What is Legally Defined as a Violent Crime?

A violent crime is the use of force, or the threat of the use of force, between an offender and a victim. The motivation, the objective, and the circumstance are all open, and all included under the felony umbrella. In the United States, violent crime is broadly defined under five major umbrellas: simple assault, aggravated assault, rape, robbery and murder. Again, these umbrellas include premeditated and unpremeditated crimes.

Why are Violent Crimes Considered Felonies?

In the middle ages, when the law was just starting to be defined, felonies were defined as crimes against property. To that end, they were fled under instances such as robbery, forcibly taking property, etc. Now, felonies include a blanket of most “serious crimes” in the United States, while misdemeanors include drug possession, vandalism, etc. As a general rule, the “bar” is set with jail time: crimes with penalties of one year of jail time or less are considered misdemeanors, while crimes with more than a year of jail time are considered felonies.

Basic Classifications of Violent Crimes and Felonies

Simple assault – In general, simple assault means an attempt to violently commit injury to another person. In some cases, inappropriate touching or an intimidating invasion of space may be considered simple assault.

Aggravated Assault – This is a more intense form of assault. A felony aggravated assault typically involves the use of a weapon.

Rape – Rape is involuntary sexual assault, or any involuntary sexual act. Rape may include involuntary sexual acts performed while under the influences of drugs or alcohol. The key to legally defining rape is the legal establishment of a lack of consent.

Robbery – This felony hearkens back to the days of serfdom: robbery is the taking of another’s property by force or by the threat of force. Essentially, if you take something that isn’t yours, you are committing a robbery. Depending on the force used by the perpetrator, this may be classified as a violent crime.

Murder – Murder occurs when an individual takes another’s life outside lawful boundaries. The key to defining a violent crime as murder is a term called “malice aforethought,” which is more commonly discussed as premeditation.

What To Do if You Are Accused of a Violent Crime

If you have been accused of a violent crime, call the experts at the Law Offices of Neil E. Weissman today at (516) 228-3200.

Why A Detective Might Call

The first question that may be running through your mind when the police suddenly enter your life is, “why?” If the police have called and you suspect you may be liable or that the police may be charging you with a crime, or building a case so that you may be charged with a crime, then you would be well advised to consult with a lawyer immediately. If you have no idea why the police would call, then you still might want to bring an attorney in to the mix.

Never Trust What You Know

It doesn’t matter if you may be criminally involved with something or not: never trust what you know. Never assume the police know what you know, or that they are assuming your guilt or innocence. If you do not know exactly why the police are calling, you are entitled to clarification. You may want to gather more information before returning that call from the police.

Never Trust What You Don't Know

If you are unsure why the police would be calling on you, then you should not assume that the matter is ephemeral. You may or may not be accused of a crime; and the police may have a misdirected mission to build a case against you. You may be called upon to give an eyewitness account to the police, and those questions may be barbed so that the police can spin your account as they please. Never trust what you don’t know. Get clarification.

Don’t Ignore the Call

It is a bad idea to ignore a phone call from the police. Whether the phone call involves some innocuous piece of information or revolves around a case that may change your life, you cannot ignore law enforcement. Retain a lawyer, determine your best options, and respond to that message from the police in order to ensure the best possible outcome.

Consult With An Experienced Attorney

As you can see, consulting an attorney is the best practice when you receive a phone call from a detective. Consult with the law offices of Neil E. Weissman at (516) 228-3200 and speak with an experienced attorney that can help you through this process.

Retain a Lawyer Immediately

As illegal immigrants are not United States citizens, many rights reserved for citizens do not apply. An illegal immigrant is not, for instance, entitled to an attorney if arrested for a violation of immigration laws. For this reason, it is vital to retain a lawyer immediately if any arrest occurs. An attorney experienced in the ins and outs of immigration law can act quickly and decisively against the two forces working against the individual: New York Immigration Law and Customs Enforcement.

