What Is Considered Police Abuse Under New York Law?

One form of police abuse is called “Excessive Force” which is when police officers use physical force against someone in excess of what is reasonable under the circumstances. A reasonable amount of force may be used to maintain physical control over someone that the police are taking into custody, however, it can’t become just a way of punishing someone by physically injuring them. Other forms of police abuse include False Arrest, False Imprisonment, and Malicious Prosecution. 

All forms of police abuse involve the police violating someone’s rights. Generally, however, when someone is speaking about police abuse, they mean physical abuse in the form of Excessive Force. This can take the form of being struck, pushed, slapped, or otherwise physically assaulted. In more extreme cases, Excessive Force can include assault with a baton, Taser, or firearm resulting in serious injury or even death. Police departments vary widely as to the extent and quality of the training they provide officers in the appropriate use of force and all too often do not sufficiently discipline officers with a history of using excessive force.

If you or your loved one have been a victim of police abuse, it is crucial to seek legal assistance immediately. At the Law Offices of Jason Bassett, we are committed to fighting for your rights and seeking justice on your behalf. Experienced Long Island criminal defense attorney Jason Bassett has a deep understanding of New York law and can thoroughly investigate the incident, gather evidence, and build a strong case to hold those responsible for the abuse accountable for their actions. Contact us at (631) 259-6060 and let us provide the support and representation you deserve.

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How Can I Prove That Police Used Excessive Force When They Hold All The Evidence?

Once a lawsuit against the police for excessive force is initiated, a victim plaintiff has certain rights to discovery. Discovery includes the right to demand that the police provide certain items of evidence including documents, reports, records, and recordings. The victim’s lawyer can question police by demanding answers to written questions as well as during questioning of police officers in person under oath at depositions. Evidence can also be obtained through other sources, including medical records, witness interviews, cell phone videos, and security camera recordings. An attorney experienced at bringing Excessive Force lawsuits knows where to look for proof and how to force the police department and other parties to provide the evidence needed to prevail.

What Factors Are Weighed When Deciding Whether An Officer Has Used Excessive Force?

A police officer is generally allowed to use a reasonable amount of force to place someone in custody. What is considered the appropriate amount of force depends on the particular circumstances involved and is done on a case-by-case basis. Factors that are considered include the severity of the underlying crime or circumstances, whether the person was attempting to resist arrest or flee, whether or not that person was posing a physical threat to the safety of the police officers, whether the person was already in custody (for example, in handcuffs), whether appropriate warnings were given before the police use of force.

What Constitutes A False Arrest? How Do You Prove It?

False Arrest is a claim made that the police arrested someone when they knew or should have (or easily could have) known that there was no probable cause for the arrest. “Probable Cause” is often defined as facts sufficient to cause a reasonable person to believe that a crime had been committed. In order to be able to pursue a False Arrest claim, the person arrested must not have been later convicted either by plea or after trial. Proving a False Arrest claim involves examining what information was available to the police at the time of the arrest either through eyewitnesses, physical evidence, or police databases.

How Do I Sue the Police for Violating Civil Rights?

When taking legal action against the NYPD, there are several stages your case will typically go through: notice of claim, pleadings, discovery, settlement negotiations, and trial.

• Notice of Claim: In order to initiate a lawsuit against the NYPD, it is necessary to commence by filing a notice of claim. This entails formally notifying the New York City Comptroller’s Office within 90 days of the incident. This notice is a requirement for claims against the NYPD under state law and operates independently of the statute of limitations in New York. Its purpose is to provide the NYPD with an opportunity to preserve pertinent evidence, such as body camera footage. It is crucial to adhere to the 90-day notice rule, as failure to do so may lead to the dismissal of your lawsuit, except in specific exceptional circumstances.
• Pleadings: Once the notice of claim has been filed, your lawsuit officially commences when your attorney submits a complaint to the court. The complaint outlines all the legal claims you are asserting against the NYPD, encompassing both factual and legal assertions. Upon receiving the complaint, the defendants (NYPD and its officers) will file an “answer,” which serves as their response to the allegations in the complaint. In the answer, they may admit or deny the stated allegations and may also assert defenses.
• Discovery: During the discovery stage, both parties exchange relevant information, a process that can be time-consuming. This stage involves conducting depositions, where witnesses provide sworn testimony, and potentially issuing subpoenas to obtain records from various entities. By the conclusion of the discovery stage, both sides should have a more comprehensive understanding of the events surrounding the incident.
• Motions: At this point, both sides may file legal motions addressing the facts that have emerged during the discovery process. Typically, the defendant will file a motion to dismiss the case. If the judge denies the motion and the defendant does not make an acceptable settlement offer, the case will proceed to trial.
• Settlement Negotiations: Settlement negotiations can take place at any stage of the case, but they often carry more weight after the discovery process. Armed with a better understanding of the case’s value, both sides engage in negotiations. Defendants may choose to settle early if they anticipate greater damages emerging from the discovery process, while plaintiffs may seek early settlements if they do not expect the case’s value to increase.
• Trial: In a trial, a jury assesses whether you have successfully proven that the police violated your rights. If the jury rules in your favor, they will determine the amount of compensation that the police must provide for their misconduct.

