New York Criminal Lawyer Blawg

The crime of Driving While Intoxicated (DWI) falls under the New York State Vehicle and Traffic Law. In defending a DWI charge in New York State the best criminal defense lawyers will explain to their clients what proof is necessary for a conviction. The criminal defense of a DWI charge in New York State usually focuses on what proof the District Attorney has against the accused. In Westchester, Putnam, Rockland, Dutchess and Orange Counties the criminal defense attorney has an early opportunity to review the proof.

The Charge of DWI

There are several charges under the DWI laws in New York State. Those charges include DWI based upon a BAC reading of .08 or greater (VTL 1192.2), DWI per se based upon the officers observations (VTL1192.3), Aggravated DWI with a BAC of .18 or above (VTL 1192 (2-a)(a)), DWI with a child in the car (VTL 1192 (2-a)(b)) or even DWAI by drugs (VTL 1192.4). These charges can be either felonies or misdemeanors depending on the accused history and/or facts of the case.

Understanding the BAC .08 DWI charge (VTL 1192.2)

To understand DWI in New York State it is best to review the pattern jury instructions that a judge must follow to find an accused guilty of the charge. The top DWI lawyers or litigation attorneys in general know that these instructions are the most important aspect of any case.

The pattern jury instructions are also helpful for a non-attorney to clearly understand the issues since they were written for non-attorneys to clearly understand the charge in a jury trial situation. Even if there is no jury these instructions will be used for the judge to determine guilt.

DWI Defense Strategy

Prior to trial, the jury instructions must be consulted by the DWI attorney to determine if the government can prove the charges against an accused. All proof by the government must be "Beyond a Reasonable Doubt".

DWI - Misdemeanor/Felony BAC above .08 Jury Instructions

"Under our law, no person shall operate a motor vehicle while such person has a .08 of one per centum or more by weight of alcohol in the person's blood as shown by a chemical analysis of such person's blood, breath, urine or saliva"

This is what the government needs to prove. The instructions further define the crime as follows:

"Motor Vehicle means every vehicle operated or driven upon a public highway (private road open to motor vehicle traffic or a parking lot) which is propelled by any power other than muscular power"

"Operate a motor vehicle when such person is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion and when the motor vehicle is moving or even if it is not moving the engine is running"

BAC test "In this case the device used to measure blood alcohol content was ____. That device device is a generally accepted instrument for determining blood alcohol content". "You must consider the qualifications and reliability of the person who gave the test , the lapse of time between the operation of the motor vehicle and the giving of the test, whether the device used was in good working order at the time the test was administrated and whether the test was properly given."

When charged with any type of DWI crime it is essential to know the elements of the crimes (as noted above) and the proper defenses. An aggressive strategy is usually the best criminal defense.

Under New York Law all robberies are classified as felonies. The prosecution takes robbery cases seriously because of the violent nature of the crime. When one is charged with robbery it is important to have a criminal defense attorney defend the case as soon as possible.

In Westchester County, Putnam, Rockland or Dutchess counties often family members are the first to hear of an arrest or investigation for Robbery. It is at that point a consultation with a criminal defense attorney to defend the robbery charge is necessary.

Classes of Robbery in New York State

Robbery under Penal Law section 160.00 is defined as forcible stealing. A person forcibly steals property and commits robbery when in the course of committing a larceny uses or threatens the immediate use of physical force.

Robbery in the third degree is a class "D" felony and is charged when a person forcibly steals property.

Robbery in the second degree is a class "C" felony and includes forcibly stealing property AND is aided by another, physical injury is caused, a firearm is displayed or carjacking takes place. Robbery in the second degree is usually the most common type of robbery charged.

Robbery in the first degree is a class "B" felony and included forcibly stealing property AND there is serious injury to the nonparticipant, use of a deadly weapon, uses or threatens to use a dangerous instrument, displays a firearm.

