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New City Criminal Defense Law Blog

Woman faces DUI charges with children in the car

Anytime you drive with a blood alcohol content of .08 or higher, you may be charged with drunk driving in the state of New York. However, driving with a child in the car while intoxicated can result in even more serious charges, especially if the child is injured or killed.

For example, according to a New York law referred to as "Leandra's Law," it is a felony to operate a vehicle under the influence with a minor under the age of 16. First time offenders can face a Class E felony and up to four years in jail, as well as other serious consequences. If the minor under 16 suffers serious injuries as a result of your intoxication behind the wheel, you could face class C felony charges and be sentenced to a maximum of15 years in jail. If a minor under 16 dies because of your intoxicated driving, you could be charged with a class B felony charges and face up to 20 years in jail.

Attorneys in New York can advise people accused of drug offenses

People in New York may think that they can only be charged with drug crimes if they are actually in possession of drugs, selling drugs or manufacturing drugs. However, it is entirely possible to face drug charges, even if one is not in one of the above scenarios.

For example, if a person is in the same location as someone else who is in possession of illegal drugs, the person not in possession of the drugs could still face charges of presumptive possession. In addition, if police find drugs in a person's residence, vehicle or work space, that person may face charges of constructive possession, even if the drugs belonged to someone else.

What are some defenses to the crime of larceny in New York?

Mistakes and misunderstandings take place all the time. For example, a person could accidently take a piece of property home, thinking it was theirs although it was not. While this misunderstanding may be rectified by an apology and the return of the property to its rightful owner, in other circumstances a person who takes property that is not theirs may find themselves facing criminal charges.

Under New York Penal Law §155.05, the specific theft crime of larceny occurs if a person steals property with the intent to permanently divest the property owner of it or to appropriate it to himself or a third party. There are eight specific ways larceny can be committed under New York law. Four of them are recognized as common law larceny, and include trespassory taking, larceny by trick, embezzlement or using false pretenses. Keeping property that one knows to be lost or delivered by mistake without reasonably trying to return the property to its rightful owner is also a larceny crime in New York. Issuing bad checks, obtaining property by false promise and extortion also fall under the realm of larceny in New York.

CEO of NASCAR arrested in New York for DUI, drug possession

The chairman and CEO of NASCAR, Brian France, is facing DUI and drug possession charges after a traffic stop in early August. The 56-year-old man was apparently pulled over for failing to stop at a stop sign. During the stop, the officer allegedly noted that France appeared intoxicated. When police searched him, they allegedly found oxycodone pills in his possession. According to officers, France's blood alcohol limit at the time of his arrest was more than twice New York's legal limit of .08 percent.

France was charged with driving under the influence and, according to state law, driving with a BAC of .18 percent or higher is considered aggravated driving while intoxicated. France was also charged with possession of a controlled substance, which is a misdemeanor.

Arson in New York can involve more than just buildings

When we think of arson, we may initially picture someone setting their home or business on fire for insurance purposes, or perhaps a person just starting a building fire for a malicious purpose or for no purpose at all. However, under New York law, what constitutes arson is actually much broader than that.

Under New York Penal Law §150.05, if a person starts a fire or causes an explosion on purpose in order to damage a building or motor vehicle, this is considered arson in the fourth degree. For the purposes of this statute, "buildings" include any structure, vehicle or boat in which a person can sleep in overnight or carry on business therein. This is in addition to the standard definition of building. In the case of apartments or other structures divided into units, each unit is a separate building.

The potential consequences of shoplifting

Shoplifting is often seen as a minor crime that is handled by mall security officials and then swept under the rug. However, in many cases, shoplifting can lead to serious criminal charges and penalties. If you are facing criminal charges, discussing your case with an attorney can help ensure that your rights are protected.

Shoplifting generally refers to stealing items or willfully concealing items that are for sale. In many states, including New York, shoplifting is covered under larceny and theft laws. In New York, taking items worth $1,000 or less is petit larceny, a Class A misdemeanor, and could result in up to a year in jail and up to $1,000 in fines.

Could a drug offense conviction jeopardize financial aid?

New York is home to many outstanding universities, and young adults in college may already be looking forward to the start of the next school year. They understand how important higher education can be, and gladly pursue the major that will hopefully lead to a stable job in their chosen profession upon graduation. However, a college education in New York is not cheap, and many students need to take out federal loans to pay for tuition, books, residence in a dorm and other necessities.

It is possible for a person to lose the financial aid they once qualified for. For example, if a college student is convicted on a drug crime, even the mere possession of marijuana, they could automatically lose their federal financial aid starting from the day they were convicted. The date on which they can reapply for aid depends on the drug offense at issue.

Drunk driving could result in vehicular manslaughter charges

Most of us are aware that driving a vehicle while intoxicated or under the influence of drugs is a crime in the state of New York and can result in drunk driving charges and a DUI conviction. However, if someone was killed in an alleged drunk driving accident, then you may be charged with intoxicated manslaughter and face even more serious consequences.

In New York, drivers may be charged with either first-degree or second-degree vehicular manslaughter. Second-degree vehicular manslaughter is a class D felony and charges can stem from any form of illegal driving, from driving while intoxicated to driving while texting.

Panel recommends legalizing marijuana in New York

Many people in New York may not see much harm in using marijuana. Some may be of the opinion that it is not the dangerous "gateway" drug it had been made out to be in the past. Despite that, using marijuana for recreational purposes is currently illegal in the state. However, there are those that are recommending we change that.

According to report by a Cuomo administration panel, marijuana should be legalized in New York. This includes marijuana used for recreational purposes. Medical marijuana is currently legal in the state, subject to certain qualifications and restrictions. The panel stated that be legalizing the drug, it could be regulated and taxed.

Rapper faces larceny charges after alleged credit card scheme

When someone takes money from another person under false pretenses or uses private information to defraud people, they may be charged with larceny. Ashley Bautista, known by the name 'Young Ash', is a New York rapper with many followers on social media who was recently charged with larceny after allegedly using her fame to defraud her fans. Bautista has pleaded not guilty to the theft charges and has been released without bail.

Bautista's alleged scheme started when she posted pictures of large amounts of cash and told her social media followers that they would get money fast if they provided her with their bank account information. Bautista, along with five other people, then apparently used this private information to forge checks and ATM cards, which she is accused of later using to withdraw money from bank accounts. Prosecutors refer to this practice of scamming social media followers as 'card cracking.'

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