In New York, the two most common vehicular crimes that can result in criminal penalties are DWI and Unlicensed Driving, however we will represent you in any charges you’re facing involving allegations of vehicular crimes.

1) DWI/DUI (VTL 1192)

DWI refers to the offense of operating a motor vehicle while impaired by alcohol or drugs. The legal blood alcohol concentration (BAC) limit for drivers in New York is 0.08%. If a driver's BAC exceeds this limit, they can be charged with DWI. Additionally, a DWI charge can apply if a driver is under the influence of drugs, whether prescription, over-the-counter, or illegal substances.

Penalties for DWI in New York can vary based on factors such as BAC level, prior offenses, and whether the driver was involved in an accident. Some of the common penalties for a DWI conviction in New York include:

Fines: Typically range from several hundred dollars to thousands, depending on the severity of the offense.

License Suspension: A temporary or permanent suspension of the driver's license.

Jail Time: Possible imprisonment, especially for repeat offenders or if there was an accident involved.

Mandatory Alcohol Education: Participation in programs such as the Impaired Driver Program (IDP).

There are also more serious charges, such as Aggravated DWI, which applies to drivers with a BAC of 0.18% or higher, and it carries harsher penalties. Additionally, drivers who refuse to take a chemical test can face automatic penalties under New York's "Implied Consent Law."

2) Unlicensed Driving

Unlicensed driving (or VTL 511) in New York refers to operating a motor vehicle without a valid driver's license. This can include:

a) Never Having a License – Driving without ever having obtained a valid New York or out-of-state license.

b) Expired License – Driving with a license that has expired.

c) Suspended or Revoked License – Driving while your license is suspended or revoked, which carries more severe penalties.

d) Out-of-State Driver Without Proper Authorization – A person with an out-of-state license who does not meet New York’s legal requirements to drive in the state.

Penalties for Unlicensed Driving

a) Simple Unlicensed Operation (VTL 509-1) – A traffic violation that may result in fines up to $300 and possible jail time (up to 15 days).

b) Aggravated Unlicensed Operation (AUO) (VTL 511) – A criminal offense with harsher penalties, including heavier fines and possible jail time, especially for repeat offenders or those with suspended/revoked licenses.

We will work diligently to hold law enforcement accountable to their observations of alleged intoxication, and the accuracy of any breath or blood testing used in their prosecution. It’s important to know that there are stringent technical and maintenance requirements involved with Intoxilyzers, and if not maintained correctly, the prosecution cannot prove their case absent extraordinary circumstantial evidence. We know what those requirements are and will demand full compliance, or a dismissal.

In New York, assault is defined as intentionally causing physical injury to another person. There are several degrees of assault, each with different levels of severity and penalties. Here's a breakdown of the various degrees of assault in New York:

1) Assault in the Third Degree (New York Penal Law § 120.00)

This is the least severe form of assault and occurs when someone:

a) Intentionally causes physical injury to another person, or

b) Recklessly causes physical injury to another person.

c) Negligently causes physical injury to another person with a weapon or dangerous instrument.

Penalties: Class A misdemeanor, punishable by up to 1 year in jail or 3 years probation.

2) Assault in the Second Degree (New York Penal Law § 120.05)

This occurs when someone:

a) Intentionally causes serious physical injury to another person.

b) Causes injury to a person using a weapon or dangerous instrument.

c) Causes injury to a police officer or other protected personnel while they are performing their duties.

Penalties: Class D felony, punishable by up to 7 years in prison.

3) Assault in the First Degree (New York Penal Law § 120.10)

This is the most serious form of assault and happens when someone:

a) Intentionally causes serious physical injury to another person.

b) Causes injury using a weapon or dangerous instrument.

c) Uses a firearm with the intent to cause serious injury or disfigurement.

Penalties: Class B felony, punishable by up to 25 years in prison.

The distinction between “physical injury” and “serious injury” may sound menial, but the legal difference can severely impact your sentencing range. For example:

Physical Injury: Impairment of physical condition or substantial pain.

Serious Physical Injury: Injury that creates a substantial risk of death, or causes death, disfigurement, or long-term loss of function of a body part or organ.

In New York, assault can also involve other specific types of offenses, such as domestic violence assault or assault on a police officer. The penalties can vary depending on the circumstances and the nature of the offense.