Defense of a Robbery Arrest in New York State

The defense of a robbery charge is very complex. Often there are multiple co-defendants and/or weapons used and/or various injuries. The first step in the defense is to determine what exactly happened. The second step is to investigate what statements any of the participants made to the police. Third, the criminal defense attorney should challenge any identifications made of the accused. This is the foundation of the defense of any robbery charge in New York State.

Legal Consultation for Robbery Charge

The most important aspect to the defense of a robbery case is to speak with your lawyer early AND often. An accused will need to speak with their criminal defense attorney on several occasions until a legal defense strategy can be determined. Lawyer contact is very important.

Punishment for a Robbery Conviction

There is a wide range of sentences for a person charged with robbery but because all robbery charges are felonies State prison can be a consequence. The best criminal defense attorneys will clearly explain the various sentences which may or may not include State prison.

New York law has very strict Burglary laws. It is important for the criminal defense lawyer to understand the meaning of the crime and recognize potential defenses.

The facts are extremely important as counties in New York State treat burglary seriously. A charge of burglary in Westchester County, Putnam, Rockland and Orange County is vigorously prosecuted and the criminal defense attorney needs to be aggressive in the defense.

Burglary

Burglary in the Third degree -- A person must knowingly enter or remain unlawfully in a building with intent to commit a crime therein. A Class "D" Felony.

Burglary in the second degree -- Includes the elements of burglary in the third degree and involves an explosive or deadly weapon, causes physical injury to another person, displays a dangerous instrument or displays a firearm. A Class "C" Felony

Burglary in the first degree - Includes burglary in the second degree but the burglary occurs in a dwelling. A dwelling is a building which is usually occupied by a person lodging therein at night. A class "B" Felony

The defense of a burglary case is very fact specific but also the prosecution must prove the accused "knowingly" enters or remain unlawfully with the "intent" to commit a crime therein. These can be difficult elements for the prosecution to prove and the top criminal defense attorneys need to review the facts of the case to determine the weaknesses for the prosecution.

If you have any questions about the crime of burglary or the defense contact a criminal defense lawyer to explain the law and the options regarding how the case will proceed.

In New York State criminal defense law the criminal defense attorney needs to understand all areas of the Larceny Laws. Larceny falls under Article 155 of the New York State Penal Law and is broken down into several areas. This blog can not review every aspect of the New York State Larceny Laws but will provide a basic understanding. For an in depth review of the laws you should contact an experienced criminal defense attorney.

Larceny

Under PL 155.05 larceny is defined "A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof".

Larceny can include larceny by trick, embezzlement, false pretenses, issuing a bad check, false promise, extortion or even larceny over lost property. The prosecution will use one theory or several to convict a person under the larceny statute. The top criminal defense attorneys need to investigate the charge and potential prosecution theory or legal strategies to defend the case.

Types of Larceny

In determining the proper charge the police or District Attorney's Office will review the entire case but usually the charge will directly relate to the amount of money or value of property stolen and/or the method of theft.

Grand Larceny in the Fourth Degree -- Value of property over $1,000.00 or the property is a credit card, debit card, public record, secret scientific material, obtained by extortion etc. Grand larceny in the fourth degree is an "E" felony.

Grand Larceny in the Third Degree -- Value of property over $3,0000.00 or involves theft of an ATM machine or its contents. Grand larceny in the third degree is a "D" felony.

Grand Larceny in the Second Degree -- Value of property over $50,000.00 this is a "C" felony.

Grand Larceny in the First Degree -- Value of property over one million dollars. This is a "B" felony.

Petit Larceny -- "A person is guilty of petit larceny when he steals property". This is a class "A" misdemeanor. Petit larceny usually encompasses shoplifting types of crimes.

If you are charged with any type of Larceny crime it is very important to contact a criminal defense attorney as the prosecution needs to supply necessary paperwork in a timely manner to prove the crime and all defenses need to be investigated early.