When to Hire a Sullivan County NY Criminal Defense Attorney

Facing legal trouble? Don’t go it alone. Discover when it’s necessary to hire a Sullivan County NY criminal defense attorney and how to find the right one for your case.

Navigating the complex world of the legal system in Sullivan County, NY can be a daunting experience, especially when you’re facing criminal charges. The stakes are high, and the outcome can have a lasting impact on your life. That’s why it’s crucial to have a knowledgeable and experienced criminal defense attorney by your side. In this article, we’ll explore the signs that you may need a criminal defense attorney, the benefits of hiring one, and how to prepare for your first meeting.

Signs You May Need a Criminal Defense Attorney

There are several situations where you might need the services of a criminal defense attorney. Here are some common examples:

• You’ve been arrested or charged with a crime. If you’ve been accused of a crime, whether it’s a misdemeanor or a felony, it’s essential to have legal representation to protect your rights and build a strong defense.
• You’re under investigation. Even if you haven’t been charged yet, if you’re being investigated for a crime, you should consult with a criminal defense attorney to ensure you don’t inadvertently incriminate yourself.
• You’ve received a subpoena or summons. If you’ve been served with legal documents requiring your appearance in court, it’s a good idea to consult with an attorney to understand your rights and obligations.

When choosing a criminal defense attorney, consider their experience, reputation, and communication style. Ask for recommendations from friends, family, or professional networks, and read online reviews to find the right fit for your needs.

Benefits of Hiring a Criminal Defense Attorney

There are numerous advantages to having a skilled criminal defense attorney on your side. Here are a few examples:

• Knowledge of the legal system. Criminal defense attorneys are well-versed in the intricacies of the legal system, including the rules of evidence, procedural requirements, and sentencing guidelines.
• Strategic planning and negotiation. An experienced attorney can assess the strengths and weaknesses of your case, develop a strategic plan, and negotiate with the prosecution to potentially reduce charges or secure a favorable plea agreement.
• Protection of your rights. A criminal defense attorney will ensure that your rights are protected throughout the legal process, from the initial arrest to the final verdict.

When searching for a criminal defense attorney, look for someone with a proven track record of success in cases similar to yours, as well as a commitment to open and transparent communication.

How to Prepare for a Meeting with a Criminal Defense Attorney

Your first meeting with a criminal defense attorney is an important opportunity to discuss your case and determine if they’re the right fit for you. Here are some tips to help you prepare:

• Gather relevant documents. Bring any paperwork related to your case, such as police reports, court documents, or witness statements.
• Make a list of questions. Prepare a list of questions to ask the attorney, such as their experience with cases like yours, their strategy for your defense, and their fee structure.
• Be honest and forthcoming. Be prepared to share the details of your case honestly and completely, as this will help the attorney assess your situation and provide the best possible advice.

Frequently Asked Criminal Defense Questions

1. How much does it cost to hire a criminal defense attorney in Sullivan County, NY?

The cost of hiring a criminal defense attorney can vary depending on factors such as the complexity of the case, the attorney’s experience, and their fee structure. Some attorneys charge a flat fee, while others bill hourly or work on a contingency basis. It’s important to discuss the fee structure during your initial consultation to ensure you understand the costs involved.

2. Can a criminal defense attorney guarantee a favorable outcome for my case?

No attorney can guarantee a specific outcome for your case, as the legal process is inherently unpredictable. However, an experienced and skilled criminal defense attorney can increase your chances of a favorable outcome by developing a strong defense strategy, negotiating with the prosecution, and advocating for your rights in court.

3. What is the difference between a public defender and a private criminal defense attorney?

A public defender is a government-appointed attorney who provides legal representation to individuals who cannot afford to hire a private attorney. While public defenders are experienced and knowledgeable, they often have a heavy caseload, which can limit the time and resources they can devote to each client. A private criminal defense attorney, on the other hand, is hired directly by the client and typically has more time and resources to dedicate to each case.

4. How long does it take to resolve a criminal case in Sullivan County, NY?

The length of time it takes to resolve a criminal case can vary widely depending on factors such as the complexity of the case, the court’s schedule, and whether the case goes to trial or is resolved through a plea agreement. Some cases can be resolved in a matter of weeks, while others may take months or even years to reach a conclusion.

