When You Are Facing Criminal Charges, Go To An Attorney Who Does Not Back Down

Penal Law Article 220: Controlled Substances Offenses
Penal Law Article 265: Firearms and Other Dangerous Weapons
Vehicle and Traffic Law 1192: Driving While Intoxicated (DWI)
Penal Law Article 155: Larceny
Penal Law Article 120: Assault and Related Offenses

Penal Law Article 140: Burglary and Related Offenses
Penal Law Article 130: Sex Offenses
Penal Law Article 125: Homicide, Abortion and Related Offenses
Penal Law Article 215: Contempt
Penal Law Article 170: Forgery and Related Offenses

Fines

• Monetary fines are often imposed for minor offenses, such as misdemeanors or violations. The amount can vary widely based on the severity of the offense and other contributing factors.

Imprisonment

• Jails are usually for sentences of less than one year, often related to misdemeanors. Prisons house inmates serving sentences longer than one year, typically for felonies.

Probation

• An alternative to jail or prison, probation allows the offender to remain in the community but under the supervision of a probation officer.

Community Service

• This is often mandated in lieu of or in addition to other forms of punishment. Offenders must complete a certain number of service hours in the community.

Restitution

• Courts may require offenders to compensate victims for any loss, damage, or injury. This is common in theft or property damage cases.

Parole

• After serving a portion of their prison sentence, some inmates are released on parole, which involves close monitoring and various restrictions.

License Suspension or Revocation

• Particularly relevant for DWI/DUI and other driving-related offenses, this penalty results in the temporary or permanent loss of driving privileges.

Mandatory Treatment Programs

• For drug or alcohol-related offenses, the court might mandate rehabilitation or treatment programs.

Sex Offender Registration

• Convictions for sexual offenses often require the offender to register as a sex offender, which involves public disclosure and monitoring.

Asset Forfeiture

• In cases of drug trafficking or organized crime, assets believed to be involved in the criminal activity may be seized by the government.

Criminal Record

• A conviction will typically result in a permanent criminal record, which can affect employment, housing, and other aspects of life.

Restraining Orders

• In cases involving harassment, stalking, or domestic violence, the court may issue a restraining order to protect the victim.

Alibi Defense

• In this strategy, the defendant provides evidence to show they were in a different location at the time of the alleged crime, thereby making it impossible for them to have committed the offense.

Self-Defense

• This strategy is often employed in cases involving charges like assault or even homicide. The defendant argues that their actions were in response to an imminent threat to their own safety.

Lack of Intent

• In crimes requiring specific intent, the defense may argue that the defendant did not intend to commit the crime, thus negating an essential element required for conviction.

Insanity Defense

• The defendant argues that they were mentally ill at the time of the crime and thus should not be held criminally responsible. This defense is rarely successful and requires substantial medical evidence.

Mistaken Identity

• The defense argues that witnesses or law enforcement have incorrectly identified the defendant as the perpetrator.

Duress

• In this defense, the defendant claims that they were coerced or threatened into committing the crime and therefore should not be held fully responsible.

Entrapment

• This defense asserts that law enforcement induced the defendant to commit a crime they would not have otherwise committed.

Violation of Constitutional Rights

• The defense may argue that evidence should be excluded if it was obtained in violation of the defendant’s constitutional rights, such as unlawful search and seizure.

Statute of Limitations

• For some crimes, prosecution must occur within a specific time frame. The defense may argue that the time for prosecution has expired.

Necessity

• The defendant argues that they had no choice but to break the law due to an emergency situation, such as committing theft to feed a starving child.

Affirmative Defenses

• These involve admitting to the elements of the crime but presenting extenuating circumstances that should exonerate the defendant or lessen the charge, like “heat of passion” in a manslaughter case.

Impeaching Witness Credibility

• The defense may try to discredit the prosecution’s witnesses by highlighting inconsistencies in their testimony, prior criminal history, or motives for lying.