

Despite the fact that people from all walks of life and from all over the United States go down to Canal Street to purchase fake luxury goods from perfumes and watches to handbags and clothing, selling these fraudulent items is a crime (purchasing them, on the other hand is a completely separate matter). Those who sell these counterfeit products may be charged with Trademark Counterfeiting. This crime ranges from an “A” misdemeanor to a “D” felony punishable by up to one year and seven years respectively.

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.

March 13, 2009

NY Criminal Defense: Making Graffiti, Possession of Graffiti Instruments & Criminal Mischief Part I

by Jeremy Saland

The New York criminal defense attorneys at Saland Law PC know firsthand how the NYPD has been aggressively pursuing people accused of graffiti and graffiti related crimes. The NYPD’s Vandal Squad, based out of Brooklyn, is hell bent on cleaning up New York. While we can all agree that keeping New York clean and safe is a tremendous task of great importance, the pursuit of this goal does not give the police the permission to violate individual rights. Unfortunately, we at Saland Law PC have seen this happen on more than one occasion in the past two or three months. In a series of entries I will discuss the potential crimes associated with graffiti, the consequences of a conviction, general ways to best defend yourself, and some of the experiences we have had as criminal defense attorneys. The first entry in this series will address the potential crimes or offenses related to making graffiti and their consequences. These crimes are Criminal Mischief, Making Graffiti, and Possession of Graffiti Instruments.

Criminal Mischief in the Fourth through Second Degrees, pursuant to Penal Law sections 145.00, 145.05 and 145.10, are crimes that can be charged in connection with graffiti offenses as well as when property is damaged through other means. As it applies to graffiti crimes, a person is guilty of this Criminal Mischief in the Fourth Degree when having no right to do so or reasonable grounds to believe that he has such a right, he intentionally damages the property of another person. If an individual intentionally damages another person’s property and the damage exceeds $250 or $1,500, then they are guilty of Criminal Mischief in the Third and Second Degrees respectively. Criminal Mischief in the Fourth Degree is an “A” misdemeanor punishable by up to one year jail. Criminal Mischief in the Third Degree is an “E” felony punishable by up to four years in state prison. Criminal Mischief in the Second Degree is a “D” felony punishable by up to seven years in state prison.

March 10, 2009

Crime of Residential Mortgage Fraud: New York Penal Law Article 187 & Your Criminal Defense

by Jeremy Saland

The criminal offenses commonly referred to as White Collar and Fraud crimes recently added a new offense to their ranks. As of November 1, 2008, Residential Mortgage Fraud, pursuant to New York Penal Law Sections 187.05 (Fifth Degree), 187.10 (Fourth Degree), 187.15 (Third Degree), 187.20 (Second Degree) and 187.25 (First Degree), was added to New York’s Penal Law. In addition to this crime involving Mortgage Fraud, another statute related to this offense and addressed in another entry is Fraudulent Disposition of Mortgaged Property, an “A” misdemeanor pursuant to New York Penal Law section 185.10.

Penal Law 187.00(4) defines Residential Mortgage Fraud as follows: Any person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be used in soliciting an applicant for a residential mortgage loan, or in applying for, the underwriting of, or closing of a residential mortgage loan, or in documents filed with a county clerk of any county in the state arising out of and related to the closing of a residential mortgage loan, any written statement which he or she knows to:

March 7, 2009

New York and NYC Desk Appearance Ticket (DAT): What is a DAT & Who is Eligible for a DAT

by Jeremy Saland

Every day in the courtrooms of NYC a defendant sits with his criminal defense attorney waiting to be arraigned on a Desk Appearance Ticket or DAT. The charge may relate to a Petit Larceny shoplifting, Criminal Possession of a Controlled Substance for possessing drugs, or even an Assault for a fist fight. But, what is a DAT and why do some people get issued one? We at Saland Law PC, have the answer to these questions and have created new-york-lawyers.org and NYDeskAppearanceTicket.Com to further assist our readers.

