New York City Criminal Defense Blog
The two degrees of assault
On Dec. 19, 2019, a grand jury indicted a 25-year-old man with felony assault and attempted assault charges after he allegedly killed a Brooklyn man. The original charge was misdemeanor assault. However, the medical examiner determined the cause of death as a...
New law removes bail for many arrests
Many people feel that having to pay bail to get out of jail after an arrest is unfair. This impelled lawmakers in New York to create a new law that stops judges from issuing bail in the case of nonviolent offenders. According to The New York Times, this new law goes...
You can fight breathalyzer test results
Failing a breath test is not the final word in your drunk driving case. Police and prosecutors in Brooklyn rely on the machines for convictions. You can beat them. Courts around the country are throwing out DUI/DWI charges. Judges are citing major problems with the...
What is an order of protection?
In domestic violence cases, assault cases or even some divorce cases, one party may request an order of protection. Also known as a restraining order or no-contact order, this legal document outlines a behavior that the alleged abuser must cease. Typically, an order...
Do you have to provide DNA when under arrest?
When an officer places you under arrest, you have certain rights granted by the U.S. Constitution that protect you against incriminating yourself or providing evidence that the prosecution could use against you in court. However, under New York law, officers can make...
Understand your search and seizure rights
Knowing your legal rights when it comes to search and seizure can mean the difference between a conviction and a dismissal. Whether you are on foot or in a vehicle, the U.S. Constitution protects you from unreasonable searches of your person, car or other property....
How white collar crimes affect the wives left behind
Facing charges for a white collar crime in New York is stressful enough for you, but you may also want to think about how it will affect your wife if the court finds you guilty. Life for the wives of those convicted of white collar crimes is very different. The...
New York penalties for being found with illegal drugs
Being caught with an illegal or illegally obtained controlled dangerous substance in New York can land you with severe punishments, depending on the substance, how law enforcement found you and how you handled yourself once discovered by the police. Penalties also...
3 grand theft defense strategies to consider
Every state has its own definitions and classifications of theft. One of the factors that affects the seriousness of the offense is the value of the object or dollar amount taken. In New York, grand larceny applies to misappropriated property that is worth $1,000 or...
Understanding your right to effective counsel
The Sixth Amendment to the U.S. Constitution guarantees, among other things, your right to “assistance of counsel in all criminal prosecutions” against you, whether conducted in New York or elsewhere. In other words, you have the right to have an attorney represent...
