Articles Posted in Understanding New York Criminal Law

Criminal arrests are upsetting to everyone but can be particularly problematic for financial and securities professionals because of the possible employment and licensure consequences. Brokers, traders, bankers, financial advisors, and other financial professionals typically have to be licensed through FINRA, the Financial Industry Regulatory Authority. Some of the most common licenses include Series 7 and…

There are three separate menacing statutes in New York, each specifying a different gravity of offense. Menacing is often paired with Stalking (Penal Law section 120.45) and Aggravated Harrassment (Penal Law section 240.30) charges, but can be charged as a standalone offense. The basic charge is Menacing in the third degree (Penal Law section 120.15)…

New York’s Penal Law Chapter 150 criminalizes arson and the setting of destructive fires. Generally speaking, the most important factors in determining the severity of any arson charges that might apply to the criminal conduct are: 1) the intent of the perpetrator of the crime, 2) the nature of the property that was damaged, and…

Vehicular assault charges are usually added to felony or misdemeanor DWI complaints where there has been an injury to someone other than the driver of the vehicle as a result of an alcohol- or drug-related accident. For example, in People v. Mojica, 62 A.D.3d 100, the defendant allegedly “drove a pickup truck through a red…

A conviction for a crime doesn’t have to be the end of your case. A talented and experienced appellate lawyer may be able to find a way to get your conviction overturned or your sentence reduced. Most criminal defense attorneys do not handle appeals or have very little experience doing it. Thus, you should strongly…

If you receive a federal grand jury subpoena in the mail, you absolutely must retain the services of an experienced criminal defense attorney as soon as possible. The subpoena indicates that the federal prosecutor that issued it (probably an Assistant United States Attorney) believes that you have knowledge or information relating to a significant criminal…

As former prosecutors who now practice criminal defense, we have collectively dealt with hundreds upon hundreds of drug cases over the years. Throughout these years each of us has seen people from all backgrounds and professions walk through the courtroom doors to face drug charges. Whether the person is arrested and “put through the system,”…

Our nation’s recent economic difficulties have seemingly spurred an increase in financial-related crimes. One particularly common financial crime is embezzlement of corporate money by corporate officers, employees, or financial professionals. (Recently, we have also seen a number of incidences of embezzlement involving co-op/condominium associations, charities, religious groups, and social organizations). In New York, the majority…

One very common charge in New York for repeat shoplifters is Burglary in the Third Degree (Penal Law Section 140.20). A person is guilty of this Class D felony when he knowingly or unlawfully enters or remains in a building with intent to commit a crime therein. Penal Law Section 140.00[5] provides the definition of…

Under New York state law, it is a serious crime to knowingly make or use counterfeit money with the intent to deceive or defraud another. The applicable statutes are Class C non-violent felonies, meaning that someone convicted of this crime (as a first felony offense) can be sentenced to an indeterminate sentence of from 1-3…