Consulting with a qualified attorney is crucial when dealing with legal matters, particularly those involving civil rights violations. At the Law Offices of Jason Bassett, our experienced Long Island criminal defense attorney possesses the necessary knowledge of relevant laws, precedents, and strategies to effectively advocate for your rights and maximize your chances of obtaining a favorable outcome. Get in touch with us now to arrange a free consultation.

Stages for Suing the Police for Violating Civil Rights	Description
Notice of Claim	Filing a formal notice with the New York City Comptroller’s Office within 90 days of the incident to initiate the lawsuit.
Pleadings	Submitting a complaint outlining legal claims against the NYPD, followed by the defendants filing an “answer” in response.
Discovery	Exchanging relevant information, conducting depositions, and issuing subpoenas to obtain records during this time-consuming stage.
Motions	Filing legal motions, such as a motion to dismiss the case, based on facts revealed during the discovery process.
Settlement Negotiations	Engaging in negotiations for a potential settlement at any stage, with more weight often given after the discovery process.
Trial	Presenting the case before a jury, who assess whether the police violated civil rights and determine compensation for any misconduct found.

Is A Video Of An Interrogation Where I Repeatedly Say No and Then Confess Under Duress Enough To Show I Was Being Harassed?

Typically when an interrogation by the police takes place, the police claim to have had probable cause to take the person into custody. If the police did in fact have probable cause to take the person into custody, then there wouldn’t be a valid claim of False Arrest. Just the fact alone that a person repeatedly said no and then finally confessed wouldn’t be enough to give them a case against the police officers involved. If it can be shown, however, that the police placed the person interrogated under duress thru illegal tactics such as physical force, intimidation, or coercion, a successful action could be brought against the officers.

For more information on Police Abuse In The State Of New York, a free initial consultation is your next best step. Contact us and get the information and legal answers you are seeking by calling (631) 259-6060 today.

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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 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.

If you are facing charges related to a robbery in New York, it is crucial to understand the legal definition of this offense. At the Law Offices of Jason Bassett, our experienced Long Island robbery lawyer, Jason Bassett, has a deep understanding of New York State’s criminal laws and will provide you with strong legal representation. Contact us today at (631) 259-6060 to discuss your case and protect your rights.

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.

Strong Armed Robbery Definition

As per the provisions of the New York Penal Law, there exist three separate categories of robbery offenses, namely third-degree robbery, second-degree robbery, and first-degree robbery. All of these offenses involve the act of forcefully taking someone’s property. However, the severity of the charge increases if certain factors are present, such as the use of a weapon, physical injury to the victim, or assistance from another person.

Robbery in the First Degree (N.Y. Penal Law § 160.15) 

The most severe accusation is first-degree robbery, which is applicable when a robbery occurs and satisfies any of the subsequent conditions:

• Causing significant bodily harm to the victim or a third party.
• Possessing a lethal weapon.
• Utilizing or expressing the intention to employ a hazardous instrument.
• Exhibiting what appears to be a firearm such as a pistol, revolver, rifle, shotgun, machine gun, or similar weapon.

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Robbery in the Second Degree (N.Y. Penal Law § 160.10) 

Robbery in the second degree is applicable when committing the act of forcefully taking someone’s property while being aided by another person present during the robbery. This is known as accomplice liability. Robbery in the second degree also applies if a gun or firearm is displayed, or if physical injury is caused to the victim or a third party. Additionally, stealing a vehicle automatically results in at least a charge of robbery in the second degree. A firearm encompasses pistols, revolvers, rifles, shotguns, and machine guns.

Robbery in the Third Degree (N.Y. Penal Law § 160.05)

Robbery in the third degree is charged when, during the act of larceny, physical force or the threat of physical force is used to prevent the victim from resisting or to compel them to hand over the property.