Bond Laws Apply

Bond laws apply to arrested individuals whether or not they are citizens of the United States. An experienced bond attorney like those found at the law offices of Neil E. Weissman may help navigate the sometimes treacherous waters of bond law as it applies to illegal immigrants, ensuring that the individual in question receives the best possible bond situation.

Double Detention?

However, a double danger exists for illegal immigrants who have been arrested. Once bail is posted on the criminal charge, ICE may step in and request detention of the individual. That means the person in question will step out of custody and step right back into it; facing a new bond hearing, new bond, and more strictures that may prevent release. Keep an experienced immigration lawyer close in order to help work through legal issues in the event of an arrest.

As you can see, there’s a theme here: if you are an illegal immigrant and are dealing with a situation involving arrest or potential arrest, you need a lawyer. Call the law offices of Neil E. Weissman today at (516) 228-3200 for a free consultation. We never charge for a consultation, and we are passionately committed to making sure your case is resolved in your favor.

The Judge’s Presence

When you go to trial in the state of New York, you stand before one judge for the entire process, up to and including sentencing. At the federal level, however, the guilty party will not hear anything about sentencing from a judge until sentencing takes place. The state of New York makes clear the potential consequences of conviction at the outset. The reasons for this may be affected by the point outlined below.

No Guidelines

If the first half of the last decade, the Supreme Court made a decision that pulled the carpet out from under the federal sentencing system. The Supreme Court ruled that federal sentencing guidelines were not to be viewed as guidelines, but as suggestions. Because of this, the judge’s role in sentencing becomes all the more important. Some have accused the federal sentencing process of being extremely subjective because of the Supreme Court Ruling. Many cite statistics and suggest that they indicate a bias based on regional profiling, racial profiling, or other subjective influence that undercuts the principle of justice being blind. In the state of New York, guidelines for sentencing are guidelines: when a judge sentences a party after a conviction, there are hard and fast consequences outlined by the law.

No Parole Board

One major difference between federal and state convictions is the lack of a parole board. In the state of New York, at all levels, sentencing is a flexible process. A judge may pass a sentence based on often rather wide guidelines for punishment. After that sentence is passed, a parole board may modify or ameliorate that sentence. This does not happen in federal cases: there is no parole board, and the sentence that is passed is the sentence that will be served.

If you need help understanding the differences in sentencing between the state of New York and the federal government, call the law offices of Neil E. Weissman today at (516) 228-3200.

Types of Bail

In New York, there are two common methods of getting out of jail before a court case:

Surety Bond: With this type of bond, a bail bondsman essentially charges you an insurance premium. That insurance promises that you will make all your court dates. You pay a bondsman a percentage of the total bail and enjoy the privilege of remaining out of jail during the court process.

Cash Bond: In this case, the judge sets a total cash amount that must be paid before you may be released from jail. In New York, bail may be paid only by cashier’s check or with cash.

Limits on Bail

When a judge sets a bail limit, the process is often extremely subjective. The legal bail limit is often dependent on the offense. For misdemeanors, bail normally tops out at $5,000. For felonies including violent felonies, bail may exceed $30,000 or more. Judges are not required to take your financial circumstances into account when it comes to setting bail limits.

Is Bail Refundable?

Bail is like a deposit. It ensures that you appear in court. If you make all of your required court appearances, whether you are found guilty or not, your bail will be refunded. In most cases, a fee is deducted from the total bail.

Need Help?

If you are dealing with an arrest situation in New York, you need an expert lawyer that can guide you through the whole process, from arrest to bail to trial hearings and more. The judicial process is sobering and complex. Do not go through this emotionally, physically and mentally exhausting process alone. Call the law offices of Neil E. Weissman today at (516) 228-3200. We never charge for a conversation. When you need help through unsure legal times, count on Neil E. Weissman and his team to ensure the best possible outcome.

Surrender

There’s a little voice in all of us that wants to give up immediately if there’s a warrant for our arrest, whether we’re guilty and deserve punishment or not. If you surrender to the police immediately and without consulting with a lawyer, you will most likely put yourself in the hands of strangers who will treat you as if you’re guilty. Diving in without receiving counsel beforehand may not be advisable.

