Unlawful Possession of a Firearm Middletown NY

Specifically, Criminal Possession of a Weapon in the Second Degree is the most common guns accusation in New York and New York City. If a person is reportedly found by police with a firearm without a license, including rifles and shotguns, the exact New York firearms charge will rely on several criteria.

Among these variables include the location, whether outside a residence or place of business, in a vehicle, and whether the weapon was allegedly used in the conduct of another crime. Many firearms crimes in New York carry a minimum mandatory prison sentence.

New York City Illegal Searches and Gun Charges

Police allegedly recover firearms frequently as a result of an unlawful search and seizure. Under the United States and New York state constitutions, a person cannot be searched solely because a police officer desires to conduct a search.

Before patting down a person for weapons or conducting a thorough search, the police must establish a certain level of suspicion based on the claimed circumstances. The law governing the search and seizure of weapons such as rifles is extremely fact specific.

Firearms New York Automobile and Home Assumptions

A legal presumption exists in New York for firearms and weapons in general discovered in a vehicle. In accordance with Penal Law section 265.15(3), Presumptions of possession, unlawful purpose, and defacement, if a firearm is discovered in a car, it is presumed that all occupants own the weapon.

There are three exceptions to the weapon presumption in a vehicle.

First, if the weapon is “discovered on the person of one of the passengers.”

Second, the presumption does not apply to on-duty drivers for hire, such as those for taxis, Uber, and Lyft.

Third, if one occupant of the vehicle possesses a valid firearm license.

Defeating the automobile firearm presumption is not rare. The presumption indicates that a judge or jury may, but is not compelled to, conclude that a charged individual possessed a firearm discovered in a vehicle.

The decision to draw this conclusion is solely dependent on the data. The two most important factors in determining whether the automobile firearm presumption applies are whether the gun was discovered in an open or closed space (such as a glove compartment or center console) and the distance between the individual charged with firearms possession and the location of the gun.

Possession of a Firearm and New York Protective Orders

Typically, when a person is charged with certain crimes in New York, such as Assault or Domestic Violence, a court will issue a Protection Order. In most circumstances, the Order of Protection is comprehensive rather than limited. A prerequisite of an Order of Protection is the surrender of all firearms by a specified day and time, typically to the local police precinct, police station, or police barracks. Failure to relinquish a firearm as mandated by an Order of Protection may result in Criminal Contempt proceedings.

Airport Firearm Charges in Queens and New York

The patchwork of gun laws around the nation may be perplexing. As previously stated, weapons laws vary by state. When non-New York people who legally own and possess a firearm in their home state arrive in New York with their firearm, they are commonly charged with a firearms offense. There are often two categories of such instances. First, out-of-state travelers who arrive at John F. Kenney Airport and LaGuardia Airport, New York’s two most popular airports. Second, residents of other states who drive into the state of New York while carrying a handgun.

Two firearms charges may apply in such a scenario. First, Criminal Possession of a Firearm, Section 265.01-b of the Penal Law, which states: “A person is guilty of criminal possession of a firearm if he or she possesses any firearm or.” Second, Criminal Possession of a Weapon in the Second Degree, Penal Law Section 265.03(3): Both statutes need possession, but it must be knowing possession.

Section 15.05(s) of the Penal Law defines knowingly as the consciousness of a particular act. Therefore, it is a defense if a non-New York resident who legally has a firearm in his or her home state entered New York unaware that he or she held a firearm.

There are numerous reasons why a person might forget that he or she has a firearm if the gun restrictions in their home state are not nearly as rigorous as those in New York. A judge or a jury must determine whether a person knowingly possesses a handgun. The trial instruction about the definition of knowingly is as follows: “The question inevitably arises as to how to assess whether a person possessed the knowledge, or awareness, necessary for the commission of a crime. To make this conclusion, you must determine whether the required knowledge can be deduced beyond a reasonable doubt from the established evidence. This includes, but is not limited to, what, if anything, the person did or said.

The Law Office of Benjamin Greenwald is a criminal defense law firm that serves the Orange County, NY area. The firm represents clients who have been charged with unlawful possession of a firearm. Attorney Greenwald has extensive experience handling these types of cases and has a strong track record of achieving positive outcomes for his clients. He thoroughly investigates each case and works tirelessly to build the strongest defense possible. If you have been charged with unlawful possession of a firearm in Orange County, NY, contact the Law Office of Benjamin Greenwald to discuss your case.

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Illegal Transportation of Firearms Middletown NY

In addition to its stringent gun laws, New York has several restrictions governing the manufacture, transportation, and disposal of firearms and firearms accessories such as bump stocks, large capacity ammunition feeding devices, and firearm silencers.

Under Penal Law Section 265.10, it is unlawful to:

• Produce or cause the production of a bump stock or rapid-fire modification device.

• Transport or ship a bump stock or rapid-fire modification device; or

• Dispose of a bump stock or rapid-fire modification device.

New York Transportation of Firearms

Numerous individuals legitimately utilize their Second Amendment rights in their various states and enjoy the right to own and carry a firearm. These individuals may own firearms for sport, protection, tradition, or another purpose. Regardless of the cause, it is imperative that anybody who owns a handgun and expects to travel to or through New York understand the state’s gun regulations and how to transfer a firearm legally into or through the state.

The transportation of weapons is governed by several rules and restrictions everywhere, and New York is no different. As soon as possible, a person must contact an experienced gun attorney to fully comprehend these numerous, intricate restrictions.

Constitutionality of Transport

Even after attempting to educate themselves on traveling with their firearm in or through New York, many gun owners believe that because they have a license or permit in their home state, took the classes for certification, and underwent background checks on all their gun purchasing and licensing, that their right to own and possess their guns extends to the state, or that they can at least travel through New York to another state or states with their guns.

If a person is stopped by law police and a firearm that is illegal to possess in this state is discovered in their hands, they may face substantial accusations and penalties, including state jail time and a criminal record. Before transporting a firearm in or through New York, or after being arrested and charged with possession of a firearm, a person must consult with an experienced attorney to avoid these repercussions, or at the very least after being arrested and charged with possession of a firearm.

Gravity of a Gun Offense

Possession of a firearm in New York without a permit is more than a minor infringement, even if the individual is fully honest, has a valid cause for possessing the firearm while traveling through the state, and has no knowledge or intent to violate any laws. It is a serious accusation, and many prosecutors will argue that there is no justifiable reason to avoid a conviction. This means that a person who legally purchased their handgun in another state and possesses all the required licenses and education regarding gun ownership is now likely to be charged with a felony and/or face imprisonment for the transportation and/or possession of their firearm. To mitigate the consequences associated with the offense, it is vital that the offender consult a skilled attorney immediately.

Travelling Illegally

In the state of New York, one cannot possess a firearm without the proper permits and licenses, whether for open or concealed carry. Without the required license, the individual violates the law. In some states, even for handguns, there are no licensing requirements, but that is not the case in this state. Moreover, even if the gun is not loaded, and even if that was a deliberate and conscientious precaution taken by the gun owner, if the ammunition is accessible and readily available to load into the firearm, the law will presume that the weapon was loaded, which can result in even harsher charges and punishment. At that time, the individual’s transportation and possession are far more serious. Absent an exception in federal law, illegally transporting and possessing weapons is always a crime.

Transportation Inside the State

In New York, no one may possess a handgun without a license. A person must obtain a permission and a license for each jurisdiction in which they intend to carry a firearm, which is typically split down by county. Add to that the fact that, as one might imagine, New York City has its own unique and additional limitations on the possession and transit of guns.

If you have been charged with the illegal transportation of firearms in Orange County NY, you need an experienced criminal defense attorney on your side. The Law Office of Benjamin Greenwald has successfully represented clients facing similar charges, and we can put our experience to work for you. Attorney Greenwald will thoroughly review the facts of your case and develop a strong defense strategy that is designed to get the best possible outcome. We understand the seriousness of these charges, and we will do everything we can to protect your rights and freedom. Contact our office today to schedule a consultation.

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Illegal Manufacture of Firearms Orange County NY

In addition to the possession, use, and sale of firearms, New York also has a number of firearm-related crimes pertaining to firearm components. The most notable of New York’s weapons charges for Bump Stock-related parts. New York’s ban on bump stocks took effect around the end of 2019.

