What is “Robbery” Under New York State Law?

Criminal terms are often used one way in common everyday language, but under the law, they can mean something different (or at least have a very specific, distinct meaning). As an experienced robbery lawyer, it is my job is to understand the legal nuances of criminal charges and what each means for you if you have been accused of a crime in New York.

What is the Difference Between Theft and Robbery in New York?

The terms “theft” and “robbery” are often used interchangeably in conversation however, they have very different legal definitions under New York law. Whereas theft means that property has been taken from a rightful owner, robbery is generally defined as the taking of property by the use of physical force or the threat of force.

Three Degrees of Robbery

Robbery is considered a felony under New York law and is broken down into three degrees, each a different level of the crime with its own punishments and consequences.

1. Robbery in the Third Degree is a class D non-violent felony and is considered the least serious form of the crime.
2. Robbery in the Second Degree is a class C violent felony and the second most serious robbery charge.
3. Robbery in the First Degree is a class B violent felony and is considered the most serious robbery charge.

While any degree of robbery is serious and carries significant prison time, Robbery in the First Degree carries the most significant penalties and can impact an individual for the rest of their lives, even if it is the first offense.

The Seriousness of a Robbery in the First Degree Charge

If you are accused of stealing from someone while using or displaying a deadly weapon or other dangerous instruments, or having caused serious physical injury while robbing someone, you will be charged with Robbery in the First Degree. As the most serious and violent of all robbery charges, it carries the most severe penalties.

For a first-time offender with no prior felony convictions, a conviction of Robbery in the First Degree will carry a minimum sentence of 5 years in state prison. Depending on the nature of a record of prior felony convictions, the minimum sentence can increase to either 8 or 10 years. Regardless of any criminal history, the maximum sentence is 25 years in state prison. In addition, the Court can order a person convicted of robbery to pay a fine and/or restitution.

Have You Been Mistakenly Identified?

Criminal prosecutors take robbery charges very seriously. Unfortunately, arrests can be riddled with mistakes. There are times when an individual is falsely accused, charged, and even convicted of robbery. This can sometimes happen even though they were never found in possession of stolen property or a weapon and do not even match the description of the robber.

Particularly when a robbery involves multiple people, the police sometimes arrest and charge someone who just happens to be in the immediate vicinity but in fact was just an innocent bystander. Further complicating matters the fact that eyewitness identifications can be highly flawed, especially in cases of robbery. A witness may mistakenly identify someone as the perpetrator of a robbery even when that person didn’t commit the crime. Mistaken identifications can lead to wrongful accusations and convictions.

No matter what degree of robbery you have been charged with, it is an extremely serious charge and can carry prison time. If you have been charged with robbery in New York, you need a skilled robbery lawyer to ensure that you get an experienced and talented legal defense. Contact the law firm of Jason Bassett Criminal Attorney for a free consultation to understand your legal rights.

 

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How Much Does a DWI Conviction Cost in NY?

A DWI conviction in New York is a serious matter. Even if it is the first offense, being convicted of a DWI carries significant costs, both to your wallet and your life. Even after paying fines and other fees, you may be facing consequences affecting your employment, your personal and professional relationships, and your future. If you are facing DWI charges on Long Island, you owe it to yourself to get the legal advice and guidance of an experienced DWI lawyer to help you navigate the legal system. Your lawyer will be able to advise you whether your best recourse is to fight the charges at a trial, try to get the charges dismissed, or negotiate a plea bargain. 

Initial New York DWI Costs, Fines, and Fees

In New York, alcohol-impaired driving typically falls into two main categories. These are

• DWAI, or Driving While Ability Impaired, or
• DWI, or Driving While Intoxicated

Both of these carry their own consequences and fines. For first-time offenders, a DWAI can carry fines between $300 and $500. For a DWI, you may be facing fines between $500 and $1,000 for a first offense.

You can add to that the costs of posting bail, court costs, paying any towing charges you may have incurred, and an impound fee. Depending on your particular situation, this can run into the hundreds or even thousands of dollars in financial costs. 

The Cost of DWI Classes in New York

If you are convicted of a DWI in New York, you will probably be ordered to attend substance abuse classes. These legally required classes do not come without their own financial implications. A substance abuse class in New York can start at $50 per class, with additional fees for substance abuse counseling at around $200. In addition to these, you can end up paying the cost of an alcohol abuse screening, which may also be required. 