If you are charged with robbery in New York, it is important to consult a Long Island robbery lawyer who is knowledgeable about the intricacies of the New York Penal Law and experienced in defending against robbery charges. The Law Offices of Jason Bassett can assess the evidence against you, develop a strategic defense strategy, and advocate for your rights in court. Get in touch with us now to arrange a free consultation.

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.

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

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.

Defenses

One defense to a first-degree charge of robbery would be that you did not possess a deadly weapon or dangerous instrument. The statute provides very clear definitions of deadly weapons and dangerous tools. A prosecutor may find it difficult to convince the court that a weapon is dangerous or deathly if the victim was threatened by a non-serrated dull-edged knife. But, even if the victim is convinced that you have a deadly tool, they could still be prosecuted.

Sentence

Robbery of the first degree, a class B felon, is subject to a maximum 25-year sentence. The judge will consider your prior criminal records and any aggravating, or mitigating aspects of your robbery. A judge may still sentence you to 5 years imprisonment even if you have not been convicted of any offenses in your past. Because assault in the first degree is also a violent felony, A court must sentence you to at minimum 8 years if your classification is non-violent. You will not be allowed to be convicted if your classification is violent.

Related Collateral And Offenses Issues

A misunderstanding that becomes physical can lead to a misdemeanor theft offense like Petit Larceny becoming a felony Robbery. However, skilled criminal lawyers representing clients in such arrests routinely find clients facing additional charges, including assault, Grand Larceny, and Criminal Possession of Stolen Property.

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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When Does Sentencing Occur If I Am Found Guilty Or Take A Plea Offer?

Once a defendant is either convicted or has pleaded guilty as part of a plea bargain, it is customary for them to be interviewed by a government agency. In New York cases, this responsibility falls on the Department of Probation, whereas at the Federal level, the Pretrial Services Agency is tasked with conducting the interview. During these interviews, the defendant’s information is gathered, and a written report is prepared and submitted to the relevant Court. The main purpose of this report is to aid the Judge in determining a suitable sentence by providing details about the defendant’s background and the consequences of the crime(s) on the victims involved.

If you are facing criminal charges and require legal representation, it is crucial to contact a Suffolk County criminal defense attorney. At the Law Offices of Jason Bassett, our skilled criminal defense attorney Jason Bassett has extensive experience in handling various types of criminal cases and possesses a deep understanding of the complexities of the legal system. Our team is dedicated to protecting your rights and interests. To schedule a consultation, please reach us at (631) 259-6060.

What Happens On The Day of Sentencing?

At the Sentencing, the Judge will review the report which will be made available to both the prosecutor and the defense attorney. Both sides will argue for what they feel is the appropriate sentence pursuant to the law. Especially in cases with a plea bargain, it is important to make certain you are not accused of any offenses between the plea date and the sentencing date. If you are accused of another crime between the plea and the sentencing date, the judge does not have to honor the sentence that was promised in your plea bargain and can sentence you up to the maximum allowed by statute.

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Do You Go Straight to Jail After Sentencing?

After the judge hands down a sentence, the subsequent course of events depends on the specific terms of the sentence. If the sentence includes a period of imprisonment, the defendants are typically taken into custody right after the sentencing to await transportation to a correctional facility. In this case, they would go directly to jail.

Conversely, if the sentence involves probation or treatment, the defendant must coordinate with the relevant authorities to fulfill the requirements of the sentence. This process entails scheduling and making arrangements for supervised probation or enrollment in specific programs as ordered by the judge.

When determining the appropriate sentence, judges often rely on a pre-sentence investigation report (PSI or PSIR) prepared by the probation department. This report presents the judge with details regarding the defendant’s personal history, the type of offense committed, and their conduct. The judge takes this report into account when deciding whether to impose imprisonment or probation. In the event that the judge issues a prison sentence, it is possible for the defendant to be promptly placed under arrest following the conclusion of the sentencing hearing, potentially accompanied by the use of handcuffs by a courtroom officer.

It’s important to note that the specific procedures may vary depending on the circumstances of the case, the judge’s discretion, and any applicable laws or regulations. Therefore, it’s recommended to consult with an experienced Suffolk County criminal defense attorney regarding the sentencing process in New York. Contact the Law Offices of Jason Bassett for a consultation. Our team can provide you with updated and accurate information regarding your case and provide quality legal representation.

Are There Any Alternative Sentencing Programs For First Time Offenders In State Or Federal Court?