5. What should I do if I’m arrested or charged with a crime in Sullivan County, NY?

If you are arrested or charged with a crime, it’s important to remain calm and cooperative with law enforcement officers. Exercise your right to remain silent and avoid providing any information that could be used against you. Contact a criminal defense attorney as soon as possible to discuss your case and begin building a defense strategy.

Contact Greenwald Law Firm Today

In conclusion, hiring a Sullivan County NY criminal defense attorney is a crucial step when you’re facing criminal charges or legal trouble. With their expertise, strategic planning, and commitment to protecting your rights, a skilled attorney can make all the difference in the outcome of your case. If you need assistance, don’t hesitate to reach out to a reputable criminal defense attorney in Sullivan County, NY today.

from Greenwald Law Firm https://www.greenwaldfirm.com/criminal-defense/when-to-hire-a-sullivan-county-ny-criminal-defense-attorney/
via Benjamin Greenwald

When Should I Hire a Personal Injury Lawyer?

If you have been injured by an accident, negligence, or other wrongdoing, you should consult a personal injury lawyer.

An attorney for personal injuries can help you get compensation for your injuries.

An attorney can also help you protect your interests against aggressive insurance companies or large corporations that want to deny fair compensation for your damages and injuries.

An attorney is not required for some personal injury cases. It can help to have someone who is experienced in handling injury claims review your case. A personal injury attorney will explain your rights and let you know if you might benefit from hiring one.

There are no two personal injury cases alike. Some situations may indicate that you need to speak with a personal injury attorney.

Six situations that indicate you need to hire a personal injury attorney

If you aren’t sure if you should hire a personal-injury attorney to handle your case, here are six questions to consider:

1. What is the Law on Liability for an Accident?

Victims of accidents must prove that negligence, errors or other wrongdoings caused their injuries. If you can’t prove that another driver caused your pedestrian or car accident, you will not be entitled to compensation. Contact a personal injury lawyer immediately if the other party contests liability.

An attorney will conduct a thorough investigation to determine the circumstances of your injury and who is responsible. Your lawyer collects evidence and creates a legal strategy to prove liability.

2. Is it possible to be held responsible for your injury?

While the insurance company of the other party may accept liability, it might claim that you caused your accident. The insurance company could claim that you were speeding when your motorcycle accident occurred. You are therefore partially responsible for the accident, even though you were speeding at the time.

 New York’s contributory negligence laws allow you to reduce your damages for injury claims by the amount of your conduct that led to the accident.  

This means that if you are found to be 50% at fault for the bicycle accident, your money for your claim will be reduced by one-half.

Insurance companies will often resort to contributory negligence to reduce the amount they have to pay to settle a claim. These unfounded claims can be fought by an attorney.

3. Are there multiple parties involved?

A personal injury lawyer can help you if multiple people are involved in a case. Multiple parties are involved in cases such as medical malpractice, construction accidents, multi-vehicle crashes, and product liability.

Multi-defendant cases require additional expertise. Attorneys are well equipped to handle these issues. Your lawyer will help you to protect yourself as the parties disagree about who caused your injuries.

Having multiple parties involved can result in more money.  

It can also be a longer, more complex, and more difficult fight.

4. Are You Suffering from a Traumatic Injury?

Personal injury cases that involve traumatic injuries or permanent disabilities can present unique problems. You may need ongoing medical attention if you are affected by a defective product. This could result in you being unable to work the rest of your lives.

Future damages will result from your impairment or disability.

Your future damages could amount to millions of dollars depending on your age and disability. To ensure that your claim is as fair and comprehensive as possible, an attorney may retain financial, medical, and economic experts.

 High-dollar settlements are common in cases of traumatized injuries.  

To avoid losing money, insurance companies will aggressively try to reduce the value of these claims. An experienced personal injury lawyer can help you maximize your chances of obtaining the compensation you deserve following an injury.

5. Did the Insurance Company act in bad faith?

The other party’s insurance company isn’t interested in paying you compensation for your injuries or damages. The company will try to avoid paying any compensation for your claim. Some insurance companies are not honest when it comes to dealing with individuals.

The company might try to delay your claim, so that the statute expires and your right to file personal injury lawsuits is lost. An insurance company may also act in bad faith in other ways.