In New York, drug crimes are divided into several categories based on the type of drug involved, the amount of the substance, and the context of the offense. Here are the main categories of drug crimes in New York:

1) Possession of Controlled Substances

Possession of Drugs: It’s illegal to possess certain controlled substances (like heroin, cocaine, marijuana, and prescription drugs without a prescription). The severity of the crime can depend on the type and amount of the drug.

Simple Possession: Possessing small amounts of drugs for personal use is a crime, but penalties can vary. Possession of marijuana, for example, has been decriminalized to some extent, but possessing large amounts can lead to harsher penalties.

Possession with Intent to Sell: If you're caught with a large quantity of drugs or evidence suggesting you were going to sell the drugs, it's considered a more serious offense, with harsher penalties.

2) Drug Sale and Distribution

Selling or Distributing Drugs: Selling controlled substances is illegal and heavily penalized. Selling drugs near schools or public parks can lead to enhanced penalties.

Class A, B, and C Felony Sales: Depending on the drug and quantity, the sale of drugs can lead to felony charges, with sentences ranging from several years to life in prison.

3) Manufacturing Drugs

Manufacturing or Cultivating Drugs: It’s a crime to manufacture drugs (like methamphetamine or crack cocaine), as well as to grow marijuana (unless legally authorized). Manufacturing drugs is considered a serious crime and can carry heavy penalties.

4) Possession of Drug Paraphernalia

Paraphernalia Possession: It's illegal to possess items used for drug consumption, like needles, pipes, or bongs, in certain contexts. This includes items like syringes, spoons, and other devices often associated with drug use.

5) Drug Trafficking

Drug Trafficking: Trafficking involves the illegal importation, exportation, or transportation of drugs across state or national borders. This is a federal offense and can carry severe penalties, including long prison sentences.

6) Prescription Drug Crimes

Prescription Fraud: This includes forging or altering prescriptions, as well as obtaining prescription drugs through fraudulent means. This is considered a felony under New York law.

7) Marijuana Laws (Post-Legalization)

While marijuana was legalized for recreational use in New York in 2021, there are still specific regulations about how much a person can possess, grow, or distribute.

Possession Over the Legal Limit: It’s illegal to possess more than the legal limit (three ounces for personal use). Violations can lead to criminal charges.

Distribution and Sale: While adults can legally sell marijuana in licensed dispensaries in New York, selling marijuana without a license or to minors is illegal.

Penalties for Drug Crimes in New York

Penalties for drug crimes in New York depend on several factors, including the type of drug, amount involved, prior criminal history, and whether the crime occurred near a school or in other protected areas. These can range from fines to long prison sentences, and in some cases, mandatory drug treatment programs may be ordered.

In New York, burglary is defined as the unlawful entry into a building or dwelling with the intent to commit a crime therein, typically theft, but it could also be any other felony or even a misdemeanor.

There are three degrees of burglary in New York, each with varying degrees of severity and punishment:

Burglary in the Third Degree (NY Penal Law 140.20):

This is the least severe form of burglary. It involves knowingly entering or remaining in a building unlawfully with the intent to commit a crime therein.

It is considered a D felony in New York, punishable by up to 7 years in prison.

Burglary in the Second Degree (NY Penal Law 140.25):

This involves committing burglary while one of the following circumstances applies:

a) The building is a dwelling (traditionally a home/ apartment, but may refer to non-residential areas that are accessible to a dwelling).

b) The burglar is armed with a weapon.

c) The burglar causes physical injury or threatens someone with physical injury.

It is considered a C felony, which can result in up to 15 years in prison.

Burglary in the First Degree (NY Penal Law 140.30):

This is the most severe form of burglary and includes circumstances like:

a) Committing burglary while being armed with a deadly weapon or causing physical injury to someone.

b) Entering a dwelling with the intent to commit a crime while being armed.

It is considered a B felony and can lead to up to 25 years in prison.

Burglary charges in New York are serious and can result in significant legal consequences depending on the degree of the offense and any aggravating factors involved (like using weapons or causing harm to others).

What makes burglary unique to crimes such as trespassing is the “intent to commit a crime therein” requirement, which is oftentimes liberally interpreted by the prosecution. We will mandate evidence showing what crime is alleged to have intended to commit therein, and vigorously defend you in your case.