Ignore the Warrant

Some individuals, when faced with a warrant for his or her arrest, may choose to go on as if nothing has happened. If the police show up at their front door and take them into custody, then that’s all she wrote. If you choose to take this route, know that you may be arrested at any time should you be found by law enforcement, even by accident. If you’re pulled over for speeding, for example, and that outstanding warrant is discovered, you may be arrested. In this situation, you’re caught by surprise, and must seek counsel from a lawyer without warning. This is inadvisable.

Take Care of the Warrant at a Courthouse

If there’s a warrant for your arrest due to outstanding fees owed to the government--from parking tickets or child support, for instance--then taking the initiative and setting up a payment plan in the presence of the court may prevent a humiliating, frightening arrest. Obviously, this option would not apply if you’re facing a criminal charge.

Surrender in the Presence of Your Attorney

In many cases, retaining a lawyer to work through the warrant process may be the most advisable course of action. An attorney with the experience necessary to deal with the ins and outs of the law might know options you’d never considered before. You may avoid arrest entirely through the good counsel of your attorney.

Make Sure You’ve Got Someone on Your Side

If you are facing an arrest warrant in New York, call the law offices of Neil E. Weissman at (516) 228-3200. Neil E. Weissman has the experience you need to navigate this difficult and unsure time in your life.

The first trait you’re looking for in a lawyer is experience. How long has your attorney been in practice? What is your attorney’s record when it comes to drunk driving cases? If you have a family attorney that you’re used to dealing with, beware: the law is an intricate and vast field; a family lawyer may not be the driving while intoxicated attorney you’re looking for.

Confidence

When you meet your potential new attorney for the first time, that attorney should express confidence that radiates from experience. Don’t trust empty, salesman-like swagger. Look for the voice of victory, a voice that reflects decades of driving while intoxicated attorney experience.

Transparency

By the end of your first meeting with your attorney, you should have a clear sense of what to expect during the coming weeks, months or perhaps years. Your attorney should be honest with you about what you may be facing. While no attorney should be able to promise an acquittal after the first meeting, you should at least have all your cards on the table.

Rapport

Your driving while intoxicated attorney is your first, best step toward victory as you stare down that DWI charge. You should feel confident that your attorney will help you weather the storm. The amount of trust that a client places in an attorney should be total. Trust your instincts; most of the time you’ll be right. If you can’t develop a comfortable rapport with your potential driving while intoxicated attorney, then don’t move forward.

Selecting a driving while intoxicated attorney is one of the most important decisions of your life. Be sure to call the law offices of Neil E. Weissman at (516) 228-3200 for a free conversation regarding your New York DWI case. We never charge for a conversation. We just point you in the right direction, enabling you to tackle your DUI case with confidence.

Increased Penalties

As is to be expected, the state of New York’s driving while intoxicated laws are far more strict for commercial drivers. The legal blood alcohol content level required for a drunk driving charge is 0.04% for commercial drivers. If a commercial driver is convicted, than the individual convicted will be banned from commercial driving for one year minimum. This is a hefty penalty for those whose livelihood depends on that driver’s license.

When Do I Need a Lawyer?

If you’re reading this blog post and you’re involved in a DUI charge, then you need a lawyer now. An expert in New York driving while intoxicated laws will help you, as quickly as possible, prepare to defend yourself in the event that you go to court for this charge. It’s important to contact an attorney while the arrest event is still fresh in your mind in order to receive the best possible defense.

What Should I Do To Defend Myself?

After immediately calling a drunk driving attorney New York, you should write down as much pertinent information as possible. Write down all the details you can muster. In many cases, attorneys involved in a commercial drunk driving case will attack the manner in which the breathalyzer test was administered. Details become especially important in these cases.

How Should I Behave If I’m Pulled Over?

The best advisable manner to act in the event you are pulled over, as a commercial driver, on suspicion of drunk driving is to comply with the officer’s directives. New York, like every state in the Union, is an implied consent state: the law reads that you imply consent to a breathalyzer test when you receive your driver’s license. Be kind. Be courteous. Be ready to take down those details if you feel you may receive a drunk driving charge.