•  Failure to investigate a claim  
•  To process a claim, you will need to fill out unnecessary and cumbersome paperwork  
•  Refusing payment for a valid claim  
•  False allegations of contributory negligence  
•  False representation of terms and conditions  
•  Intentionally misleading victim about victim’s legal rights

An insurance company can act in bad faith in many different ways. They are well-versed in various insurance strategies and know the laws governing personal injury claims.

 When a lawyer represents an accident victim, insurance companies are less likely not to act in bad faith.  

Your lawyer can file a personal injury suit against an insurance company if they refuse to settle your claim. Sometimes, the threat of a lawsuit can be enough to convince the insurance company or other parties to the case to reach an agreement on a fair and reasonable settlement.

6. Is the Claim Against a Government Entity

It is more difficult than the average injury case to sue the government for personal injury. In many cases, the government is protected from liability. There are exceptions.

Call a lawyer immediately if you have been injured in an accident on a subway, bus, or train. The deadline to file a claim against government is much shorter than that for other claims. An experienced lawyer should handle any injury claim involving a government entity.

A Last Thing to Remember When Hiring a Lawyer

To protect itself from liability, the insurance company for the at-fault party has a large team of professionals. These people are not on your side. All the investigators, claims adjusters, and lawyers for the insurance company are against your best interests.

It’s not fair. It is time to level the playing field and hire a legal team to help you fight for fair and just compensation for your personal injuries claim. You deserve someone who will only be concerned about your best interests.

from Greenwald Law Firm https://www.greenwaldfirm.com/personal-injury/when-should-i-hire-a-personal-injury-lawyer/
via Benjamin Greenwald

How are Federal Crimes Classified?

A list and classification of federal offenses

A criminal charge can either be at the state, federal, or both levels. You could be charged with the same offense at the federal and state levels. Although most of the charges you might face are state-level charges, it is important to understand the differences between them and the classifications for federal crimes.

Principal federal offenses

The U.S. lists some of the most serious offenses as follows: The federal crimes that are sentencing by the Sentencing Commission include:

• Drug crimes This federal category covers drug trafficking and distribution, especially across state lines. It includes drug manufacture, drug export, drug distribution near schools, and drug distribution to someone under 21 years of age.
• Violent crime: This federal classification includes first-degree murder and second-degree killing, conspiracy to kill, and committing an felony crime with the death result. This includes involuntary and voluntary manslaughter, minor sexual abuse, and other assault and robbery offenses.
• Property crime: This federal category includes arson and auto theft, as well as burglary and larceny.
• White collar crime: This includes insider trading and fraud, deceit violations of odometer law, embezzlement forgery, extortion money laundering and tax offenses.
• Firearm crime: This federal category includes illegal possession, transportation, and use of firearms or ammo during crimes, using firearms, ammunition, or fire to commit felonies, and possessing guns or explosives at a federal school or facility.
• Pornography: Possession of child pornography is a federal offense.
• Gaming/lottery: This category includes transmitting wagering information, engaging a gambling business, and interstate transport of wagering paraphernalia.
• Kidnapping – This federal crime category also includes ransom taking or the taking hostages.

Federal crime FAQs

Are federal and state sentences and penalties different?

Yes. The penalties for both federal and state crimes may be very different.

Federal Sentencing Guidelines are used by federal judges to determine the punishment or penalty for serious offenses. These guidelines are not meant to be used as a guideline and do not necessarily indicate that every judge will give the same sentence for each offense.

New York state law will govern a state court. Penalties can include fines and imprisonment time. The judge will determine whether the offense is worth the maximum penalty, minimum, or some other penalty. These penalties could be different to those set forth in Federal Sentencing Guidelines.

What is the difference between a federal felony and a federal misdemeanor in federal law?

While some federal offenses are misdemeanors can be treated as such, felonies may be committed for more serious offenses.

Federal felonies can be divided into five types: A, B. C. D. and E. A Class A federal crime is the most serious. It carries a maximum sentence of life imprisonment and a maximum fine up to $250,000. A federal crime of the class of Class E is one to five years in prison, with a maximum fine of $5,000 and a minimum term of less than one year.

On the other hand, federal misdemeanors can be divided into three types: A, C, and B — with A being considered the most serious. A federal misdemeanor of Class A can result in a sentence of up to one year imprisonment, or a maximum of $100,000 fine, for any period of time that is more than six months. If it is more than five days in length, a Class C federal offense involves a sentence of at least 30 days imprisonment and a maximum of $5,000.