There are many alternative sentencing programs for first-time offenders and even for individuals with prior offenses. Many of these programs involve drug rehabilitation for individuals with a demonstrated problem with substance abuse. For charges under New York State Law, programs include the Judicial Diversion Program, the Willard Drug Rehabilitation Program, and the Shock Program. In the Federal Courts, there are programs such as the RDAP Program. If you have a demonstrated problem with drugs or alcohol and you qualify to participate, the RDAP Program can greatly reduce your sentence.

Sentencing Programs for Offenders in New York	Description
Judicial Diversion Program	Program for first-time offenders under New York State Law that involves drug rehabilitation.
Willard Drug Rehabilitation Programs	Drug rehabilitation programs available for first-time offenders in New York State.
Shock Program	Program under New York State Law aimed at addressing substance abuse issues for offenders.
RDAP Program	Alternative program in Federal Courts that focuses on drug rehabilitation and sentence reduction.

What Should I Know If Probation Is A Part Of My Sentence?

If you are sentenced to probation, it’s important to realize that you have to abide by all the conditions of probation or you can be brought back to court and resentenced to jail time. Probation Officers are incredibly overworked people. They get a pile of new probationers every day, and very soon they have to decide how they’re going to handle each probationer. They can’t possibly closely monitor all of them. Based on their early assessment of the probationer, they have to determine if this is someone they have to really stay on top of or somebody they can give more leeway (e.g., fewer in-person meetings, fewer restrictions, even early release from probation). If you want to be someone they give more leeway, you have to make sure that you show up on time to your appointments, that you aren’t failing any drug tests, that you are not missing any curfews imposed, and that you are presenting yourself as somebody who made a mistake but truly wants to turn your life around. Do these things and you’ll often go from having to report once a week to eventually only having to report once a month. Sometimes that even turns into just a phone call once a month. Very often you’ll even be released from probation early. The single biggest thing you have to understand as a probationer is that your experience on probation is largely up to you. If you really put the time in early on to comply with your Probation Officer you can find that it becomes a lot less difficult in the long run. If you’re making mistakes early on such as picking up minor charges, missing appointments, or failing drug tests then probation is going to be much more intensive and could even result in resentencing and jail.

For more information on Sentencing In A Criminal Case In New York contact us and have a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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Criminally Negligent Homicide in New York

Criminally Negligent Homicide is a charge that is not often discussed but carries serious consequences. The charge is typically levied when a person causes the death of another through their own inaction or recklessness. This type of homicide is looked upon harshly in Suffolk County, Long Island, and can be punished by imprisonment, probation, and hefty fines. The charge of Criminally Negligent Homicide is a serious matter and one that should not be taken lightly. 

Speaking to a skilled criminal defense lawyer can be helpful to your case if you are facing charges of Criminally Negligent Homicide. They have the legal knowledge and skills needed to get a favorable outcome. Before speaking to one, it would be helpful to prepare a set of questions to ask your lawyer. 

Experienced Suffolk County criminal defense lawyer Jason Bassett has years of experience fighting to protect the rights of those who are facing charges of Criminally Negligent Homicide in New York. Contact us today at (631) 259-6060 to schedule a free consultation regarding your case. 

What is Criminally Negligent Homicide? 

According to New York Penal Law § 125.10, Criminally Negligent Homicide occurs when a person causes the death of another individual by failing to perceive a substantial and unjustifiable risk that their actions or inactions would result in death. This charge is often applied when the perpetrator did not intend to kill the victim, but their recklessness or negligence led to the victim’s death. 

It is considered a class E Felony and carries a maximum sentence of four years in prison. To be convicted of Criminally Negligent Homicide, the prosecution must prove that the offender’s actions deviated widely from the reasonable person standard and that the offender’s conduct was the proximate cause of the victim’s death. 

The definition of Criminally Negligent Homicide is essential to understanding the nature of this offense. While not as severe as Murder or Manslaughter, it can still have severe consequences for those found guilty. It is often difficult to navigate the line between culpability and innocent mistakes or bad luck. Nevertheless, it is essential that society holds individuals accountable for actions that lead to another’s death, even if the offender did not intend to cause harm. 

Penalties for Criminally Negligent Homicide

Penalties for Criminally Negligent Homicide on Long Island may vary depending on the particular circumstances surrounding the crime. Since it is classified as a Class E felony, the penalties may include up to four years of imprisonment, followed by five years of probation. A fine may also be added, not exceeding $5,000. However, if the offender is a habitual felon, they could face a Class D felony, which is punishable by a maximum of seven years in jail and a fine not exceeding $5,000. 

