New York Civil Rights And Criminal Defense Lawyers

Criminal Defense

What are the penalties for mail fraud?

In New York, white collar crimes often result in hefty penalties that can have a severe impact on your future and quality of life. This is especially true when these crimes involve United States institutions. Mail fraud is one white collar crime that involves a U.S. service. In accordance, the potential penalties you face are of utmost severity. Defining mail fraud The Congressional Research Service defines mail fraud and its related penalties. First, mail fraud by its definition is the act of furthering fraud via the postal system. This applies to public and private carriers. It can involve...

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Reviewing the right to act in self-defense

It may be easy for many people in New York to greet claims of self-defense as a justification for supposed criminal action with skepticism. Yet such skepticism overlooks the fact that there may indeed be scenarios where onen feels as though they have no choice to respond to the threat posed by another with force. The question then becomes to what extent does the law tolerate such a reaction. Can a person justifiably act against another any time that they feel threatened, or is that right limited? To know that answer, one must understand a unique legal principle known as "the Castle Doctine."...

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Wire fraud and its possible penalties

A federal wire fraud charge generally alleges use of a telephone, email or other electronic communication to defraud an individual located in another state. A conviction, however, requires a prosecutor to prove that an individual used interstate communications with the intent to deceive. After reviewing evidence, a court determines whether a defendant meets the requirements for a wire fraud conviction. According to the Federal Deposit Insurance Corporation, deception with false pretenses, promises and misrepresentations may result in a sentence of up to 20 years imprisonment. Wire fraud may...

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Intoxication loophole in rape cases may close soon

Women are often extremely cautious with their drinks at bars and parties. One primary concern is that someone might spike the drink with drugs. Women in New York also have to keep the intoxication loophole in mind. This states that if a woman becomes intoxicated of her own free will, prosecutors may have no obligation to pursue rape charges. In late 2019, U.S. News reported that the New York governor had proposed changes to close this loophole. The governor believes that rapists might abuse this loophole to take advantage of intoxicated women on purpose. Expanding state definitions One way...

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Recognizing and responding to opioid overdose

The leading cause of accidental death in New York City is drug overdose. Most often, opioid drugs are responsible for overdoses.  Death due to opioid overdose is tragic. Fortunately, it is also preventable if one recognizes the signs of overdose and responds appropriately.  Recognizing the signs of opioid overdose The most dangerous symptoms of opioid overdose are slowed breathing and extreme drowsiness. Breathing can slow down to the point that it stops altogether. According to the Drug Enforcement Administration, a person who has overdosed may exhibit confusion and pupils that have...

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How manslaughter differs from murder

If you or someone you know has been arrested for and charged with murder or manslaughter in New York State, you may find it helpful to learn how the state defines these two crimes and what differentiates them from each other. While both murder and manslaughter involve the death of another person, some very specific details about a case may determine which offense a person is charged with. Different felony classifications As explained by the New York Senate, murder in the first degree is determined to be a Class A-I felony while manslaughter in the first degree is a Class B felony. These...

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Probable cause in a criminal defense lawsuit

The Fourth Amendment of the U.S. Constitution protects citizens from illegal search and seizure. In other words, law enforcement officers are not permitted to search someone’s personal property or arrest them without probable cause. If an officer performs an unlawful search or arrests them illegally, the charges brought against that person may be dropped. What does an officer need for a legal search and seizure? Generally, an officer requires a valid search warrant or probable cause to search any area where a person has a legitimate expectation of privacy. In order for a search warrant to be...

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The different ways to defend against drunk driving charges

Drunk driving charges are serious criminal charges with significant potential penalties and consequences associated with them. Authorities, however, may make errors during the arrest process or the evidence being used against the accused individual may be questionable. As a result, drivers accused of drunk driving should be familiar with the different ways to defend themselves against the charges they are facing based on any violation of their rights or mistakes made by authorities. Different drunk driving defenses include: Challenge to an improper stop – police must meet certain standards...

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Wrong man accused of stabbing woman in Queens

When a person is arrested for a serious crime in the New York area it can be a nerve-wracking time. An arrest can be a devastating time with a person facing threats to their freedom, reputation and livelihood. Occasionally an arrest takes place before the authorities have the proper evidence. A man who is confined to a wheelchair recently had charges dropped against him for a stabbing he didn’t commit. This past April a woman was stabbed in the back while waiting for a train at i71st Ave. and Queens Blvd. in Forest Hills. The woman claims the man who stabbed her was in a wheelchair and...

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What are the kinds of credit fraud, and how serious are they?

Credit card fraud is a significant problem in the United States, which is why it's taken so seriously by the government. It's a federal crime, and you can face time in prison or other harsh penalties if you get caught stealing another person's credit cards or identity. The United States has the most cases of credit fraud in the world based on the fact that cases in this county make up 38.6% of all cases worldwide. Most fraud in the U.S. starts with telephone or email fraud. What is credit card fraud? Credit card fraud includes several different acts. These may include: Taking the account...

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