What is an Infraction?

Infractions are a lower offense, also known as “petty offenses” and can result in a fine or a suspension of your sentence. An infraction such as a violation or administrative regulation is not considered a crime that can be punished by jail time.

What if I am charged with the same crime under both federal and state laws?

Yes. Yes. This means that you can be tried in both state and federal courts for the same crime, even if it violates federal laws.

Even if you are facing a federal or state charge, an offense can only be tried once in federal court and once at the state level.

Can I go to prison for a white-collar crime?

Yes. If convicted of a federal crime, you could face prison time for a white collar crime. This is a crime that involves money and is often non-violent.

However, not all of the time.

Do I have to hire a defense attorney?

Absolutely. It is important to understand the basic categories of federal crimes and the possible punishments. However, it is also essential to hire the best criminal defense attorney. A skilled, experienced, knowledgeable lawyer is required to handle your case. This lawyer must have a track record of success and professional honors.

Contact the Benjamin Greenwald law firm today if you are in Orange County, New York. We will provide a confidential, no-obligation legal review on your case.

Get in touch with us today. It could be the best thing for your future.

from Greenwald Law Firm https://www.greenwaldfirm.com/criminal-defense/how-are-federal-crimes-classified/
via Benjamin Greenwald

What is the difference between bodily injury and personal injury?

Bodily injury coverage is an optional type of liability insurance that you might be required to have on your auto insurance. If you are responsible for an accident, this coverage will pay damages to a third party.

New York requires drivers to have at least $25,000 in bodily coverage in case of an accident. You can also add death to your bodily injury coverage.

Personal injury is a civil action that involves negligence. Negligence is when another person fails to exercise the same level of care that a reasonably prudent person would under similar circumstances.

A victim of personal injury may be entitled to compensation for their injuries, lost earnings, pain and suffering, as well as other damages from the person responsible. Personal injury lawsuits can award damages beyond the amount of coverage that the defendant has for bodily injuries. After an injury, a personal injury lawyer can explain all of your options in detail.

 Cases that could lead to a personal injury lawsuit  

Personal injury lawsuits can be filed if you are injured by a negligent party.

Some examples of personal injuries include:

•  Car accidents  
•  Accidents involving buses or trucks  
•  Bicycle accidents  
•  Pedestrian accidents  
•  Slip and fall  
•  Premises liability accidents  
•  Dog bites  
•  Construction accidents  
•  Burn injuries  
•  Spinal cord injuries  
•  Product liability  
•  Medical malpractice  
•  More  

Even if the circumstances that led to your injuries are not listed on this list, you might want to contact a personal injury lawyer firm for a free consultation about your case.

 Proving Negligence In A Personal Injury Case  

The first step in any personal injury case is to identify the person responsible for your injuries. Next, you need to build a case that proves their negligence in your injury.

To recover damages for injuries or losses and other expenses, you might need to show the following:

•  You or your loved ones owed the defendant a duty to care.  
•  The defendant was negligent, either through their actions or failure to act in a manner that would have protected you from harm.  
•  Your injuries were caused by the negligence of the defendant.  
•  The defendant’s negligence caused you or your family to suffer damages.  

A personal injury lawyer will represent you if they collect evidence that can prove the defendant’s negligence.

 Personal Injury Lawsuit  

The amount of compensation that is available in a personal injuries lawsuit will depend on the facts of each case. However, these damages could be available to personal injury victims in the following categories:

•  Medical bills  
•  Future medical care costs estimated   
•  Loss of wages or a reduced ability to earn an income  
•  Property damage   
•  The two most painful things in life are suffering and pain   
•  Loss of enjoyment in life   
•  More  

You may be eligible for compensation in a wrongful-death lawsuit if you have lost a loved one due to injuries caused by negligence. The surviving family might be entitled to a different set damages in wrongful death lawsuits.

 The Statute of Limitation in Personal Injury Cases  

Do not delay in taking legal action for your injuries. Personal injury lawsuits in New York are subject to a statute-of-limits. New York’s general statute of limitations in personal injury cases is three years. Some circumstances, however, could reduce this time limit, such as lawsuits against municipalities.

You may lose your chance of obtaining compensation in a lawsuit if you miss the deadline.