In New York, robbery is a criminal offense that involves forcibly stealing property from another person. It typically includes the use or threat of force, violence, or intimidation to take something of value.

Under New York Penal Law (NYPL) Article 160, robbery is categorized into three degrees:

Robbery in the Third Degree (NY Penal Law 160.05)

This is the least severe robbery charge and occurs when someone forcibly steals property. It is a Class D felony, punishable by up to 7 years in prison.

Robbery in the Second Degree (NY Penal Law 160.10)

Second-degree robbery is a more serious charge than third-degree robbery, and involves additional factors such as:

a) The defendant is aided by another person during the robbery. “Aided” simply means that you and at least one another person attempted to commit the crime of robbery in the third degree. Importantly, this subsection of Robbery is NOT bail eligible.

b) The victim suffers a physical injury.

c) The defendant displays a weapon (even if it is fake).

It is a Class C felony, punishable by up to 15 years in prison.

Robbery in the First Degree (NY Penal Law 160.15)

The most serious robbery charge. It occurs when someone commits the crime of Robbery in the Third Degree, AND:

a) The defendant causes serious physical injury to the victim.

b) The defendant is armed with a deadly weapon (such as a gun or knife).

c) The defendant uses or threatens to use a dangerous instrument.

It is a Class B felony, punishable by up to 25 years in prison.

Description goes hereIn New York, larceny refers to the unlawful taking of someone else's property with the intent to permanently deprive them of it. Larceny is classified under New York Penal Law Article 155, and it can be categorized as petit larceny or grand larceny, depending on the value and type of the stolen property.

Types of Larceny in New York

Petit Larceny (NY Penal Law § 155.25)

Theft of property valued at $1,000 or less.

Considered a Class A misdemeanor.

Punishable by up to 1 year in jail and/or fines.

Grand Larceny (NY Penal Law §§ 155.30 - 155.42)

Theft of property valued at more than $1,000.

Larceny, technically known as Grand Larceny, is considered a felony, with different degrees based on the value:

Grand Larceny in the Fourth Degree: Over $1,000 (Class E felony)

Grand Larceny in the Third Degree: Over $3,000 (Class D felony)

Grand Larceny in the Second Degree: Over $50,000 (Class C felony)

Grand Larceny in the First Degree: Over $1,000,000 (Class B felony)

Punishments range from probation to up to 25 years in prison, depending on the degree.

Other Considerations

If the stolen item is a firearm, vehicle, credit card, or obtained through extortion, it may automatically be grand larceny, regardless of its value.

Shoplifting is often charged as petit larceny or grand larceny based on the amount stolen.

Civil penalties can also apply, requiring the defendant to compensate the victim

Firearms violations in New York are among the strictest in the country, and fall under both state and federal laws.

1. Criminal Possession of a Weapon (Penal Law § 265.01 - § 265.04)

Fourth Degree: Possessing a firearm without a permit (Class A misdemeanor).

Third Degree: Possessing three or more firearms, a defaced firearm, or an assault weapon (Class D felony).

Second Degree: Possessing a loaded firearm with intent to use it unlawfully (Class C felony).

First Degree: Possessing 10 or more firearms (Class B felony).

3. Unlawful Sale or Transfer of a Firearm

Selling or giving a firearm to someone without a proper background check or license is illegal.

Private sales must go through a licensed firearms dealer for a background check.

4. Carrying a Firearm Without a License

New York has strict concealed carry laws; a license is required to carry a handgun.

The 2022 Concealed Carry Improvement Act (CCIA) added new restrictions on where firearms can be carried.

5. Possession of an Assault Weapon or High-Capacity Magazine

Under the New York SAFE Act, assault weapons and magazines holding more than 10 rounds are banned.

6. Defacing a Firearm (Penal Law § 265.10)

Altering or removing a firearm's serial number is a felony.

7. Possession of a Firearm on School Grounds

Carrying a firearm on school property is a serious offense.

8. Possession of a Ghost Gun

Unregistered, unserialized "ghost guns" (homemade or 3D-printed firearms) are illegal.

9. Possession of a Firearm by a Convicted Felon

It is illegal for convicted felons to possess firearms under both state and federal law.

