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New York City Criminal Defense Blog

What is a white collar crime?

When you hear the term white collar crime, you may wonder what kind of crime this refers to. The FBI says that a white collar crime is perpetrated by people who work in government or business and usually involves some kind of fraud.

Money laundering is one of the crimes that is considered white collar. This is because people usually gather large amounts of money and use it to finance additional crimes. This money can be accumulated through real estate, international trade and even financial institutions. Money laundering is considered a serious crime because it can damage the reputation of a financial institution.

Can I challenge the results of a breathalyzer?

Many of us pay specific attention to the number of drinks that we have in a given night, and may even space out drinks with glasses of water to maintain sobriety more easily. However, even for those who take special care to remain in control while drinking may find that they are technically over the limit if an officer stops them and administers a sobriety test.

Some people worry that breathalyzer results are definitive, and that any time a person receives charges based on breathalyzer results, these charges are ironclad. However, that is not always the case. In some instances, a person may identify grounds to challenge breathalyzer results and may even succeed in overturning the charges altogether.

The penalty for dealing drugs in New York

New York citizens may think that all drug charges are alike. The penalties of a drug charge can be different, though, if someone was selling drugs instead of possessing them, and it is important for people to understand the consequences of dealing drugs.

Some people may not realize that there are many penalties for drug dealing. FindLaw says that a court usually considers how many prior offenses a person has and what kind of drug they were selling when resolving on a sentence. Another factor is the amount of the drug a person sold. New York law generally determines the penalty a person receives for dealing drugs. However, someone may be subject to federal laws as well if they crossed a state line to sell drugs.

Types of larceny charges

If you or someone you know has been accused of some type of theft charge in New York, you may need or want to educate yourself about some of the basic terminologies used in these offenses. One of the terms you may hear reference to is larceny and there are actually multiple forms of this alleged crime.

As explained by the New York Penal Code, larceny is basically a more official word used to describe types of theft or stealing. But, there are actually many forms that this may take. One of these may be what you most likely think of. This includes a person trespassing onto another person's or entity's property and taking something that is not theirs. A less thought of version of larceny involves keeping something known to be lost by another person. Integral to making this a viable crime would the lack on the part of the finder to return the object to its owner as well as the exercise of control over it.

Understand New York's stance on drunk driving

When you are planning an evening out with friends, you need to plan the transportation you will be using for the night. This is one way that you might be able to avoid facing a drunk driving charge.

New York takes drunk driving very seriously. You can face a host of penalties just for getting behind the wheel when you are impaired. Here are some important things you need to know about drunk driving charges in this state:

Graffiti as a crime in New York

New York is a popular place for artists, especially in the city. It is not only professional artists with studios and exhibits who are recognized – graffiti artists have gathered a large following in recent years, some of them obtaining celebrity status. In fact, many tourists look for signature graffiti pieces by famous graffiti artists in large cities across the country.

However, graffiti is still considered a crime in New York and most places in the U.S. In New York State, making graffiti on public or private property without proper permission is a class A misdemeanor. It is also a misdemeanor for possessing graffiti instruments, reports These might include such items as spray paint cans, brushes, paints, stencils and climbing equipment to enable a graffiti artist to reach inaccessible places. While these implements may not be considered illegal on their own to possess, law enforcement may have probable cause to believe a person has the intent or has used them for graffiti.

What is health care fraud?

When you think about fraud, you may consider credit card fraud before health care fraud comes to mind. However, incidents of healthcare fraud do occur in New York. It is important for you to understand what this can look like.

Health care fraud can come in a variety of forms. The National Health Care Anti-Fraud Association says that you have committed fraud if you gave a patient a false diagnosis so unnecessary tests could be performed or conducted a procedure which was not medically necessary. Receiving payment when a patient refers someone to your practice or saying a procedure is covered under a patient's health care when it is not are other forms of fraud. Additionally, you commit fraud when you charge patients for procedures that were not performed.

Overdoses looked at as potential crimes

Most New York residents have likely heard that the United States President recently declared that the nation is facing an emergency situation regarding opioid addiction. While that may sound positive and some people might be hopeful that more help may be made available to people with addictions, it appears other things are also happening.

Recent reports indicate that law enforcement teams across the greater New York region are directly increasing their crackdown efforts against people accused of some drug crimes. Defendants who are accused of selling or otherwise dealing drug substances may actually find themselves potentially considered party to murders. When arriving at a scene when a person has died from a drug overdose, officers do not only consider the medical side of the case but begin a criminal investigation to find a person to accuse of causing the death. That person may well be a suspected drug dealer.

Avoiding a DUI during the holiday weekend

Christmas is just a few weeks away, followed by New Year's Eve. This is a time of parties and festivities, and also one of the most dangerous times of the year for drivers. These are holidays that promote drinking, and, as a result, there are many more drunk-driving-related crashes than at other times of the year.

As someone making the trip to see family and friends, it's important that you get there and home safely. If drinking is part of the activities planned for the day, that could create a risk of getting a DUI. Here are a few ideas for how to avoid a DUI over the holidays.

How strong is the connection between drugs and crime?

If you or someone you know has ever been arrested for and charged with a crime in New York, you may quickly learn that even if the alleged offense did not directly involve drugs or alcohol, these substances may end up being factors in some way. Understanding the relationship between legal or illegal substances and criminal activity may be vital, especially to people who need to defend themselves against such allegations.

According to the Department of Justice, defendants in as many as 40 percent of crimes identified as violent are said to have been under the influence of alcohol at the time of their alleged crimes. The National Council on Alcohol and Drug Dependence indicates that these violent crimes include everything from rape to murder to domestic violence and more. Drugs and alcohol together are said to have been factors in an estimated 80 percent of cases that resulted in people currently being in prisons or jails around the country.

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