Call Benjamin Greenwald to get a free review of your case

You may be eligible for compensation if you have suffered severe injuries or illness as a result of the negligence of another person. This includes lost wages, medical expenses, pain and suffering, and other damages.

You don’t have to confront the person responsible for your injuries by yourself. Benjamin Greenwald. Represents the victims of Orange County personal injury cases, NY.

Our team will represent your case on a contingency fee basis, meaning that you don’t have to pay anything upfront. We can manage your case and fight to get you compensation, while you focus on your recovery.

Benjamin Greenwald is available to help you if you have suffered an injury and are uncertain about your civil rights. For a no-obligation, free case review

 New York Statutes and Personal Injury Claims  

Car accidents and other injuries resulting from accidents are stressful and unknown events. It is normal to be unfamiliar with the process of injury lawsuits and insurance claims if you have never been injured suddenly.

New York has its own laws that govern who can sue and when.

These are the main New York laws that could impact your personal injury case.

•  Statute of limitations – Time limit for filing lawsuits  
•  For government agencies or public officials, you can file claims   
•  Car accidents: Shared fault or pure comparative negligence   
•  To file a personal injury case, injuries must be deemed serious.  

Benjamin Greenwald is a law firm that understands how New York statutes affect personal injury claims. We can review your case, explain the relevant New York law and determine whether you have a case to recover medical expenses, lost earnings, or pain and suffering. To learn more, contact our Manhattan personal injury law firm to arrange a free consultation.

How our Personal Injury Lawyers can help after an accident

Victims and their families often have questions after a serious injury accident. The following are some of the most common questions during a case evaluation:

•  What is the value of my personal injury case?   
•  What is the maximum time I can file a personal injury claim?  
•  What is the average time it takes to receive a personal injury settlement  
•  How can I pay my medical bills until I receive my settlement?   
•  What happens if I am partially responsible for an accident in my car?   
•  What happens if my personal injury case is not settled?  

Our New York City personal injury attorneys can help you determine which statutes will be applicable in a personal-injury claim. Our personal injury lawyers have years of experience in handling personal injuries claims similar to yours.

We are familiar with New York’s laws and some unique laws, such as the New York State Serious Injuries Threshold law and Estate Powers and Trust Law. EPTL is New York’s wrongful-death statute. We will help you navigate the law and fight for the money you need.

Benjamin Greenwald. Can Help You Understand how New York Statutes Impact Personal Injuries Claims

While many personal injury statutes limit the time you can file a claim for compensation, it is important that you contact a lawyer as soon as possible. After your immediate medical needs are addressed, you should contact a lawyer immediately.

An experienced New York personal injury lawyer will instantly level the playing field and provide you with knowledge and resources. An insurance adjuster will profit from a vulnerable and desperate policyholder who is trusting and traumatized. Talk to a lawyer before you accept an offer from insurance companies.

Benjamin Greenwald. offers a free case evaluation. We will answer all your questions, review your case, and discuss your legal rights.

Contact us immediately if you or a loved one has been injured in an accident. We are available to take your calls today.

from Greenwald Law Firm https://www.greenwaldfirm.com/personal-injury/what-is-the-difference-between-bodily-injury-and-personal-injury/
via Benjamin Greenwald

What is considered a personal injury?

Personal injury is a legal claim that arises from an injury or its associated expenses. Personal injury claims can include:

• Injuries to the body.
• There is pain and suffering.
• Emotional trauma.
• Disabilities in the body.

Personal injuries can be caused by negligence, recklessness or carelessness of another person and may result in financial compensation.

In a personal injury claim, Can you recover expenses

A personal injury case could be filed if you or someone you care about suffered injuries due to someone else’s negligence. An experienced personal injury lawyer will help you determine the injuries-related expenses that can be recouped by a claim for compensation. This will ensure that you don’t leave out any accident-related expenses in your claim.

You could be eligible to recover the following costs through a personal injury lawsuit or insurance claim:

• You may be responsible for medical expenses.
• Loss of income due to injuries that prevent you from returning work
• You can get compensation for your emotional and physical pain.
• Compensation for permanent or temporary disfiguring injuries or disfigurement

Find out if you are eligible to file a personal injury claim

You may not be able to claim compensation for every injury or accident you have suffered. You may not be eligible for damages if you could have prevented your injury by exercising reasonable care despite any negligence

Personal injury claims are most often due to negligence of another party. If you have suffered injuries from a car accident or any other cause, you may be able to file a personal injury case.