Violating these laws can result in severe penalties, including jail time and felony charges

In New York, domestic violence violations refer to offenses committed against a family or household member. These violations can range from misdemeanors to felonies, depending on the severity of the offense. Domestic violence is not a separate charge but rather a category of offenses that involve intimate partners or family members, and typically in involve orders of protection, which are court mandated orders preventing the defendant from engaging in any physical, telephone, email, or third-party contact with the aggrieved party.

Common Domestic Violence Offenses in New York

Some of the most common crimes that fall under domestic violence include:

1. Assault (NY Penal Law §§ 120.00 - 120.10)

a) Assault in the Third Degree (Misdemeanor): Causing physical injury to another person intentionally or recklessly.

b) Assault in the Second Degree (Felony): Causing serious physical injury, often with a weapon.

c) Assault in the First Degree (Felony): Intentional injury with a deadly weapon or disfigurement. (Disfigurement is also a very technical legal term, and refers to a type of serious physical injury that results in permanent or significant alteration of a person's appearance.)

2. Menacing (NY Penal Law §§ 120.13 - 120.15)

Threatening or putting someone in fear of physical injury.

3. Harassment (NY Penal Law §§ 240.25 - 240.30)

a) Harassment in the Second Degree (Violation): Following, striking, or alarming a person.

b) Aggravated Harassment in the Second Degree (Misdemeanor): Threatening someone via phone, mail, or electronic communication.

4. Stalking (NY Penal Law §§ 120.45 - 120.60)

Repeated unwanted contact or threats causing fear for safety.

5. Criminal Contempt (NY Penal Law §§ 215.50 - 215.52)

Violating an Order of Protection issued by the court.

6. Strangulation (NY Penal Law §§ 121.11 - 121.13)

a) Strangulation in the Second Degree (Felony): Obstructing breathing, causing injury.

b) Strangulation in the First Degree (Felony): Causing serious physical injury by choking.

7. Endangering the Welfare of a Child (NY Penal Law § 260.10)

Acting in a way that risks harm to a child’s well-being.

8. Coercion (NY Penal Law §§ 135.60 - 135.65)

Forcing someone to do or not do something through threats.

Consequences of Domestic Violence Violations

Arrest & Charges: Even minor domestic incidents can lead to an arrest.

Orders of Protection: Courts often issue protective orders against the accused.

Criminal Penalties: Varies from fines and probation to prison time.

Impact on Child Custody & Immigration: Domestic violence convictions can affect parental rights and immigration status.

In New York, a criminal appeal is a legal process by which a defendant who has been convicted of a crime seeks to have a higher court review and potentially overturn their conviction or sentence. Appeals are based on claims that legal errors occurred during the trial or sentencing that affected the outcome of the case. The goal of an appeal is to determine whether the trial was conducted fairly and whether the defendant’s rights were upheld. If you are successful in your appeal for any of the below listed grounds, your case may not necessarily be dismissed, but rather the prosecution must re-try your case, applying the appellate courts ruling. In some cases, the prosecution may choose not to re-try your case, which would result in your charges being dismissed outright.

Our office can handle your appeal, even if we did not represent you during the pendency of your case and/or trial.

It is important to remember than an appeal is NOT a new trial or a chance to present new evidence. Instead, appellate courts review the trial record to determine whether legal mistakes were made during your case in a lower court.

Grounds for Appeal

1) Errors in applying the law (e.g., improper jury instructions).

2) Constitutional violations (e.g., violation of due process, unlawful search and seizure).

3) Prosecutorial misconduct.

4) Ineffective assistance of counsel.

5) Insufficient evidence to support the conviction.

6) Sentencing errors.

The Appeals Process

1) Notice of Appeal: The defendant must file a notice of appeal within 30 days of sentencing.

2) Appellate Briefs: Both the defense and prosecution submit written arguments.

3) Oral Arguments: In some cases, lawyers present arguments before appellate judges.

4) Decision: The appellate court may affirm, reverse, or modify the lower court’s decision.

Possible Outcomes

Several possible outcomes may occur when an appellate court renders a decision on your appeal. For example:

Affirmation: The conviction or sentence remains unchanged.

Reversal: The conviction is overturned, and charges may be dismissed or retried.

Modification: The sentence or conviction is changed.

Remand: The case is sent back to the lower court for further proceedings.

Post-Conviction Relief Beyond Appeals

If an appeal fails, defendants may pursue other options like habeas corpus petitions or motions to vacate the conviction (CPL 440 motions) based on newly discovered evidence or constitutional violations.