Author Archives: Site Administrator
What is Cruel and Unusual Punishment?
The Eighth Amendment to the United States Constitution prohibits the government from inflicting “cruel and unusual punishment” on criminal defendants. State constitutions likewise prohibit the use of cruel and unusual punishment. But what does that actually mean under the law? What sorts of punishments are allowed, and which are prohibited? Does it depend entirely… Read More »
Assault vs. Battery: What’s the Difference?
People have generally heard the phrase “assault and battery” either on the news or in television and movies. The terms “assault” and “battery” actually have different, specific legal meanings. The legal definitions of assault and battery differ in both the civil and criminal contexts, and they differ by state as well. For defendants arrested… Read More »
How a Defensive Driving Course Can Improve Your Driving Record
If you have been convicted of traffic violations or crimes such as speeding, texting while driving, or reckless driving in New York, you have accrued “driver violation points” on your driving record. Having points on your record can affect your insurance premiums, lead to additional fines, and result in license suspension or revocation. If… Read More »
Difference Between Robbery and Burglary?
Many people use “robbery” and “burglary” interchangeably, believing that both terms more or less mean stealing. Robbery and burglary are, however, separate crimes with very specific definitions under New York law. The strongest defenses differ depending on the specific crime charged. Also, each crime carries different penalties; conviction for one can mean significantly more… Read More »
Leaving the Scene of an Accident in NY
In the State of New York, drivers involved in an accident are typically not permitted to leave the scene without stopping and exchanging relevant information. Drivers may also be required to report the accident to the authorities, depending on the situation. Fleeing the scene of an accident (engaging in a “hit and run”) can… Read More »
How to Clear a Bench Warrant
A bench warrant is a type of arrest warrant that a New York court may issue in a criminal case or another formal proceeding. A bench warrant authorizes police to detain and arrest the warrant’s target. Bench warrants are commonly issued after a defendant fails to appear in court as part of a criminal… Read More »
What Crimes Can Be Expunged or Sealed in New York?
Criminal convictions carry long-term consequences that can make a person’s life difficult for years after they have served their time and paid their fines. A criminal conviction can affect where you are permitted to live, where you can work, where you can go to school, whether you can obtain a professional license, and whether… Read More »
How Long Does a Felony Stay on Your Record?
A felony conviction can significantly upend your life. In addition to heavy fines and prison time, you could face consequences to your immigration status, your credit score, your ability to obtain housing or go to school, your eligibility for jobs, and social stigma as well. A felony conviction, thankfully, need not stay on your… Read More »
Top Defenses When Fighting a DWI/DWAI Case in New York
Every year, more than 40,000 people are arrested for driving while intoxicated (DWI) in New York. DWI, often called a DUI (driving under the influence) in other states, is a serious charge regardless of how common it may be. A DWI conviction can lead to heavy fines, loss of driving privileges, and even jail… Read More »
What to Do When Facing Your First Felony or Criminal Charge?
Being arrested or charged with a crime is a jarring, often terrifying experience. Suspects are right to be concerned about the potential consequences to their livelihood, their reputation, their employment, their housing, and even their freedom. Whether you were charged with or arrested for a felony or a misdemeanor, it is important to know… Read More »