• Dog attack or bite.
• A defective product.
• Slip and fall accident.

A member of a personal injuries team can help you discuss the causes of your injuries as well as the actions of the at fault party. An attorney might be able help you prove your case and ensure that you get full compensation for all your losses and financial expenses.

A serious and costly accident can result in injury.

You or someone you care about could be subject to significant medical and other costs if you sustain physical injuries from someone else’s negligence. According to statistics from the Centers for Disease Control and Prevention (CDC), accidental injuries account for 39.5 million injuries each year.

Unintentional injury can cause permanent impairment to your ability to function. This can lead to:

• This will prevent you from returning to work immediately.
• Your self-esteem and physical appearance can be negatively affected.
• This can limit your ability to participate in the social activities that you once enjoyed.
• This can limit your ability to handle everyday tasks independently.

These limitations can be a serious financial burden. These limitations can force you to hire someone to take care of your health, perform household chores, or rely on paid transportation if you are unable to do so yourself.

These are costs that the at-fault party must cover. An attorney can help you to minimize the financial burden of injuries and other expenses resulting from accidents you didn’t cause.

A Personal Injury Lawyer Near You: The Benefits

A lawyer can help you file a claim for compensation if you have been injured by the negligence of another party. A lawyer can help you with the following:

• Demonstrating the legal requirements of your claim.
• Financial liability is assigned to the party at fault.
• Respecting the state’s timeline.
• Assessment of the monetary value to your injury claim
• Negotiating a financial settlement.
• Respecting the local statutes of limitations.

An experienced personal injury lawyer can help you build a successful and comprehensive claim. A lawyer can assist you in ensuring that your claim is properly valued and paid.

You can recover the costs of a personal injury

Personal injuries can cause serious injuries that result in financial losses and increased expenses. These expenses can include lost income, emergency care, pain and suffering and should be recoverable from the at-fault party.

Benjamin Greenwald can help you seek financial compensation for any physical injury that may have been caused. We believe you are entitled to compensation and will do everything in our power to get it for you.

from Greenwald Law Firm https://www.greenwaldfirm.com/personal-injury/what-is-considered-a-personal-injury/
via Benjamin Greenwald

Do I Need a Criminal Defense Lawyers for a Misdemeanor Charge?

You should treat all criminal charges seriously. Although misdemeanors are less serious than felony offenses, you still could face jail time, fines and a permanent criminal record, if you’re convicted. A conviction for some misdemeanors in New York can result in severe penalties.

It can be helpful to have some knowledge about the common misdemeanors in Orange County if you are arrested on a misdemeanor case. This knowledge may not be enough to help you defend yourself in court before the judge.

 What crimes are considered misdemeanors by Orange County, NY?  

New York has many misdemeanor offenses. These include drunk driving, theft, disorderly conduct, and drug crimes.

These are examples of misdemeanor offenses:

•  Harassment  
•  Batteries  
•  Disorderly behavior  
•  Possession of marijuana  
•  Criminal mischief  
•  Public intoxication  
•  Theft  
•  Prostitution  
•  Check fraud  
•  Driving a vehicle after being under the influence  
•  You can carry a handgun with no license  
•  Illegal possession by minors of alcohol  
•  Trespassing

These are just a few examples of misdemeanors that could be charged. It is important that you remember that misdemeanors may be upgraded to felony depending on the facts of each case.

  What Punishments are Available for Misdemeanor Convictions  

A misdemeanor is punishable with a maximum of one year imprisonment. Indiana categorizes misdemeanors in three classes: Class A, Class B or Class C. There are three possible punishments for misdemeanors:

•  Class A Misdemeanors: Up to 1 year in prison and up to $5,000 fine  
•  Class B Misdemeanors: Up to 180 days in prison and up to $1,000 fine  
•  Class C Misdemeanors: Up to 60 days in Jail and up to $500 Fine  

Some misdemeanors may be upgraded to felony charges, as mentioned above. For felony convictions, the penalties are more severe. You can lose some civil rights if you are convicted for a felony in addition to jail and fines.