Possession, manufacture, disposal, and transfer of large-capacity ammunition feeding systems and firearm silencers are likewise prohibited under New York’s gun laws.

New York’s 2019 Bump Stock ban included definitions for rapid-fire modification device, bump stock, trigger crank, binary trigger system, and burst trigger system to the Penal Law. The terms listed below are defined as

• “Rapid-fire modification device” refers to any bump stock, trigger crank, binary trigger system, burst trigger system, or other device intended to increase the rate of fire of a semiautomatic firearm, rifle, or shotgun.

• “Trigger crank” refers to any device or instrument that repeatedly activates the trigger of a semi-automatic firearm, rifle, or shotgun by turning a lever or other part in a circular motion.

• “Burst trigger system” refers to any device that, when installed in or attached to a semi-automatic firearm, rifle, or shotgun, modifies the trigger reset to allow the weapon to fire two or more bullets with a single pull of the trigger.

In addition to the 2019 prohibition on bump stocks, New York enacted a series of stringent gun restrictions that redefined a high-capacity ammunition feeding device. The maximum magazine capacity was reduced in 2013 by New York’s Secure Ammunition and Firearms Enforcement Act (SAFE Act).

Prior to the passage of the SAFE Act, the legal capacity of a magazine was ten rounds. The SAFE Act lowered the maximum number of bullets allowed in a feeding device to seven. A federal judge rejected the lower limit roughly one year after the SAFE Act was implemented, therefore the legal capacity of a magazine feeding device in New York remains 10 rounds.

Crimes in New York Related to Criminal Possession of Firearm Parts

• Unlawful Possession of a Large Capacity Ammunition Feeding Device • Unlawful Possession of Specific Ammunition

Feeding Devices

Possession of a Bump Stock or Rapid-Fire Modification is a Felony

New York’s restriction on bump stocks is codified in Penal Law section 265.01-c, Criminal Possession of a Rapid-Fire Modification. In 2019, the law was passed. A bump stock is a device that increases the firing rate of semiautomatic firearms. As a response of the 2017 mass shooting in Las Vegas, New York enacted a ban on bump stocks. The offense is a misdemeanor of class A.

When a person knowingly possesses any rapid-fire modification device, he or she is charged with Criminal Possession of a Rapid-Fire Modification.

Possession of a Rapid-Fire Modification Is Illegal Criminal Possession of a Rapid-Fire Modification is a misdemeanor of the first degree. The maximum sentence is one year in prison. As with other misdemeanor weapons or guns charges in New York, an effective and knowledgeable criminal defense can obtain a non-criminal outcome or dismissal in a Criminal Possession of a Rapid-Fire Modification case.

Regarding bump stocks, the range of results relies on the given case’s additional charges. The two most significant elements in deciding the likely outcome of a Criminal Possession of a Rapid-Fire Modification case are the presence of additional charges involving weapons and the defendant’s criminal background.

Allegations involving bump stocks necessitate a competent and experienced gun defense attorney.

The Law Office of Benjamin Greenwald is a criminal defense attorney in New York that specializes in the illegal manufacture of firearms. Based in Orange County, the firm has represented clients accused of manufacturing firearms in violation of state and federal law. The attorneys at the Law Office of Benjamin Greenwald have experience in both trial and appellate courts and are committed to providing their clients with the best possible defense. If you or someone you know has been accused of illegally manufacturing firearms, contact the Law Office of Benjamin Greenwald today for a free consultation.

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Criminal Sale of a Firearm Orange County NY

Two permits are required to act as a gun dealer or sell firearms in New York. In New York, the sale, transfer, or disposal of weapons is a serious felony.

A license from the federal government, given by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or ATF, is required first. A Federal Weapons License is required if an individual “devotes time, attention, and work to dealing in firearms as a regular course of trade or business with the primary purpose of livelihood and profit via the repetitious acquisition and sales of firearms”

The government license regulations do not apply to private vendors, though. Private sellers are individuals “who make occasional sales, exchanges, or purchases of weapons for the enhancement of a personal collection or as a pastime, or who sells all or part of his personal firearm collection.”

New York additionally mandates a license for individuals who “operate in the business of purchasing, selling, maintaining for sale, loaning, leasing, or otherwise disposing of any assault weapon, large capacity ammunition feeding device, handgun, or revolver.”

However, New York does not need state licensing for the sale of legal long firearms, such as rifles and shotguns. In New York, applications are submitted in either New York City or the business’s county of residence. The application procedure is comparable to the background check undertaken for a firearms license.

New York’s firearms dealers are heavily controlled. Some of the laws include:

• Requiring locking devices with the sale of a firearm;

• Requiring records for the sale of firearms and ammunition to be kept for examination;

• Prohibiting the sale of ammunition to anyone under the age of 16 or who are prohibited from possessing a firearm;

New York Criminal Sale of a Firearm: Degrees and Related Charges

Criminal Sale of a Firearm in the Third Degree is charged when a person who is not allowed to possess a firearm:

• Sells, trades, gives, or otherwise disposes of a firearm or large capacity ammunition feeding mechanism to another person; or

• Possesses a firearm with the intent to sell it.

The firearm must be functional or capable of discharging ammo in order to be charged with possession of a firearm. Criminal Sale of a Firearm in the Third Degree is sometimes charged in conjunction with another offense, such as Criminal Possession of a Firearm in the Second or Third Degree, due to the fact that the felony includes the element “not permitted by law to possess a firearm.”

Criminal Sale of a Firearm in the Second Degree in the City of New York

Criminal Sale of a Firearm in the Second Degree, as defined by Penal Law 265.11, is a violent felony of the class C variety. Under Criminal Sale of a Firearm in the Second Degree, a person will be charged if he or she: • Unlawfully sells, exchanges, gives, or disposes of five or more firearms to another; or • Unlawfully sells, exchanges, gives, or disposes of five or more firearms to another person or persons within a one-year period.

Sentence for First-Degree Criminal Sale of a Firearm

First-Degree Criminal Sale of a Firearm is a class B violent felony that carries a mandatory minimum of 5 years and a maximum of 25 years in prison. A duration of between 2 12 and 5 years of post-release monitoring is also necessary.

Possession or sale of a firearm may result in a required minimum jail sentence, necessitating the services of a skilled and aggressive counsel.

Criminal Acquisition or Disposal of a Firearm in New York

Criminal Purchase or Disposal of a Weapon, Penal Law Section 265.17, is charged when a person purchases or disposes of a firearm knowing that he or she or another person is forbidden from holding a firearm.

Class D non-violent felony Criminal Purchase or Disposal of a Weapon is charged in three situations:

• Knowing that he or she is prohibited by law from possessing a firearm, rifle, or shotgun due to a prior conviction or some other disability that would render him or her ineligible to lawfully possess a firearm, rifle, or shotgun in this state, such person purchases a firearm, rifle, or shotgun from another person;

• Knowing that it would be unlawful for another person to possess a firearm, rifle, or shotgun, he or she purchases a firearm, rifle, or shotgun from

All three types of Criminal Purchase or Disposition of a Weapon involve the qualifier “knowing.”

In order to be convicted of Criminal Purchase or Disposal of a Weapon in New York, an individual must be aware that he, she, or another individual is forbidden by law from possessing a firearm, rifle, or shotgun. The fact that an individual was unaware of the restriction is a valid defense. However, the issue of knowledge is one of fact.

New York Criminal Sale of a Firearm with the Assistance of a Minor

In New York City, Penal Law Section 265.16, Criminal Sale of a Firearm with the Assistance of a Minor, is classified as a class C non-violent felony.

A person is charged with Criminal Sale of a Firearm with the Aid of a Minor if he is not authorized by law to possess a firearm and unlawfully sells, exchanges, gives, or otherwise disposes of a firearm to another person who is or appears to be less than 19 years old and who is also not licensed by law to possess a firearm.