If you are a New York commercial driver facing a drunk driving charge, then make sure you have the best expert on driving while intoxicated laws available. That expert is Neil E. Weissman. Call for a free consultation today at (516) 228-3200.

Preparing to defend yourself in the event of a DUI charge should be done with careful thought and consideration. The most common defense used in DUI cases inNew York tends to be an attack on the breathalyzer test. Let’s take a look at how DUI defense may analyze a breathalyzer test that results in a DUI charge.

Question the Breathalyzer Device

A breathalyzer test may be simple, but the devices used to measure your blood alcohol content aren’t. Each breathalyzer is set up with a standard calibration with a presumed average blood alcohol level in your body. If that calibration is off, then your breathalyzer test, often the crux of a New York DUI charge, is inadmissible. Criminal defense information experts normally attack the breathalyzer test during defense procedures.

Question the Defendant’s Condition

Every human body is different. Individuals that drive the New York streets come in all shapes, sizes, body types, and blood chemistries. A breathalyzer test is normally calibrated to test what scientists have determined is the average human being. The defendant’s condition may not be average. Some individuals have high hematocrit levels that may throw off the test. Sometimes there may have been more alcohol in the defendant’s mouth than in the bloodstream. In addition, blood alcohol content may have risen after the defendant was pulled over, implying that the body’s BAC was below prosecutable levels while the defendant was driving.

Question the Officer’s Behavior

In some cases, officers may be administering blood alcohol content tests without certification. The officer may also have administered the test in such a manner as to render the BAC test inadmissible. In these cases, the breathalyzer test cannot be included as evidence against the defendant.

No matter the severity of the charge, every DUI should be defended with the best New York DUI lawyer available. A good attorney will leverage the best criminal defense information out there to ensure you receive your victorious day in court. Do you need a New York DUI lawyer? Call the law offices of Neil E. Weissmann at (516) 228-3200 for a free consultation.

You check your rearview: flashing lights. Great. It’s time to pull over. Whether you are intoxicated or not, you will have to face interrogation by a New York police officer. What do you do? How do you behave? Read on for some best practices and consequences to think about in the event you are pulled over for drunk driving. Either way, DUI legal advice is best sought through the counsel of a competent attorney.

Should You Answer the Officer’s Questions?

Best Practice – You are not legally obligated to answer questions the officer asks. You are not required to state whether you are drunk or not. You are not required to state whether or not you knew you were speeding, driving strangely, etc. However, being polite is the best practice when dealing with police officers.

Consequences for Refusal – While you are not legally required to answer the officer’s questions, refusal may elevate the officer’s suspicion that you were driving while intoxicated or performing some other illegal activity.

Should You Take Field Sobriety Tests?

Best Practice – Field sobriety tests include walking in a straight line, touching your finger to your nose with your arms outstretched, etc. You are not legally obligated to comply with the officer’s request for a field sobriety test. It may be advisable to comply, however, especially if you are not intoxicated. Remember that politeness is the best way to remain on a police officer’s good side.

Consequences for Refusal – Again, you should receive no legal consequences for polite refusal to take a field sobriety test. However, the test outlined below is legally required. Proper DUI legal advice would state that refusal to answer the officer’s questions, or to participate in a field sobriety test, likely will lead to a breathalyzer test.

Are You Obligated to Take a Breathalyzer Test?

Best Practice – New York is an implied consent state. That means that when you received your driver’s license, the law is worded in such a manner that you gave your legal consent to a breathalyzer test when requested by police. Most attorneys attack the breathalyzer test and method when defending individuals accused of drunk driving. It is therefore advisable to comply with the officer’s instructions to take a breathalyzer test, whether you indeed are intoxicated or not, according to good DUI legal advice.

Consequences for Refusal – In the state of New York, refusal to take a breathalyzer typically results in automatic suspension of the individual’s driver’s license.

If you were pulled over on suspicion of drunk driving in Long Island, call the Law Offices of Neil E. Weissman at (516) 228-3200 for a free consultation today.