A misdemeanor conviction can have additional consequences, including:

•  It is difficult to find a job.  
•  Persisting in a criminal offense  
•  Vehicle insurance premiums have risen  
•  Driving privileges may be lost or restricted  
•  Earning potential reduced  
•  Access to scholarships, grants, loans or loans for college is limited or impossible.  
•  Loss of commercial truck driver’s license  
•  Deportation  
•  It is difficult to resolve a case regarding child custody  
•  Revocation of Second Amendment rights  

The nature of the misdemeanor charges will determine the potential for adverse or negative consequences. Do you really want to risk being convicted?

from Greenwald Law Firm https://www.greenwaldfirm.com/criminal-defense/do-i-need-a-criminal-defense-lawyers-for-a-misdemeanor-charge/
via Benjamin Greenwald

New York’s “One Punch” Rule

Criminal law usually requires that you only intended to do the crime, and not that you are aiming for a specific result. A defendant who intentionally shoots another person with a gun and causes them to die can be charged with murder even though they intended to only scare or minorly harm them. However, certain aggravated crimes require that the defendant intended the outcome. These are called “specific intent” crimes. For example, a murder conviction requires that the defendant intended for the victim’s death.

Complex questions can arise about mental culpability in cases that fall between the two. What happens if the defendant punches someone once and causes them to fall on their heads, then die? Is it possible for a defendant to be charged with more serious charges of assault or manslaughter if an unanticipated result occurs? Continue reading to find out more about the so-called “one-punch” homicides committed in New York, and how the law handles such cases. For advice and representation, contact a New York homicide defense attorney.

Misdemeanor Assault vs. Felony Assault

If they cause injury to another person, a defendant can be charged in the third degree with assault. A misdemeanor of third degree assault, it can be punished by up to one year in prison.

The second degree of assault can be brought against a defendant who caused “serious bodily injury” to the victim. A second-degree assault can be a more serious offense and could result in up to seven years imprisonment.

Two important factors determine the difference: (1) whether the victim sustained a serious injury and (2) whether the defendant intended cause serious physical injuries. A defendant can only be charged under New York law with a felony when they intend to seriously injure the victim or if they use a deadly weapon such as a gun.

If the prosecution can prove that the victim sustained a serious injury but not that defendant intended to inflict such injury, courts are reluctant to allow them to bring more serious charges. The “one punch” defense is what many refer to as: When a defendant is involved in an altercation, throws one or more punches with the intent to cause minor injury. However, the defendant sustains much greater injury. The defendant may slip and hit their head on the pavement, causing them to fall into a coma. As it stands now, New York law states that aggravated assault should be avoided if the prosecution can prove that the defendant intended to cause more severe harm than minor.

Manslaughter vs. Assault

Homicide is a case where intent is more important than ever. Criminally negligent homicide is a class E felony that can be brought against a defendant for causing the death of another person through criminal negligence. The defendant can also be charged with criminal recklessness if they acted in a manner that is second-degree manslaughter. This is a class C felony. The defendant can be charged with manslaughter of the first degree if they intended to inflict serious bodily injury on the victim and then “accidentally” cause their death. This is a class B felony that can lead to up to 25 years imprisonment.

What is the definition of intent for throwing one punch? According to New York law, a single punch can not be used as a basis for homicide charges. The “one punch” rule can limit misdemeanor assault charges if there was no intent to harm or minimal harm. When the victim was involved in the fight, the one punch rule may be invoked. This is similar to a barroom brawl. Even though criminal negligence is not possible, negligence presumes that the defendant knew or should have known about a danger of death. A reasonable person would not think that throwing one punch poses a danger of death.

Although there have been numerous legislative attempts to eliminate the “one-punch loophole”, none of these efforts have succeeded. A defendant who throws one punch that causes death or serious injury can only be charged with misdemeanor assault under current law. More serious charges could be brought against a prosecution if they can prove intent to cause serious injury or death.

Get the best legal help for your New York Homicide and Assault Charges

Benjamin Greenwald is a criminal defense lawyer who can help you if you are arrested for assault, murder, homicide or any other serious offenses in New York. We represent clients in Orange County and the Hudson Valley for all types of criminal offenses.

from Greenwald Law Firm https://www.greenwaldfirm.com/criminal-defense/new-yorks-one-punch-rule/
via Benjamin Greenwald