Benjamin Greenwald is an experienced criminal defense attorney who is dedicated to protecting the rights of his clients. Attorney Greenwald has represented clients in a wide variety of cases, including Criminal Sale of a Firearm Orange County NY. He has a proven track record of success in the courtroom, and he is committed to providing each of his clients with the individualized attention they deserve. Contact the Law Office of Benjamin Greenwald today to schedule a free consultation.

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Criminal Firearm Use Attorney Orange County NY

Criminal Use of a Firearm is one of the various sorts of firearm-related crimes in New York. Criminal Use of a Firearm

is frequently charged in conjunction with two other violent felonies: Criminal Possession of a Firearm and another New York offense classified as a class B or class C violent felony. An effort to commit a class A felony, which is reduced to a class B felony, and an attempt to commit a class B felony, which is reduced to a class C felony, are also included in the violent felony categories.

There are over 20 offenses classified as class C violent felonies, including:

Sexual Abusive Conduct in the Second Degree

Second-degree Burglary and Second-degree Criminal Possession of a Weapon

Theft of the Second Degree

The First Degree of Strangulation

Approximately twenty crimes are classified as class B violent felonies, including:

First-Degree Assault

First-Degree Burglary

First-Degree Criminal Possession of a Dangerous Weapon

First-Degree Homicide in the First Degree

First-Degree Violation and First-Degree Theft

Criminal Use of a Firearm in the First Degree in the First Degree is a violent felony of class B. A conviction carries a minimum mandatory jail term of five years and a maximum prison term of twenty-five years if the defendant has no prior felony convictions.

In addition, if a person is guilty of displaying a loaded and operable firearm, the judge must impose an extra 5-year term to run concurrently with the sentence for the underlying class B violent crime on which the Criminal Use of a Firearm in the First Degree conviction is founded.

A judge is not required to impose the additional 5-year consecutive sentence if it is determined that the additional jail term would be disproportionately harsh and compatible with public safety given the nature and circumstances of the firearms crime and the history and character of the charged individual. In addition, it is a period of extra post-release supervision lasting between 2.5 and 5 years.

Prohibited Weapons Use

Any person who willfully discharges a loaded firearm or any other gun whose propelling force is gunpowder at an aircraft while such aircraft is in motion in the air or in motion or stationery on the ground, or at any railway or street railroad train or at a locomotive, car, bus, or vehicle standing or moving upon such railway, railroad, or public highway is charged with Prohibited Use of Weapons, a class E felony.

As a class D felony, Prohibited Use of Weapons is charged when the aforementioned is asserted and any person’s safety is endangered.

Notably, the regulation only applies to stationary or moving aircraft, trains, vehicles, and buses. The Prohibited Use of Weapons also prohibits discharging a loaded firearm at any airplane, rail, vehicle, or bus. In other words, a person cannot be charged with Prohibited Use of Weapons if the firearm is discharged near any form of transportation; it must be discharged at one of them.

When charged with Prohibited Use of Weapons, additional charges include Criminal Possession of a Weapon in the Second Degree, Homicide, or an attempt to commit Homicide, Assault in the First or Second Degree, or an attempt, or Reckless Endangerment.

In New York, Prohibited Use of Weapons is rarely charged because the underlying state felonies and federal crimes carry harsher penalties.

Prohibited Weapons Use Penalties

Depending on the allegations, Prohibited Use of Weapons in New York is either a class D violent or class E felony. Both are non-violent felonies for which there is no required minimum prison sentence.

Other possible punishments for Prohibited Use of Weapons include a three-year conditional discharge if it is determined that probation supervision is unnecessary, and the circumstances permit release. In addition, a judge may sentence a defendant to 3, 4, or 5 years of probation or a split sentence of up to six months in jail and five years of probation.

The Law Office of Benjamin Greenwald is a Criminal Firearm Use Attorney Orange County NY that specializes in defending those accused of using firearms illegally. If you have been charged with a crime related to the use of a firearm, it is important to consult with an experienced attorney who can help you navigate the legal process and protect your rights. Attorney Benjamin Greenwald has extensive experience handling these types of cases and will work tirelessly to defend you. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.

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Unlawful Gaming Property Possession Attorney Orange County NY

New York has enacted several measures to safeguard the integrity of games of chance played in licensed casinos. Such prohibitions include statutes making the use of counterfeit wagering instruments illegal. The organizations that regulate gambling facilities have stringent rules for the permissible instruments. You may have committed a felony if you possess, produce, sell, or distribute unapproved wagering instruments. When playing a casino game that is supposed to be played with chips, cheques, tokens, vouchers, or other betting instruments allowed by the appropriate gaming regulating authority, knowingly using wagering instruments that are not approved is a violation of New York Penal Law 225.65.

Example

A person attempted to fool the operator of a legitimate gambling business by using counterfeit chips. His technique was first successful because the counterfeit chips he employed were of good grade. In violation of New York Penal Law 225.65, he was eventually apprehended, detained, and charged with use of counterfeit, unauthorized, or illicit wagering documents.

Similar Offenses

Second-degree gaming fraud: New York Penal Law section 225.55

First-degree gaming fraud: New York Penal Law section 225.60

Defenses

If you mistakenly employ counterfeit wagering instruments, you are not guilty of using counterfeit, unapproved, or illegal wagering instruments. The statute requires a “knowing” application.

Sentence

The use of counterfeit, unauthorized, or illegal wagering devices is a misdemeanor of the first degree. This implies that if you are convicted, your penalty might include up to one year in jail, three years of probation, and a fine.

Use of counterfeit, unlicensed, or illegal wagering instruments is prohibited under New York Penal Law section 225.65.

A person commits the offense of use of counterfeit, unapproved or unlawful wagering instruments when, in playing or using any casino game designed to be played with, received, or operated by chips, cheques, tokens, vouchers or other wagering instruments approved by the appropriate gaming regulatory authority, he or she knowingly uses chips, cheques, tokens, vouchers or other wagering instruments other than those approved by the appropriate gaming regulatory authority.

Possession of more than one counterfeit, unapproved, or illegal wagering device listed in this section is presumptive evidence of knowledge of the instrument’s nature or contents.

New York City Utilization of Counterfeit, Unapproved, or Illegal Gambling Instruments Attorney

Even though the use of counterfeit, unauthorized, or illegal wagering is not a criminal, it is nevertheless a crime. If convicted, you could be sent to jail.

Benjamin Greenwald is a criminal defense attorney who represents clients in Orange County, New York. He has experience defending clients against a variety of charges, including unlawful gambling and property possession. Greenwald is a skilled and experienced lawyer who has achieved positive outcomes for his clients. He is dedicated to providing the best possible defense for his clients and ensuring that their rights are protected. If you have been charged with a crime, contact Benjamin Greenwald to discuss your case. He will provide you with the experienced and aggressive defense you need to achieve the best possible outcome.

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Use of Unlawful Gaming Property Attorney Orange County NY

For years, gaming has been a popular pastime in New York. Unfortunately, because of the enormous sums of money involved, gaming has also been plagued by widespread cheating. People have, for instance, utilized counterfeit chips and sought to modify electronic gaming machines to boost their chances of winning. To address the issue, New York passed a number of legislation.

Under New York Penal Law 225.75, you would be guilty of second-degree criminal possession of gaming materials if you:

1. You manufacture or sell unlawful gaming property worth more than $300 at a casino gaming facility with the intent to make it available for unlawful use;

2. You commit possession of unlawful gaming property in the third degree and the face value of the improper substitute property exceeds $500; or 3.

3. You are convicted of possession of unlawful gaming property in the third degree and you have been previously convicted within the previous five years of any offense where possession of unlawful gaming property is an essential element.

New York Penal Law section 225.00(27) defines “illegal gaming property” as follows:

1. Any device not permitted for use in casino gaming that can assist a player in calculating probabilities of the outcome of a game of chance or in receiving information material to the outcome of a game of chance; 2. Any object that can be used in casino gambling as an improper substitute for a genuine chip, cheque, token, betting coupon, or other instrument or indicia of value; or 3. Any unfair gaming device.

Similar Offenses

Use of illegal gaming property: New York Penal Law section 225.85 Defenses

If you possess illegal gaming property for a cause other than to commit gaming fraud, you are not guilty of possession of illegal gaming property in the second degree.

