Articles Posted in Understanding New York Criminal Law

In 2007, a new law went into effect that created a special class of felonies called “sexually motivated felonies”. Pursuant to Penal Law Section 130.91, a person is guilty of a sexually motivated felony when he or she commits one of several specified felony offenses “for the purpose, in whole or substantial part, of his…

The horrendous killing and dismemberment of Leiby Kletzky and subsequent arrest of Levi Aron has shocked New York. In light of recent reports which suggest that Aron has been hallucinating and hearing voices, the question arises, “Will Aron actually be tried or be subject to normal criminal procedures for this murder?” The arraignment judge apparently…

Never mind drug-dealing and violence – it appears the NYPD is cracking down on people who remain in New York City’s parks after closing time, despite the fact that signs which indicate closing times are often small and go unseen. As a result, we have seen an increase in the number of law-abiding citizens (including…

Recently, many protesters in New York City have been arrested and given Desk Appearance Tickets charging them with a violation of Penal Law 195.05, also called Obstructing Governmental Administration. “Obstructing Governmental Administration,” (colloquially referred to as “O.G.A.”) is a very commonly charged crime in New York. While the penal law title is self-explanatory, the application…

The arrest of a friend or loved one often happens unexpectedly. The majority of New Yorkers do not have any experience with the criminal justice system and are often thrust into a position of having to deal with the possibility of bail being set. This post will explain a few factors that go into a…

The most serious drug-related felonies in New York state law are Operating as a Major Trafficker (Penal Law Section 220.77, the “Kingpin” Statute), Criminal Possession of a Controlled Substance in the First Degree (Penal Law Section 220.21) and Criminal Sale of a Controlled Substance in the First Degree (Penal Law Section 220.43). As Class-A1 felonies,…

A very common arrest charge in New York City is Theft of Services, a Class A misdemeanor under Penal Law Section 165.15. In fact, the Wall Street Journal published an article on June 25, 2012 on the rise in “farebeat” cases. The offense itself is punishable by up to one year in jail. Sometimes people…

We have previously discussed Assault in the Third Degree. This post addresses the more serious felony charge of Assault in the Second Degree, under New York Penal Law section 120.05. A common situation where this offense is charged is where a bar fight goes too far — someone uses a boot, a bottle, a knife…

Having practiced criminal law for ten years, we have seen hundreds of cases in New York City where people have been arrested and charged with felonies or misdemeanors because they intentionally or recklessly caused damage to another person’s property. These cases frequently occur in domestic situations where an argument between family members, spouses or domestic…

Before you send that threatening email or text message, or scream in anger at someone over the phone, you should take a deep breath and stop to consider whether you might actually be committing a crime by doing so. In New York state, Aggravated Harassment in the Second Degree (Penal Law 240.30) is a Class…