Category: Felony

How to Get Bail and Out of Jail

12/11/2013

Bail is one of the issues most often on the minds of a defendant and their family. Read Judah Fuld's recently published article which outlines the strategies for convincing a judge to release the defendant without bail or to set as low a bail as possible. You can click here to go to article.

Should you or a friend need advice on bail, contact a criminal defense attorney to learn how to make a strong and persuasive bail application.

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A Look at New York's Robbery Statutes

10/1/2013

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New York takes a tough stance when it comes to Robbery and treats Robbery offenses more severely than other theft offenses. Theft crimes, such as Larceny, Fraud and Possession of Stolen Property are classified as either misdemeanors or felonies depending on the value of the stolen property. Robbery offenses, however, are all classified felonies. Even f the value of the stolen property is one dollar, the resulting Robbery charge is a felony offense. It is therefore crucial to understand the Robbery statutes and the actions which form the elements of these felony crimes.

New York Penal Law § 160.000, defines Robbery as forcible stealing. The New York Legislature describes forcible stealing as, when in the course of committing a larceny, a person uses or threatens the immediate use of physical force upon another for the purpose of either preventing resistance to the taking of the property of compelling the delivery of such property. Although all Robbery crimes are felonies, the legislature determined each felony classification based on a victim’s physical injuries, the number robbers present and whether the actor used or threatened use of a weapon.

The broadest Robbery offense is NY Penal Law § 160.05 Robbery in the Third Degree. A person is guilty Robbery in the Third Degree when he or she forcibly steals property. This is the most general of the three Robbery statutes and is classified as a D felony.

A person is guilty of NY Penal Law § 160.10 Robbery in the Second Degree, a class C felony, when he or she forcibly steals and either:

Is aided by another person actually present; or
In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

Finally, a person is guilty of NY Penal Law § 160.15 Robbery in the First Degree, a class B felony, when he or she forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime either:

Causes serious physical injury to any person who is not a participant in the crime; or
Is armed with a deadly weapon; or
Uses or threatens the immediate use of a dangerous instrument; or
Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.

If you or anyone you know has been arrested and charged with Robbery, you should immediately contact a Criminal Defense Attorney to discuss the case. The repercussions of a conviction are serious and can include a lengthy sentence of imprisonment. Call today for a free consultation with one of our criminal defense lawyers to learn how we can help.

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The Make-up of New York's A-I Drug Felonies

5/21/2013

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The New York Penal Law[1] contains three categorizations of offenses: felonies, misdemeanors and violations. Felonies are the most serious and are subdivided into five classifications: A, B, C, D & E felonies. For the purposes of sentencing, A felonies are subdivided in to A-I and A-II felonies. A-I felonies are the most severe offenses, carrying a minimum term of imprisonment of 15 – 25 years and a maximum of a life sentence.[2]

Of the nearly thirty controlled substance offenses and drug crimes, only three are classified as A-I felonies: (a) NY PL § 220.21 – Criminal Possession of a Controlled Substance in the First Degree, (b) NY PL § 220.43 - Criminal Sale of a Controlled Substance in the First Degree, and (c) NY PL § 220.77 - Operating as a Major Trafficker. The New York Legislature has classified these three offenses amongst the most serious criminal offenses which can carry a sentence of up to life imprisonment. It is worthwhile to take a moment to understand the elements and components of these three most egregious drug crimes.

The first two A-I Drug Felonies are relatively straightforward, as they are the First Degree forms of Criminal Sale of a Controlled Substance and Criminal Sale of Controlled Substance. The interesting difference is that the minimum threshold weight of a Controlled substance for selling is only 2 ounces, which is a quarter of the 8 ounce minimum threshold weight needed for the A-I possession charge.

A person is guilty of NY PL § 220.21 - Criminal Possession of a Controlled Substance in the First Degree in either of two ways, by knowingly and unlawfully possessing either:

One or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of 8 ounces or more; or
Methadone that weighs five thousand seven hundred sixty milligrams or more.

A person is guilty of NY PL § 220.43 - Criminal Sale of a Controlled Substance in the First Degree when he knowingly and unlawfully sells either :

One or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of 2 ounces or more; or
Methadone and the methadone weighs two thousand eight hundred eighty milligrams or more.

The final A-I drug felony is NY PL § 220.77 - Operating as a Major Trafficker. This statute is aimed toward those offenders who are involved in drug trafficking rings and organized crime. A person is guilty of Operating as a Major Drug Trafficker when he falls into one of three descriptions:

Such person acts as a director of a controlled substance organization during any period of twelve months or less, during which period such controlled substance organization sells one or more controlled substances, and the proceeds collected or due from such sale or sales have a total aggregate value of $75,000 or more; or
As a profiteer, such person knowingly and unlawfully sells, on one or more occasions within six months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of $75,000 or more; or
As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within six months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of $75,000 or more.

If you or anyone you know has been arrested for an A-I Drug Felony, you should immediately contact a Criminal Defense Attorney to discuss the case. The repercussions of a conviction are serious and can include a sentence of life imprisonment. Call today for a free consultation with one of our criminal defense lawyers to learn how we can help.

[1] NY PL § 55.05
[2] NY PL §70.00

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Fuld Disclosure
A Legal Blog

About the Author

Prior to joining the office, Judah Fuld served as the Law Clerk to the Honorable David H. Ironson, Superior Court of New Jersey, Criminal Division. Judah first appeared in court as a member of the Fordham Criminal Defense Clinic and has since expanded his work to various areas of criminal and civil law.

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How to Get Bail and Out of Jail

A Look at New York's Robbery Statutes

The Make-up of New York's A-I Drug Felonies

Fuld Disclosure
A Legal Blog

About the Author

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How to Get Bail and Out of Jail

A Look at New York's Robbery Statutes

The Make-up of New York's A-I Drug Felonies

Fuld DisclosureA Legal Blog

About the Author

Archives

Categories

Fuld Disclosure
A Legal Blog