Sentence

Second-degree possession of illegal gambling equipment is a Class E felony. If convicted, you may be sentenced to up to four years in prison, five years of probation, and a fine.

New York Penal Law 225.75: Second-degree criminal gaming property possession

2. He or she commits possession of unlawful gaming property in the third degree as defined in 225.70 of this article, and the face value of the i.d. exceeds three hundred dollars.

New York City Lawyer for Possession of Illegal Gambling Property in the Second Degree

If you are being investigated for possession of illegal gaming property in the second degree, you must consult with an attorney immediately. If you are found guilty, you could spend time in prison.

At the Law Office of Benjamin Greenwald, we understand that being accused of Use of Unlawful Gaming Property can be a stressful and confusing experience. If you have been charged with this crime, it is important to have an experienced criminal defense attorney on your side. Attorney Greenwald has successfully defended clients against Use of Unlawful Gaming Property charges in Orange County, NY and he can put his knowledge and experience to work for you.

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Unlawful Distribution of Gaming Equipment Attorney Orange County NY

The criminal laws of New York prohibit illegal gambling operations. These laws do not criminalize placing bets or participating in gambling as a player for personal profit or enjoyment. Even though those involved with illegal gambling businesses may generally be charged with either misdemeanor or felony level gambling offenses — often at the discretion of a prosecutor — regardless of their classification, these are still serious crimes that can result in jail or prison time for even first-time offenders.

Possession of a Betting Machine

Possession of a Gambling Device is punishable by up to one year in jail as a Class A misdemeanor.

A person is guilty of this crime if, with knowledge of its nature, he or she manufactures, sells, transports, places, or possesses, or conducts or negotiates any transaction relating to the ownership, custody, or use of a slot machine or other gambling device with the intent that it will be used to promote illegal gambling activity.

New York law provides a legal presumption regarding the element of knowing possession of illegal gambling records or devices in relation to gambling crimes.

The statute stipulates that proof of possession of any gambling device or record referred to by the crime at hand is presumptive evidence of the accused’s knowledge of the nature or contents of such items.

There are Defenses to Charges of Illegal Gambling

There are a number of potential defenses to illegal gambling charges that a New York City illegal gambling attorney can present in court. Obviously, the availability of a defense against these charges depends on the evidence in a particular case.

First, since New York does not punish those who, for their own (potential) profit or pleasure, place bets or play games of chance with unlicensed individuals or entities or unsanctioned locations, it is a viable defense to assert that one was merely a player or customer of an illegal gambling operation. In fact, the statute itself provides a defense for those who possess gambling records that were neither used nor intended to be used in the operation or promotion of a bookmaking or insurance scheme.

Second, in prosecutions for possession of gambling records or devices, the statute provides a defense if the device, typically a slot machine or similar, is more than 30 years old, an antique, was possessed within the accused’s residence, was being transported to a jurisdiction where such devices are legal, was used to train persons in the maintenance and repair of such machines, or otherwise was not used or intended to be used in the operation or promotion of unlawful gambling.

Third, for any crime that requires proof of possession of an item, the accused’s connection to the item may be contested.

The state may be unable to establish possession without evidence of actual, physical possession of the illegal substance.

Lastly, ignorance of the connection between the funds collected and bookmaking or gambling operations is sometimes a valid defense. A person may be asked to help collect money from another for a variety of reasons unrelated to a gambling debt owed to a principal.

Contact a Skilled New York City Illegal Gambling Lawyer Immediately

The Law Office of Benjamin Greenwald is a criminal defense law firm that represents clients in Orange County, New York. The firm’s primary practice areas include unlawful distribution of gaming equipment and casino-related offenses. Attorney Greenwald has represented clients in both state and federal courts, and has successfully obtained dismissals and acquittals in numerous cases. He has also represented clients in appeals before the New York State Court of Appeals and the United States Court of Appeals for the Second Circuit. If you have been charged with a crime related to gambling, you need an experienced attorney who will aggressively defend your rights. Contact the Law Office of Benjamin Greenwald today to schedule a free consultation.

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Manipulation of Gaming Outcomes Attorney Orange County NY

A person commits manipulation of gaming outcomes if that person: • alters the game of chance by implementing or being allowed to use gambling items that are intended to deceive or change the outcome of the game; • allows or implements materially altered gambling devices; • allows or implements non-casino approved gambling items; • alters the outcome of the game after the outcome is assured but before other players are aware of the outcome.

It is a class A misdemeanor for a first offense or an offense that occurs after five years of a previous offense. If a person has been convicted of this specific crime within the past five years, it is a class E felony.

A class A misdemeanor is punishable by a maximum $1,000 fine and one year in jail, while a class E felony is punishable by a maximum $5,000 fine or double the amount gained from the crime, and/or up to four years in prison.

Use of illegal gaming facilities

This is the simplest and most straightforward fraudulent gaming law. The use of illegal gaming equipment in a casino will be considered the use of illegal gaming equipment. Unlawful gaming property is any item or device that is prohibited by the casino and alters the chance game.

The casino prohibits the use of any application that would increase a player’s chances of winning. Kaden brings his smartphone to the casino, where he utilizes an app to help him win various card games. Kaden has engaged in the illegal use of gaming equipment.

This is a felony of class E. This is punishable by a maximum fine of $5,000 or twice the amount gained from the crime, plus up to four years in prison.

Do similar laws exist regarding fraudulent gaming?

There are a number of laws that are analogous to fraudulent gaming, and individuals can be charged with multiple offenses for a single act.

Depending on the circumstances, the crimes of grand theft and scheme to defraud can accompany a charge of fraudulent gaming.

Federal law prohibits frauds and cons as well, and if the fraudulent activity crosses state lines or involves electronic transmissions, federal charges may also be broug

Additionally, many casinos are located on tribal land, and numerous tribal laws address fraudulent gaming.

Are there any defenses against fraudulent gambling?

When an individual is accused of fraudulent gaming, a number of possible defenses can be used.

Many laws require that the defendant acted with the intent to defraud or that they possessed items with the intent to use them illegally. 

Is it simple to demonstrate that the items they possessed were utilized illegally? 

This is difficult to prove unless the individual admits to intending to defraud the casino.

Typically, investigators need sufficient evidence to infer intent.

 New York law creates an automatic presumption regarding illegal gaming establishments.

If a person possesses two or more illegal gaming devices, it is presumed that they knew the devices were intended to defraud.

Also, depending on how the casino or authorities investigated the crime, constitutional violations such as unreasonable search and seizure may have occurred.

 If you have any questions regarding defenses to fraudulent gaming, please contact one of our law firms.

Our attorneys will listen and assist you in comprehending your available defenses.

New York’s gambling regulations.

New York’s fraudulent gaming laws are relatively new. In 2013, New York permitted the establishment of casinos outside of tribal lands. These laws were also enacted simultaneously.

The New York courts have not addressed many aspects of these laws, whereas the Nevada courts have examined similar laws in detail. This is because Las Vegas is a major hub for gambling in the United States and internationally.

Who investigates gambling fraud allegations?

The majority of casinos, if not all, will conduct an internal investigation and report their findings to the state’s gaming commission if they suspect fraudulent activity in their establishment. Depending on the location of the crime and whether it crossed state lines or involved electronic or wireless communications, New York’s Gaming Commission, the Indian Gaming Commission, and even the IRS Gaming Investigation team could be involved.

What should I do if I have been charged with fraudulent gaming?

Call us! Any accusation of fraudulent gaming can have severe consequences. Even if the charges are dropped or you are exonerated, there may still be negative repercussions. It can affect careers, relationships, finances, and future employment opportunities.

In addition, many casinos will not admit individuals who have been charged with fraudulent gambling in the future.

And any casino patron may be affected by a charge of fraudulent gambling. A finding of guilt could result in hefty fines and lengthy prison terms.

Therefore, it is crucial that you have a competent and experienced legal team representing you. Our attorneys have extensive legal knowledge and can assist you in constructing the best possible defense, allowing you to focus on other important matters. We seek to assist you and will always advocate for your best interests.