The Cost to Your Insurance Premiums After a DWI in New York

After you are convicted of a DWI in New York, your insurance company will see you as a high risk. How big an effect it will have on your individual coverage and premiums will vary depending on who your insurer is and where you live. In most cases, at the very least, there will be a substantial increase in the price of your premiums – on average about $1,500 annually. Your premiums will be impacted by your DWI for about 3 years. 

Other Costs of a DWI in New York

Of course, these are only the financial costs of a DWI in New York. Many employers take a zero policy stance on those who are convicted of a DWI. Even for those whose employment is not directly impacted by a DWI conviction, you should consider the time spent away from work due to court appearances and substance abuse school, not to mention transportation costs if you have had your license suspended.

Because a DWI in New York remains permanently on your record, any future employer will see this when doing a background check. 

Get the Help of a Suffolk County DWI Lawyer

Being convicted of a DWI in New York has many consequences, not the least of which can be financial. If you can get charges dropped, reduced, or dismissed, it is worth your while in terms of your wallet and your future. If you have been charged with a DWI in New York, contact an experienced Long Island DWI lawyer for assistance. Call Jason Bassett Criminal Attorney to schedule a free consultation to understand your options. 

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Long Island Criminal Lawyer Explains: What Is Domestic Violence in New York?

Under New York law, domestic violence includes allegations of “a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.” In many cases, the alleged victim claims to have suffered a series of physical, mental, and emotional abuses by the accused.

Sometimes the person making the accusation was actually the victim of domestic violence, however often one person in a relationship falsely accuses the other of abuse.  Sometimes the motive for a false accusation of domestic violence is jealousy or revenge.  Other times, there is a pending divorce and one spouse accuses the other of domestic violence to gain a tactical advantage.

The state of New York takes allegations of domestic violence very seriously, with prosecutors often seeking the maximum penalties for those who accused of having perpetrated acts of abuse.  If you are facing charges of domestic violence, it is important to speak with a Long Island criminal lawyer before making any decisions.  Call the Law Offices of Jason Bassett today (631) 259-6060.

Domestic Violence Basics

In New York, domestic violence is termed a “family offense” and thus an action can be brought in family court while also charges are brought in criminal court.  The allegations made by an alleged victim of domestic violence can include:

• Physical and sexual assault
• Physical restraint or imprisonment
• Threats of violence
• Psychological threats
• Threats of economic abuse
• Verbal abuse and intimidation
• Stalking
• Harassment

With a varying degree of each carrying different potential sentences, the most common  criminal charges brought in the context of allegations of domestic violence include the following:

• Assault
• Menacing
• Stalking
• Strangulation
• Criminal Obstruction of Breathing
• Harassment
• Criminal Contempt

Depending on a variety of factors, including the degree of injury alleged, domestic violence charges can be misdemeanors or felonies.

What “Intimate Relationships” Are Covered Under Domestic Violence Laws in New York?

When hearing the term “intimate relationship”, most people assume that would only cover people engaged in a sexual relationship.  However, what are considered intimate relationships and thus fall under New York domestic violence laws include the following:

• Married and divorced couples
• Domestic partnerships
• Same-sex couples
• Dating couples
• People who have children in common (including adopted children)
• People who are unrelated but have lived together for an extended period
• Family members who are related by blood
• Family members who are related by marriage

 

New York Domestic Violence Laws

Historically, it was challenging for domestic abuse victims to bring charges against their abusers in New York. Accusations were difficult to prove, and the law offered little protection for a victim after accusations were made and charges were filed.  Recent “reforms” to New York domestic violence, with the intent of giving legitimate victims an easier route to bring charges and seek protection, have unfortunately made it easier to bring false accusations.

An accuser will often (almost automatically) get an order of protection against the accused party, preventing them from returning home or seeing their children. Although these new policies have resulted in much good for victims and families suffering real domestic violence situations, the broad scope of the definition of domestic violence and the mandatory arrest policies enacted have resulted in numerous false charges brought against innocent people.  These well-intentioned reforms have enabled some accusers to make false claims and use the criminal justice system as a weapon to carry out their own personal agenda.

Because domestic violence charges carry severe penalties and may impact an individual for the rest of his or her life, it’s critical for anyone accused to get the representation of an experienced New York domestic violence attorney. If you have been accused of domestic violence in New York, contact the law firm of Jason Bassett Criminal Attorney for a free consultation.

 

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria https://jbassettlaw.com/long-island-criminal-lawyer-explains-what-is-domestic-violence-in-new-york/ Long Island Criminal Lawyer Explains: What Is Domestic Violence in New York?

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