Articles Posted in Understanding New York Criminal Law

Criminal Contempt charges are very serious and can be quite difficult to defend against in some circumstances. The overwhelming majority of the Criminal Contempt cases pursued by prosecutors involve violations of orders of protection, and usually are classified as “domestic violence,” meaning that the complainant and defendant are or were in some sort of romantic…

In response to the growing number of criminal incidents involving individuals under the influence of bath salts, both Houses of Congress passed S.3187, which President Obama signed off on shortly thereafter in July 2012. Subtitle D specifically places a federal ban on the use, possession, or manufacturing of synthetic drugs, that up until recently were…

We have discussed the forgery laws in New York in general. This post will cover the a common type of arrest in New York City: underage people being caught with a fake ID or New York State Driver’s license. Many young people in the greater New York City area carry a fake ID in order…

We have previously discussed the law on Assault in the Third Degree (Penal Law Section 120.00), but in our experience, these cases often proceed differently and require a different strategy when they are initiated by Desk Appearance Tickets. A Desk Appearance Ticket (or “DAT”) for Assault in the Third Degree is usually only issued when…

In New York, the crime of Public Lewdness (Penal Law Section 245.00) is a class B misdemeanor. People arrested for this crime frequently receive Desk Appearance Tickets (especially if they have no criminal record), but are occasionally forced to spend a night in prison before their arraignment. Individuals arrested for Public Lewdness are also frequently…

Every year, police officers in New York City make thousands of arrests for “domestic violence,” or violent crimes by one person against a family member or romantic partner. (Click here for recent New York state statistics). There are so many arrests of this sort that prosecutors receive specialized training about these cases and every precinct…

Every Fourth of July, I usually get a question or two concerning the state of the law on fireworks in New York State. Most of us grew up enjoying fireworks on Independence Day, but the fact of the matter is that our legislature has determined that most fireworks are simply too dangerous for the citizens…

New York state’s highest appellate court – the Court of Appeals – is set to hear oral arguments on an interesting appeal involving the charge of Enterprise Corruption under Penal Law Section 460.20 entitled People v. Western Express et al. The decision could have a major effect on the prosecution of these cases in New…

The short answer to the question above is: probably, but maybe not. If you have been issued a Desk Appearance Ticket in New York City, the chances are that your case is an unusual misdemeanor that required some investigation by the prosecutor, or you are first-time offender charged with shoplifting, theft of services (like jumping…

We have previously covered the basics of the recently (2010) enacted set of crimes involving strangulation. As noted, Penal Law section 121.11 states that “A person is guilty of criminal obstruction of breathing or blood circulation when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:…