Manipulation of Gaming Outcomes is a serious charge that can result in significant penalties if you are convicted. The consequences of a conviction can include jail time, fines, and a permanent criminal record. A conviction will also make it difficult to get jobs, housing, and loans. That is why it is so important to have an experienced attorney who will fight for your rights and make sure that you have the best possible chance at a positive outcome in your case. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.

 The Law Office of Benjamin Greenwald is a NY criminal defense attorney that specializes in the use of unlawful gaming property. Attorney Orange County NY has experience defending clients in both state and federal courts. He has represented clients accused of crimes ranging from grand larceny to racketeering. In addition to his experience as a criminal defense attorney, Benjamin Greenwald also has a background in gaming law. He has worked as a gaming lawyer for both private companies and government agencies. As a result, he is extremely familiar with the laws governing the use of gaming property. If you have been charged with a crime related to the use of gaming property, you need an experienced attorney like Benjamin Greenwald on your side.

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Gaming Fraud Attorney Orange County NY

A person engages in fraudulent gaming when they violate the regulations of a casino in order to gain an advantage. This includes equipment designed to interfere with the operation of a gambling machine, counterfeit gambling items, and the possession of any device that could facilitate fraudulent gaming.

Here are several gaming practices that will be labeled fraudulent.

• A person using a smartphone program that anticipates slot machine rolls.

• A person utilizes counterfeit chips or tokens for gambling.

• A person employs a device for card counting.

• A person cheats in blackjack by introducing concealed cards by sleight of hand.

• Possessor of loaded dice in a casino.

• A person creates and sells counterfeit casino tokens with the slogan “Casinos won’t know they’re fake!”

• Attempting any of the aforementioned actions.

There are numerous gaming behaviors that constitute fraud. If a person utilizes any means to get an unfair advantage in a casino game for himself or another player, they will likely be judged to have engaged in fraudulent gambling.

What legislation does New York have regarding fraudulent gambling?

New York has established a number of distinct laws criminalizing a variety of conduct. The majority of these laws prohibit the use, manufacture, or ownership of restricted items. A substantial amount of overlap exists between the statutes, meaning that a person may be charged with many crimes for a single act.

Fraud in the second degree in the gaming industry

To commit gaming fraud in the second degree, a person must alter a game in violation of the casino’s rules, such as by changing bets, increasing or reducing odds, etc., with the intent to deceive the casino. A person is also guilty of second-degree gaming fraud if he or she receives a benefit from a casino without placing an appropriate wager that would have prevented such a benefit.

First-degree fraud in the gaming industry

If a person satisfies the criteria for gaming fraud in the second degree and the profit exceeds $1,000, the crime will be elevated to the first degree. Also, if the person has been convicted of any offense involving gaming fraud within the past five years, it will be considered first-degree gaming fraud.

Utilization of phony, unauthorized, or illegal wagering tools

If a person employs counterfeit, unapproved, or illegal gambling instruments in order to participate in casino activities, this will be regarded the use of counterfeit, unapproved, or illegal betting instruments.

Manipulation of gaming results at a legal gambling facility

A person commits manipulation of gaming outcomes if that person:

• alters the game of chance by implementing or being allowed to use gambling items that are intended to deceive or change the outcome of the game;

• allows or implements materially altered gambling devices;

• allows or implements non-casino approved gambling items;

• alters the outcome of the game after the outcome is assured but before other players are aware of the outcome.

It is a class A misdemeanor for a first offense or an offense that occurs after five years of a previous crime. If a person has been convicted of this precise crime within the past five years, it is a class E felony.

A class A misdemeanor is punishable by a potential $1,000 fine and one year in jail, while a class E felony is punishable by a maximum $5,000 fine or double the amount acquired from the crime, and/or up to four years in prison.

Use of illegal gaming facilities

This is the simplest and most straightforward fraudulent gaming law. The use of illegal gaming equipment at a casino will be regarded the use of illegal gaming equipment. Unlawful gaming property is any item or equipment that is prohibited by the casino and affects the chance game.

The casino restricts the use of any application that would boost a player’s chances of winning. Kaden brings his smartphone to the casino, where he utilizes an app to help him win various card games. Kaden has engaged in the illegal usage of gaming equipment.

This is a felony of class E. This is punishable by a maximum fine of $5,000 or double the amount acquired from the offence, plus up to four years in prison.

The Law Office of Benjamin Greenwald is a criminal defense attorney in Orange County, NY. The firm has experience handling a variety of cases, including gaming fraud. Gaming fraud is a serious crime that can result in heavy fines and jail time. If you have been accused of gaming fraud, it is important to contact an experienced attorney who can help you defend your rights. The Law Office of Benjamin Greenwald has the knowledge and experience needed to help you fight your charges and get the best possible outcome for your case. Contact the firm today to schedule a consultation.

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Counterfeit Wagering Instruments Attorney Orange County NY

If a person: • Manufactures, • sells, or • distributes any items that resemble gambling items in a casino with the intent that those items will be used in a casino, or • reasonably should have known that those items would be used in a casino, it will be considered unlawful manufacture, sale, distribution, marking, altering, or modification of gambling equipment and devices.

Also, this makes it illegal to change or tamper with casino-approved gambling items.

Say a casino employee removes casino-abandoned gambling equipment and deliver sit to a range of retailers. He observes that the new and decommissioned dice boxes are identical.

He modifies one of the new dice boxes into loaded dice and offers them to customers who wish to “win big.” Brett has committed the illegal production, sale, distribution, marking, alteration, or modification of gaming equipment and devices.

It is a class A misdemeanor for a first offense or an offense that occurs after five years of a previous crime. If a person has been convicted of this precise crime within the past five years, it is a class E felony.

A class A misdemeanor is punishable by a potential $1,000 fine and one year in jail, while a class E felony is punishable by a maximum $5,000 fine or double the amount acquired from the crime, and/or up to four years in prison.

Possession of gaming-related contraband in the third degree

If a person possesses casino-prohibited things with the intent to commit gaming fraud on casino grounds, they will be charged with third-degree possession of unlawful gaming property.

For instance, a person possesses a little electronic device that modifies slot machine payouts. She enters the casino with the intention of using this electronic equipment at the slot machines. She has committed third-degree unauthorized possession of gaming materials.

This is a misdemeanor of class A. This is punishable by a maximum punishment of one thousand dollars and up to one year in jail.

Possession of gaming-related contraband in the second degree

This law can be broken in several ways.

• A person sells casino-prohibited items (with a value greater than $300) for illicit use on casino grounds.

• A person commits possession of illegal gaming property in the third degree with a value exceeding $500.

• The individual has been convicted of any offense involving illegal gaming property possession during the past five years.

You create casino chips that appear to be identical to those used by the local casino. You resolves to utilize the chips in the next casino he visits. The chips are worth six hundred dollars. You have committed the second-degree offense of unlawful possession of gaming materials.

First-degree illegal possession of gaming equipment

This law can be broken in two different ways.

• A person commits possession of unlawful gaming property in the third degree if the property’s value exceeds $1,000.

• A person who has been convicted within the past five years of any offense involving possession of unlawful gaming property commits possession of unlawful gaming property in the second degree;

Using slugs illegally in the second degree

Utilizing a slug (an item that mimics a coin or token) in a coin machine with the purpose to defraud the owner is the second-degree offense of unlawfully using slugs. In addition, it is considered unlawful use of slugs in the second degree if a person creates, sells, or gives away slugs for another person to use fraudulently.

Using slugs illegally in the first degree

If a person makes, sells, or possesses slugs to be used fraudulently in coin machines and the worth of the slugs exceeds one hundred dollars, they will be charged with first-degree criminal use of slugs.

There are numerous laws that prohibit fraudulent gambling. A person may face many charges for a same act, depending on the circumstances. The maximum penalty for fraudulent gaming is seven years in prison, a $5,000 fine, and/or double the amount acquired from the offense.

Counterfeit wagering instruments are created with the intention to deceive or defraud. In New York, it is a crime to knowingly possess, use, or distribute counterfeit wagering instruments. If you have been charged with this crime, you need an experienced criminal defense attorney who will fight for your rights. At the Law Office of Benjamin Greenwald, we understand the serious nature of these charges and will work tirelessly to build a strong defense on your behalf. We will thoroughly investigate the facts of your case and aggressively challenge any evidence that may be used against you. With our experienced legal team on your side, you can rest assured that you are in good hands. Contact us today to schedule a free consultation.

