The average defendant is not aware of their rights. As a result, legal representation is a necessity to make sure the defendant’s rights are protected and to navigate the legal process successfully. If you have been accused of a crime, it is in your best interests to secure legal representation as soon as possible. The sooner your lawyer can begin working on your defense, the better representation you can expect.
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In order for physical contact between two people to be considered assault, a minimum level of physical injury must be demonstrated. Assault requires the victim to have impairment of physical condition or substantial pain, or it cannot be considered assault. If a physical contact does not meet that threshold level, it may be considered harassment, which is a violation, instead of an assault.
If you or a loved one is arrested and charged with a drug offense, remember that you have rights. Under no circumstances should you be rude or confrontational to the officer; but remember: it’s your right to remain silent. It is generally best to stay quiet – the officers will take down your statements and include them in the record, and they can be used in court to prosecute you. In our experience, you will not be able to talk your way out of being arrested, so don’t say anything to police. Be polite and contact legal representation at the first opportunity.
Being arrested for DWI or for a DUI can lead to a helpless, hopeless feeling. It’s hard to know how to act, and what to do, and to try to find a way to be pro-active and take back control of the situation. The way to answer these questions is to get help as soon as possible.
In the criminal justice system, specific crimes have minimum and maximum sentences, barring mitigating circumstances. For example, the penalties for a violent crime may be more severe if a weapon was involved or the defendant had a prior record.
The same holds true for driving-while-impaired offenses in New York. If the individual repeats the same crime more than once, the penalty rises, in hopes of being a deterrent and to keep an offender from committing the same mistake twice.
Being convicted of a property crime can carry penalties you’ll have to bear for the rest of your life. If you are convicted of burglary, larceny-theft, motor-vehicle theft or arson, aside from the harm it does to you and your family personally (including smearing your reputation, court appearances, fines and potentially jail time), it may be hard to find an employer that will trust you around someone else’s investment.
Theft is generally defined as taking another’s property without consent. Often used as a synonym for larceny, it is essentially considered stealing. As with most legal terms and definitions, it can be a bit more complicated.
Few crimes carry the stiff sentences and penalties of violent crimes. Violence is often the dividing point for several aspects of the criminal justice system. While a drug offense may carry a mandatory sentence, if a violent act or intent is included, the sentence will automatically be more severe. Violence or its intent may also have severe ramifications for alternative sentencing.
Because of the diversity of the state, both in its population density and geography, gun laws in New York are relatively complex. Most laws apply to the entire state, but more specific laws on top of the federal and state laws apply to specific areas, including New York City.
White collar crimes encompass a variety of offenses that typically do not involve force or the threat of force. The common, simple explanation of the difference between white collar crimes and “blue collar crimes” (such as robbery, theft and carjacking) is that blue collar criminals use a gun, while white collar criminals use a pen or computer. White collar crimes are mostly committed by professionals such as business people, doctors, lawyers, bankers and the occasional politician. But not all white collar crimes are committed by professionals, everyday people commit them too.