Overview:

Whether you were at the wrong place at the wrong time or you just made a mistake, remember that you are innocent until proven guilty. If you have been charged with one of the minor criminal matters listed below or a traffic infraction, contact us today, and let us protect your rights.

Petit Larceny – New York Penal Law §155.25:

A person commits petit larceny when he or she steals property. Petit larceny is a Class “A” Misdemeanor, punishable by up to one year in jail and up to a $1,000 fine.

Harassment – New York Penal Law §§240.26, 240.25:

A person commits Harassment in the second degree (New York Penal Law §240.26) when he or she hits a person, attempts or threatens to hit a person, follows a person, or repeatedly alarms or annoys a person without a legitimate purpose. Harassment in the second degree is a violation, punishable by up to fifteen days in jail and up to a $250 fine.

A person commits Harassment in the first degree (New York Penal Law §240.265) when he or she repeatedly follows a person or makes a person fearful of physical injury. Harassment in the first degree is a Class “B” Misdemeanor, punishable by up to three months in jail and up to a $500 fine.

Aggravated Harassment – New York Penal Law §§240.30, 240.31:

A person commits Aggravated harassment in the second degree (New York Penal Law §240.30) when he or she communicates with a person by phone or written communication in a manner likely to annoy or alarm the person; makes a phone call without a legitimate purpose; hits a person or attempts or threatens to hit a person because of the person’s race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation; or commits this crime and has been previously convicted of Harassment in the first degree in the past ten years. Aggravated harassment in the second degree is a Class “A” Misdemeanor, punishable by up to one year in jail and up to a $1,000 fine.

A person commits Aggravated harassment in the first degree (New York Penal Law §240.31) when he or she commits one of the following acts because of a person’s race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation: damages religious premises in an amount more than $50; places a swastika on real property without express permission of the owner; sets a cross on fire in public view; places a noose on real property without express permission of the owner; or commits this crime and has been previously convicted of this crime in the past ten years. Aggravated harassment in the first degree is a Class “E” Felony, punishable by up to four years in jail and up to a $5,000 fine.

Disorderly Conduct – New York Penal Law §240.20:

A person can commit Disorderly conduct in a number of ways, including getting into or threatening a fight, making lots of noise, using obscene language or gestures in public, disturbing an assembly or meeting, obstructing traffic, refusing to comply with a police order to disperse from a public place, or creating a hazardous condition that has no legitimate purpose. Disorderly conduct is a violation, punishable by up to fifteen days in jail and up to a $250 fine.

Assault – New York Penal Law §§120.00, 120.05, 120.10:

A person commits Assault in the third degree when he or she intentionally or carelessly injures a person (New York Penal Law §120.00). Assault in the third degree is a Class “A” Misdemeanor, punishable by up to one year in jail and up to a $1,000 fine.

A person commits Assault in the second degree when he or she intentionally or carelessly injures a person with a dangerous instrument, intentionally causes serious injury, or intentionally drugs a person (New York Penal Law §120.05). Assault in the second degree is a Class “D” Felony, punishable by up to seven years in jail and up to a $5,000 fine.

A person commits Assault in the first degree when he or she intentionally causes serious injury with a dangerous instrument, disfigures or disables a person, carelessly injures a person seriously, or seriously injures a non-participant during a felony (New York Penal Law §120.10). Assault in the first degree is a Class “B” Felony, punishable by up to twenty-five years in jail and up to a $5,000 fine.

Drinking & Driving:

New York has some of the toughest drinking and driving laws in the country. Every time you drive, you impliedly consent to an alcohol test if a police officer believes you are intoxicated or under the influence of alcohol. If you are arrested for drinking and driving and refuse to take a chemical test to determine your blood alcohol content, your license is automatically revoked for one year and you will be forced to pay a $500 fine.

Driving While Ability Impaired by Alcohol – New York Vehicle & Traffic Law §1192(1):

If your blood alcohol content is between 0.05% and 0.07%, you can be charged with Driving While Ability Impaired by Alcohol. DWAI is a Traffic Infraction and carries a fine up to $500, up to fifteen days in jail, and a ninety day license suspension.

Driving While Intoxicated – New York Vehicle & Traffic Law §§1192(2), 1192(3):

In New York, you can be charged with Driving While Intoxicated two different ways. First, you can be charged with DWI if you drive while your blood alcohol content is 0.08% or higher (New York Vehicle & Traffic Law §1192(2)). Second, you can be charged with DWI even without taking an alcohol test based solely on the observations of the arresting officer (New York Vehicle & Traffic Law §1192(3)). DWI is a Misdemeanor and carries a fine up to $1,000, up to one year in jail, and a minimum six month license revocation. Additionally, anyone convicted of DWI must install an ignition interlock device in any car they own or drive. A second DWI within ten years is a Felony.

Aggravated Driving While Intoxicated – New York Vehicle & Traffic Law §§1192(2-a)(a), 1192(2-a)(b):

If your blood alcohol content is 0.18% or more, you can be charged with Aggravated Driving While Intoxicated (New York Vehicle & Traffic Law §1192(2-a)(a)). You can also be charged with Aggravated DWI if a child who is fifteen years old or younger was a passenger while you drove while intoxicated (New York Vehicle & Traffic Law §1192(2-a)(b)). Aggravated DWI is a Misdemeanor and carries a fine up to $2,500, up to one year in jail, and a minimum one year license revocation. A second aggravated DWI within ten years is a Felony.

The consequences of a drinking and driving conviction last far beyond fines and mandatory surcharges, having your license suspended or revoked, and facing possible jail time. You will feel the impact of costs associated with buying and servicing ignition interlock devices and increased insurance premiums for years to come.

Traffic Matters:

We’ve all gotten them: the dreaded traffic ticket. Whether you were speeding, ran a red light, or texted while driving, traffic tickets are inconvenient and time-consuming for everyone involved.

Pleading guilty to a moving violation can be very expensive and costly, and the average person does not know this when they agree to a plea bargain. If you obtain eleven or more points on your driver’s license within eighteen months, or if you have a combination of three speeding violations and/or traffic misdemeanors within eighteen months, regardless of the number of points you get, the New York State Department of Motor Vehicles will suspend your driver’s license. Furthermore, even if you do not lose your license, drivers with more than six points within eighteen months must pay a civil penalty yearly for three years, with the amount of the penalty increasing for every point greater than six. Failure to pay the penalty can also result in suspension.

We serve all of the area’s Town and Village Courts. Often, we can resolve the ticket through the mail or have you execute a waiver of appearance, which authorizes us to enter into a plea on your behalf. Contact us today, and let us minimize the inconvenience of your traffic ticket.

you are innocent until proven guilty