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DWI Defense Attorney Middletown NY

The majority of us are aware that driving under the influence is a serious offense that can lead to severe penalties. If you are arrested for DWI, you could face hefty fines, jail time, and the suspension or revocation of your driver’s license. Even if (or when) you are allowed to drive again after a DWI conviction, you may be required to install an ignition interlock device in any vehicle you own or operate. If you are facing drunk driving charges in New York, contact our DWI attorney.

How Does New York Define DWI?

DWI refers to a driver whose blood alcohol concentration (BAC) is 0.08 percent or higher. You can also be charged with DWI if you refuse to submit to a chemical test of your breath or blood and law enforcement is unable to obtain a scientific reading.

In New York, driving while intoxicated (DWI) is a serious crime that can have severe legal repercussions. Under New York law, there are several ways to be convicted of DWI, including: • operating a motor vehicle with a blood alcohol concentration (BAC) of.02 percent or higher if under 21; • operating a motor vehicle with a BAC of.08 percent or higher; and • operating a motor vehicle while “substantially impaired.”

Penalties for DWI in New York

As stated previously, a DWI conviction can have severe consequences. Below is a summary of the DWI penalties in New York:

• First offense: a maximum of one year in jail and fines ranging from $500 to $1,000.

• Second offense: a maximum prison term of four years and fines ranging from $1,000 to $5,000.

• Third offense: a maximum prison term of seven years and fines ranging from $2,000 to $10,000

Breathalyzer and Blood Test Requirements in New York

Any driver suspected of driving while impaired is required to submit to alcohol and drug testing in New York. Following a DWI arrest, law enforcement officers are required to measure the suspect’s BAC within two hours of either the arrest or a positive portable breath test. Despite these requirements, individuals suspected of driving under the influence frequently refuse to submit to testing. Following a DWI arrest in New York, the penalties for refusing a breathalyzer or blood test are as follows:

• First offense: one-year license suspension

• License suspension for 18 months for a second offense if the suspect has a prior refusal or DWI conviction within the past five years.

• Third offense: 18-month license suspension if the suspect has been convicted of refusal or DWI within the previous five years.

Permanent license revocation is an additional potential consequence of a DWI suspect’s refusal to submit to chemical testing.

How Does New York Prove DWI?

Law enforcement uses a variety of methods, including field sobriety tests and breathalyzer, blood, or urine tests, to determine if you are intoxicated. According to New York law, a police officer who is well-versed in the physical and mental manifestations of intoxication may also express an opinion as to whether you appear to be intoxicated. As evidence of presumed intoxication, one may use a strong odor of alcohol on the breath, flushed skin, bloodshot, watery eyes, poor coordination, poor balance, and slurred speech.

How Do I Contest a Negative Field Sobriety Test?

In New York, driving under the influence of alcohol is a serious offense. Being arrested for DWI can be a life-altering experience, potentially resulting in jail time, license suspension, hefty fines, and other penalties. Frequently, DWI charges are partially based on the results of one or more field sobriety tests. Anyone charged with DWI in New York should consult a DWI attorney for assistance in challenging the results of field sobriety tests.

Legal Defenses for New York Drunk Driving Charges

Fortunately, a skilled New York City DWI attorney can use several effective defenses to contest such charges. With specialized training and extensive experience in DWI defense, the team at Barket Epstein can construct effective defenses against charges of drunk driving.

Our team of distinguished New York DWI attorneys and legal professionals may be able to construct a defense for you based on the following: • Lack of probable cause • Flawed lab results or defective equipment • Alternative reasons for appearing “intoxicated” • Errors/mistakes that do not necessarily indicate intoxication • Inaccurate field sobriety tests • Miranda rights violations • Witness testimony •

Evidence of mental vigilance

On Your Side With Our New York City DWI Attorneys

The Law Office of Benjamin Greenwald is a DWI defense attorney in Orange County, New York. Attorney Greenwald has  years of experience handling DWI cases, and has a proven track record of success. He has successfully represented clients in a variety of DWI cases, including first-time offenders and repeat offenders. In addition, he has represented clients who have been charged with DWI in both State and Federal court. Attorney Greenwald is a knowledgeable and experienced DWI defense attorney who will fight for your rights. If you have been charged with DWI, contact the Law Office of Benjamin Greenwald today for a free consultation.

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DWI Attorney Orange County NY

Until recently, nearly all first-time misdemeanor DWI offenders were offered a plea bargain in which they pleaded guilty to the lower charge of driving while ability impaired (DWAI). First-time misdemeanor offenders are no longer offered a plea to the reduced charge if the test result is too high or there was a refusal to take the test. They must either enter a guilty plea or go to trial on the misdemeanor allegation.

You need a Orange County-area DWI attorney with the experience, reputation, and expertise necessary to secure the best possible outcome for your case. Not all DWI lawyers are alike. At Benjamin Greenwald, we fight for the best possible outcome for you, which may include a hardship license, a stay of your driver’s license suspension to allow you to get a conditional license, and a reduced price.

What are the Various DWI Case Types?

Regardless of the severity of the charges against you, there is always a method to defend yourself. We have significant expertise assisting clients in a variety of impaired driving scenarios. We are prepared to fight for the best possible outcome for you.

We have defended clients in the following situations: • First-time DWI offense • Multiple DWI offenses • DWI including narcotics • DWI involving accidents and significant harm • Underage DWI

Take Action and Obtain the Necessary Defense

No matter the charges against you, no stone will be left unturned in the search for a defense strategy. Immediately following your arrest, you will need to defend your driving rights before the administrative license hearing. Afterwards, our White Plains DWI attorneys can aid you with the criminal procedure.

We can contest the evidence and refute the prosecution’s assertions. It is possible that the evidence is inadequate or that the arresting officers made a crucial error. Often, DWI charges can be lowered or even dropped if the arrest was improper!

New York’s Penalties for DWI & DWAI

New York drivers convicted of driving under the influence or driving while impaired face jail time, fines, and the revocation of their driving rights. After an arrest for drunk driving, it would be in your best advantage to retain the services of a qualified Orange County NY DWI attorney.

• First DWI: one year in jail, one thousand dollars in fines, and a six-month suspension

• First drunk driving offense: 15 days in prison, a $500 fine, and a 90-day suspension

• For a second DWI, four years in prison, $5,000 in fines, and a one-year suspension are imposed.

• Second DWAI: 30 days in jail, $750 in fines, and a six-month license suspension

• Third DWI: seven years in prison, ten thousand dollars in fines, and a one-year suspension

• Third DWAI: 180 days in prison, $1,500 in fines, 6-month suspension

Arrested? Immediately call for a free consultation!

To learn more about how Benjamin Greenwald can assist you with your driving while intoxicated (DWI), aggravated DWI, driving while ability impaired (DWAI), driving while ability impaired by drugs, or driving while ability impaired by drugs and alcohol case, please contact us for a free consultation.

DWI charges can have a major impact on your life, even if it is your first offense. If you are facing DWI charges, it is important to hire an experienced DWI attorney who can help you understand the charges against you and defend your rights. The Law Office of Benjamin Greenwald is a DWI defense law firm serving Orange County, NY. Attorney Greenwald has experience successfully defending clients against DWI charges, and he will work tirelessly to help you get the best possible outcome in your case. Contact the Law Office of Benjamin Greenwald today to schedule a free consultation.

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Criminal DUI Lawyer Middletown NY

New York has a zero-tolerance policy on drunk driving. A DUI arrest is alarming because it may happen to anyone. You may believe that drinking a few alcoholic beverages at a workplace party is harmless. But consider what could occur if you subsequently get behind the wheel and fail to come to a complete stop at a stop sign. If you violate the law, you could be arrested and charged with a DWI violation. DUI arrests can occur in a variety of circumstances, including traffic stops, checkpoints for drunk driving, and car accidents.