A Desk Appearance Ticket is a summons to come to a court in NYC on a future date to be arraigned (where you are formally charged before a judge). Police issue these “tickets” in lieu of processing an individual through central booking and potentially keeping them locked up for up to twenty four hours before seeing a judge. While getting a DAT is the functional equivalent of being arrested and processed through the system, it is a significantly better outcome where you are accused of criminal conduct. Instead of being locked up in a jail cell with another individual who is accused of Murder or Rape, you are given the opportunity to report to court with your criminal defense attorney in the future.

March 5, 2009

Criminal Defense & Credit Card Fraud: Forgery, Identity Theft and Other Criminal Offenses – Part II

by Jeremy Saland

Consult with your NY criminal defense attorney…credit card and check fraud in New York routinely involves an enormous spectrum of crimes including Criminal Possession of a Forged Instrument, Identity Theft, Falsifying Business Records and Grand Larceny. While these are only a few of the associated crimes in NY, your criminal defense attorney should have the experience and training to navigate you through them. As I recently explained in Part I of this segment, while some of the crimes associated with credit card and check fraud are “only” misdemeanors, some of the offense are much more serious. For the purpose of this entry, I will deal with credit card and check fraud as it relates to a specific theory or subsection of Identity Theft.

To best understand the crime of Identity Theft I am going to pose a hypothetical scenario. In this scenario you go to Kmart with your roommate’s debit/credit card. While there, you purchase $20 worth of “stuff,” sign her name on the receipt, and take off. Although you did not have her permission you figure its only $20 and it was pretty darn easy…heck, the lady at Kmart didn’t even check the signature or your identification.

March 3, 2009

NY Judge’s Threat of Jail Invalidates “Voluntary” Guilty Plea

by Jeremy Saland

In a legal decision unanimously rendered by the 2nd Department and to be published this Friday, appellate justices found that a NY Supreme Court judge’s threat of increased bail prior to a plea caused that plea to be entered involuntarily.

Dr. Terry Grant, a Long Island dentist, was charged with forty separate counts relating to filing $9,000 worth of fraudulent insurance claims. While the case was pending the court became agitated and impatient due to the delays in the case and because the defendant failed to follow the terms of his probation.

March 2, 2009

Criminal Defense & Credit Card Fraud: Forgery, Identity Theft and Other Criminal Offenses – Part I

by Jeremy Saland

If you are accused of credit fraud in New York, be prepared to spend a significant time with your criminal defense attorney so he or she can outline the potential criminal charges and consequences you may face. The list of crimes is vast…Identity Theft, Forgery, Criminal Possession of a Forged Instrument, Grand Larceny, Falsifying Business Records and many more. As a a former Manhattan prosecutor who was one of the original members of the Identity Theft Unit when the unit was first created, I can tell you that the the crimes relating to credit card fraud are actively and aggressively being pursued every day by members of both state and federal law enforcement.

Credit card fraud comes in various “shapes” and “sizes.” From the possession of a stolen credit card or a fake credit card to the use of a credit card that has already been revoked. Depending on whether the credit card is used or attempted to be used, the crimes that may be charged can spiral further into major felonies with serious terms of imprisonment.

February 27, 2009

End of an Era: Manhattan DA Robert Morgenthau Announces Retirement

by Jeremy Saland

According to many reports, Manhattan District Attorney Robert Morgenthau is not seeking re-election this fall as the chief prosecutor in NY County. Respected and admired by fellow prosecutors, criminal defense attorneys and members of the judiciary, Mr. Morgenthau has served as the District Attorney for 35 years. Prior to serving as the District Attorney, Mr. Morgenthau was the US Attorney for the Southern District of New York.

Mr. Morgenthau comes from a family dedicated to public service. His father, Henry Morgenthau, Jr. was Secretary of the Treasury and his grandfather, Henry Morgenthau, Sr. was United States Ambassador to the Ottoman Empire during World War I.