When you are in the stressful circumstance of getting arrested for DUI, you require the assistance of an experienced attorney. The DUI attorneys at Benjamin Greenwald recognize the need for prompt action to safeguard your rights and driving privileges. We will assist you in navigating the intricate state legislation governing DUI crimes.

In New York, there are numerous sorts of DWI offenses. We can offer assistance with the following:

• First Offense • Second Offense • Aggravated DUI • Underage Drinking • DUI: Breathalyzer Refusal • DMV License Suspension Hearings • Revocation Hearings • Boating While Intoxicated

DUI Consequences in New York

DUI violations are punishable by a variety of sanctions, which grow in severity for subsequent convictions. DUI convictions are also permanent on a person’s record. In New York, a first offense DUI is categorized as a misdemeanor, whereas subsequent crimes are classified as felonies.

As driving under the influence puts others in danger, even first-time offenders face severe penalties. Each DWI arrest will have varied consequences based on the driver’s BAC and other considerations, such as age and the arrest’s circumstances.

The following punishments may be imposed on anyone convicted of drunk driving:

• Jail time

• Fines of up to $2,500 for a BAC above 0.18

• Revocation or suspension of driving privileges A ban of at least six months is imposed for a BAC of 0.08 percent or higher. When a driver’s BAC exceeds 0.18 percent, the length of their suspension normally increases.

• Alcohol awareness classes

• Installation of an ignition interlock device that prevents the vehicle from starting if a specified quantity of alcohol is detected.

Repeat DUI offenders risk harsher penalties, including lengthier jail terms, heftier fines, and a longer driver’s license suspension. A first conviction for DUI is punishable by up to one year in jail, while a second conviction can result in a four-year sentence. During sentence, the court considers prior convictions for driving under the influence of alcohol and employs a stern approach to deter the defendant from committing the offense again.

Drivers may be prosecuted with aggravated DUI if the amount of alcohol in their system is double the legal limit, or if their BAC is 0.18 or more. In New York, harsher punishments correspond to increasing levels of intoxication. There are also specific punishments for underage drunk driving.

Fighting a DUI arrest might be difficult enough, but prosecutors frequently add additional counts. Under Leandra’s Law, drunk driving with a child in the vehicle will result in an Endangering a Child charge. Other possible accusations include Driving Under the Influence of Drugs (DUID), careless driving, or attempting to elude a police officer. The scenario would be considerably more dire if an intoxicated driver caused a traffic accident.

The Law Offices of Benjamin Greenwald may assess the specifics of your allegations to minimize potential repercussions and pursue the most favorable outcome possible.

Understanding the state’s various driving-related fees can be intimidating and perplexing. Therefore, it is essential to have competent counsel who can clarify the charges against you and the relevant legal options.

Chemical Testing for BAC in New York

When pursuing a DWI conviction, law enforcement depends largely on breathalyzers and BAC chemical tests. However, these measures do not constitute conclusive proof of drunk driving and do not automatically result in a conviction. There is always the possibility that arresting officers made mistakes in their treatment of your case, which we might exploit to your advantage.

Courts in New York have ruled that a driver accused of DUI must submit to a breath test to determine BAC. This means that if you operate a motor vehicle in the state, you implicitly consent to being tested for alcohol.

Refusing to submit to testing after being pulled over can result in the revocation of your driver’s license and other penalties, such as fines and license suspension. However, after your refusal, you are entitled to a DMV hearing. In such a situation, having a professional DWI attorney substantially increases your chances of success at this hearing.

New York Attorney for DWI/DUI Defense

When facing serious consequences for driving under the influence in New York, you need an experienced defense attorney with an in-depth knowledge of the law and a track record of successfully assisting clients. New York motorists who have been arrested for driving under the influence are effectively represented by Brill Legal Group. Whether this is your first DWI arrest or a repeat violation, we will guide you through the full legal process and fight fiercely for your rights.

If you have been charged with a crime, you need an experienced and aggressive criminal defense attorney who will fight for your rights. The Law Office of Benjamin Greenwald has successfully represented clients in Orange County, New York who have been charged with DUI, assault, theft, and other crimes. Attorney Greenwald will thoroughly investigate the facts of your case and build a strong defense to ensure that you receive the best possible outcome. He has extensive experience in the criminal justice system and is dedicated to protecting the rights of his clients. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.

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Drug Possession Lawyer Orange County NY

In New York, drug possession is one of the most common felonies. People of various ages and social standings frequently own illegal narcotics for their own personal usage. While some argue that possessing a modest amount of drugs for personal use should not be regarded a significant offense, under New York law it is. Even if you are convicted of certain misdemeanor drug possession offenses, you face the prospect of jail time and a criminal record.

If you have been charged with drug possession, you should take the case extremely seriously and call an expert New York drug possession attorney who will defend you forcefully. The attorneys at the Law Offices of Benjamin Greenwald have decades of experience defending individuals accused of drug crimes and other serious offenses.

Drug Possession Offenses

Under New York law, drug possession can refer to the possession of any number of banned substances called drugs. A controlled substance may include cocaine, crack cocaine, heroin, club drugs, OxyContin, and other illegally obtained prescription medications for the purposes of a drug possession accusation. Possession of drugs can also refer to the possession of marijuana.

Only one of the six penalties for possession of controlled substances is a misdemeanor: criminal possession of a controlled substance in the seventh degree. This charge may be brought against you if you possess any amount of a controlled substance. It is a misdemeanor of Class A. N.Y. Pen. Law Section 220.03. Depending on the drug in question, if you are in possession of more than a set minimum amount, you will be charged with a more severe felony criminal possession offense. In other situations, such as illegal possession of anabolic steroids, possession of any quantity will result in a misdemeanor prosecution.

The following are felonies for drug possession:

• Criminal possession of a controlled substance in the fifth degree includes the following: possessing a controlled substance with the intent to sell it; possessing at least 1/2 ounce of a narcotic preparation; possessing at least 50 milligrams of PCP; possessing at least 1/4 ounce of a concentrated preparation of cannabis; possessing at least 500 milligrams of cocaine; possessing at least 1,000 milligrams of ketamine; possessing any amount of ketamine if you have a It is a felony of Class D. N.Y. Pen. Law § 220.06

• Possession of at least 1/8 ounce of narcotic drug preparations, at least 1/2 ounce of methamphetamine preparations, at least 2 ounces of narcotic preparations, at least 1 gram of a stimulant, at least 1 milligram of a lysergic acid diethylamide, at least 25 milligrams of a hallucinogen, at least 1 gram of a hallucinogenic substance, at least 10 It is a felony of Class C. New York Penal Law 220.09

• Criminal possession of a controlled substance in the third degree is the charge if you possess a narcotic drug; or you possess a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide drug with the intent to sell it and you have been previously convicted of a controlled substance offense; or you possess at least 1 gram of a stimulant, at least 1 milligram of a It is a felony of Class B. New York Penal Law 220.16

• Criminal possession of a controlled substance in the second degree requires possession of at least 4 ounces of narcotic drug preparations, 2 ounces of methamphetamine preparations, 10 grams of a stimulant, 25 milligrams of a lysergic acid diethylamide, 625 milligrams of a hallucinogen, 25 grams of a hallucinogenic substance, or 2,880 milli It is a felony of Class A-II. New York Penal Law 220.18 states that first-degree criminal possession of a controlled substance is the most severe drug possession offense. This charge applies if you are in possession of at least 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is a felony of Class A-I. N.Y. Pen. Law § 220.21

There are an additional six marijuana possession offenses. Marijuana possession is deemed less severe than possession of a controlled substance. Thus, there is one marijuana possession accusation that is a violation and two others that are misdemeanors.

• Possession of marijuana in violation of the law means knowingly and unlawfully possessing marijuana. This is an infraction. New York Penal Law 221.05

• Criminal possession of marijuana in the fifth degree entails knowingly and illegally possessing marijuana in a public place and burning it or displaying it in plain view. It also includes possessing at least one marijuana-containing concoction weighing a total of at least 25 grams. It is a Class B infraction. Under New York Penal Law 221.10, criminal possession of marijuana in the fourth degree is defined as the unlawful possession of at least one marijuana-containing preparation weighing a total of at least 2 ounces. It is a misdemeanor of Class A. In accordance with New York Penal Law 221.15, criminal possession of marijuana in the third degree is defined as the unlawful possession of at least one marijuana-containing preparation weighing at least 8 ounces. It is a felony of Class E. Under New York Penal Law 221.20, criminal possession of marijuana in the second degree is defined as the unlawful possession of at least one marijuana-containing preparation weighing a total of at least 16 ounces. It is a felony of Class D. According to New York Penal Law 221.25, the crime of criminal possession of marijuana in the first degree requires the possession of at least one marijuana-containing preparation weighing a total of at least 10 pounds. It is a felony of Class C. N.Y. Pen. Law § 221.30

At the Law Office of Benjamin Greenwald, we understand that being charged with a crime can be a daunting experience. If you’ve been accused of possession of drugs, you may be feeling confused and uncertain about your future. Drug possession convictions can carry harsh penalties, including jail time, probation, and fines. The good news is that you don’t have to face these charges alone. Our experienced team of criminal defense lawyers will fight tirelessly to protect your rights and ensure that you receive a fair trial. We have a proven track record of success in Orange County, and we are ready to put our skills to work for you. Contact us today to schedule a free consultation.

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Drug Defense Attorney Orange County NY

Should you use the same attorney you use for wills, real estate, and business matters, or should you hire a criminal defense counsel?

You Have Only One Shot

You alone are responsible for selecting an attorney. Most people only engage an attorney for criminal defense once. Choosing an attorney is likely the most crucial decision you will make in your case. Although changing attorneys is possible, it is not usually recommended. We recommend that you do your research and begin your legal defense on the proper foot. If you choose a competent attorney from the outset, you will likely not be disappointed.

You may and should study attorneys on the Internet, but calling them is the best method to determine if they are the suitable lawyer for you and your situation. If you cannot access a lawyer before making a hiring decision, you know something is amiss. Before you engage an attorney, we will always take the time to discuss your issue with you at the law firm of E. Stewart Jones Hacker Murphy. We recognize that you may be at a turning point in your life where you have the most to gain and lose. In any criminal case, we are always available for a free consultation, so you may decide for yourself and without pressure whether we are the correct attorneys for you.

Our counsel to anyone seeking an attorney is the same, regardless of whether you choose us. Discuss your circumstances with a lawyer at each firm you are evaluating and ask the following questions. Does the attorney take the time to hear out my case? Can the attorney comprehend my situation? Can the lawyer describe how my case can be defended? Is the attorney someone with whom I feel I can collaborate?

All of our innumerable satisfied clients have found that we meet all of the requirements for these queries. Don’t shortchange yourself or your loved ones when making what could be the most significant decision of your life. If your attorney does not meet all of these requirements, or whether you have not yet found one, give us a call to see if we are the best fit for you and your case.

The drug laws in New York State are complex and can entail many counts. With the possibility of consecutive sentences for several convictions, defendants in drug cases can potentially suffer disastrous repercussions if found guilty. Attempting to defend against New York State drug charges with a lawyer who lacks substantial experience in drug cases is likely to fail. Your attorney will always have additional cases. You will receive only one. Employ the attorney who will provide you and your case the deserved attention.

When facing a drug charge prosecution, a skilled New York drug charges defense attorney can make all the difference. Some cases will be dismissed, others may be pled down, and others will proceed to trial. Results vary from case to case, as they always do; however, it is essential to remember that the success of your case is determined by you, your requirements, and the impact your case will have on your future. Your attorney and his law company will be the only parties in the process who will work in your best interest, so choose carefully.

Put Up Your Best Defense

Benjamin Greenwald’s criminal defense attorneys have extensive experience defending narcotics prosecutions. Whether you are facing a single first offense or several counts, obtaining the best possible outcome in a drug charges case demands diligence, a vigorous defense, and a command of strategy.

An experienced New York drug charges attorney will devote the time necessary to construct a solid defense, with a commitment to seek charges reduction or dismissal. In every matter in which we are involved, we never cease our efforts to construct the strongest possible defense and secure the best possible conclusion for our clients. Our priorities are straightforward. We prioritize your liberty above all else. Our major objective is to guarantee that our clients never enter or remain in police custody, jail, or prison. Moreover, we strive to keep our customers out of the criminal justice system. We try to ensure that the excellent names and reputations of our clients remain intact. In this way, we assure that a drug accusation will not ruin your life or the lives of your family.

The Law Office of Benjamin Greenwald is a top criminal defense firm in New York State. Our experienced attorneys provide vigorous representation to those accused of serious crimes, including drug offenses. We understand the grave implications a drug charge can have on your life, and we are dedicated to protecting your rights and fighting for the best possible outcome in your case. If you or someone you love has been charged with a drug offense in Orange County, NY, contact our office today for a free consultation. We will review your case and advise you of your options moving forward. Drug defense is our specialty, and we are here to help you through this difficult time.

from Benjamin Greenwald Law Firm https://www.greenwaldfirm.com/drug-crimes/drug-defense-attorney-orange-county-ny/
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Drug Crimes Attorney Orange County NY

In the state of New York, a conviction for a drug-related offense might result in the loss of driving privileges and professional licenses, hefty fines, lengthy prison sentences, and a permanent criminal record that could hinder future possibilities to get college financial aid or employment. In the state of New York, drug related offenses are regarded to be extremely serious felonies, and if you have been charged, you must immediately retain a New York criminal defense attorney.

It makes no difference whether you have been charged with simple possession, distribution, trafficking, or manufacturing of a restricted substance. In any of these instances, a conviction could have unfavorable consequences. For a drug accusation to be effectively defended, your attorney must have experience handling criminal defense matters.

New York State Drug Crimes Laws

In the state of New York, drug criminal statutes encompass a vast array of acts including the use, cultivation, and production of illegal narcotics.

Call our New York drug crime attorney at the Law Offices of Benjamin Greenwald if any of the aforementioned crimes apply to your situation. Our attorney is available 24 hours a day, seven days a week to respond to your questions and concerns.

New York has some of the strictest drug regulations in the country, and drug trafficking is no exception. Multiple sorts of drug possession may constitute drug trafficking offenses, including the production, transport, distribution, and sale of illegal substances. To be prosecuted with any sort of drug possession, an individual must have knowingly and unlawfully had a controlled substance. Although there are additional aspects that can affect the severity of a person’s punishment for drug trafficking, the penalties will largely depend on the weight and quantity of the substances involved and may necessitate a Federal Criminal attorney.

As with all other types of drug possession, drug trafficking charges are charged as felonies and misdemeanors, which can carry severe penalties. The charges may vary from class E to A crimes and may result in life in prison and substantial fines. The classification of a crime can vary depending on the type of drug, with more hazardous narcotics incurring harsher punishments, and the defendant’s intent to sell to children.

First-time offenders who are deemed minor drug traffickers may receive a sentence of 1-2 years in jail, whilst large drug traffickers may be sentenced to 15 years to life in prison. The lowest penalties is $5,000, while the maximum is the double of the defendant’s profit from the attempted drug sale, or $100,000.

Those convicted of a drug trafficking crime may face further sanctions upon the completion of their sentence. A felony of class A for drug trafficking will entail seven years of post-release supervision. A felon will also have to cope with the inconvenience of a criminal record, which can make it much more difficult to maintain employment and will likely affect housing options.

If you are facing drug trafficking allegations, seek legal counsel immediately. At the Law Offices of Benjamin Greenwald, our attorney has a thorough understanding of criminal law and can assist you by attempting to minimize or dismiss your drug charges wherever possible. We will preserve your legal rights whether you are a first-time offender facing a Class E felony charge or a repeat big drug trafficker.

Looking for a drug crimes attorney in Orange County NY? Look no further than the Law Office of Benjamin Greenwald. Attorney Greenwald has years of experience representing clients charged with drug crimes, and he is dedicated to getting the best possible outcome for each and every one of his clients. Drug crimes can carry serious penalties, but with an experienced attorney by your side, you can rest assured that your rights will be protected at every step of the process. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.

from Benjamin Greenwald Law Firm https://www.greenwaldfirm.com/drug-crimes/drug-crimes-attorney-orange-county-ny/
via Benjamin Greenwald