There are also instances where the offender may face a Class C felony, including causing a fatality while driving under the influence of drugs or alcohol and leaving the scene of a fatal accident, among others. The penalties may then increase to at least 15 years in jail, followed by five years of probation, and a fine not exceeding $15,000.

Since Criminally Negligent Homicide is a serious crime, it is recommended that those accused of such charges seek legal assistance from an experienced attorney who can provide legal advice concerning their rights and represent their best interests in a court of law.

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Police Procedures in Investigating Criminally Negligent Homicide

The investigation of Criminally Negligent Homicide cases by the police includes a thorough examination of the crime scene and the gathering of evidence. The police must collect and preserve any physical evidence that can aid in identifying and proving negligence on the part of the offender. This may involve the use of forensic science techniques such as DNA analysis, fingerprint examination, and ballistics testing to link the suspect to the crime. 

Additionally, the police may conduct interviews with witnesses, family members, and friends of the victim to gather information that can help identify potential suspects. The process of conducting an investigation is complex and requires a significant amount of time and resources. It involves collaboration between different law enforcement agencies and forensic experts to ensure the collection and preservation of evidence and the prosecution of those responsible for the crime.

Role of Forensic Evidence in Criminally Negligent Homicide Cases

Forensic evidence plays a crucial role in Criminally Negligent Homicide cases. This type of evidence is often used to establish the cause of death and the manner in which the crime was committed. Forensic experts rely on scientific methods to examine and analyze physical evidence found at the scene of the crime, such as DNA, fingerprints, and blood splatter patterns, to name a few. These methods help to identify and link suspects to the crime scene.

In addition to physical evidence, forensic experts also analyze digital evidence, such as surveillance footage, phone records, and social media activity. This type of evidence can provide valuable information about the suspect’s movements and interactions leading up to and after the crime. Forensic evidence can also be used to rule out suspects who may have been wrongly accused.

Trial Process for Criminally Negligent Homicide Cases

During the trial process for Criminally Negligent Homicide cases, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant was criminally negligent and that their actions caused the death of the victim. 

The prosecution’s case will likely rely on eyewitness testimonies, expert opinions, physical evidence, and any relevant documents. They may also call upon law enforcement officials and medical examiners to provide insight into the cause of death and the defendant’s state of mind at the time of the incident. 

The defense, on the other hand, will attempt to establish doubt in the prosecution’s case by challenging the credibility of the witnesses, poking holes in the evidence presented, and presenting alternative theories of what actually happened.

If the jury returns a verdict of guilty, the defendant may face fines and imprisonment. However, if they are found not guilty, they will be acquitted of the charges and will not be held liable for the victim’s death.

It is important to note that every case is unique, and the trial process for Criminally Negligent Homicide cases can vary depending on the specific circumstances of each incident. 

Possible Defenses for Criminally Negligent Homicide Charges

In New York, Criminally Negligent Homicide charges are taken seriously. If you are facing this type of charge, it is important to speak to an experienced attorney to establish a robust legal defense strategy tailored to your case. While the specifics of each case can vary, common defenses for Criminally Negligent Homicide include:

• Lack of awareness: The defendant was unaware of the danger posed by their actions, demonstrating a lack of knowledge or experience to recognize the potential risks involved.
• Absence of causation: The defendant’s conduct did not directly cause the victim’s death. Other factors, such as the victim’s preexisting conditions or the actions of third parties, can be argued to be responsible for the fatal outcome.
• No proximate cause: The defendant claims that their actions were not the immediate cause of the victim’s death. They argue that intervening factors were significant enough to break the causal chain, thereby diminishing their criminal liability.
• Assumption of risk: The victim willingly accepted the danger presented by the defendant’s conduct, acknowledging and assuming the risk of injury or death.
• Victim’s negligence or recklessness: The defense asserts that the victim’s own negligent or reckless behavior contributed to their death, thereby relieving the defendant of criminal responsibility.
• Self-defense or defense of others: The defendant argues that they acted to protect themselves or others from imminent harm, believing they were in danger at the time of the incident.

While these defenses are available to defendants in Criminally Negligent Homicide cases, it is important to note that they may not always be successful. The success of a defense often hinges on the specific facts of the case and the strength of the evidence presented by each side. 

Defendants may face additional legal and practical challenges in raising certain defenses, particularly those that require showing the victim’s negligence or recklessness or the defendant’s knowledge or experience.

Possible Defenses for Criminally Negligent Homicide Charges	Description
Lack of awareness	The defendant demonstrates a lack of knowledge or experience to recognize the potential risks involved in their actions, showing they were unaware of the danger posed.
Absence of causation	The defendant’s conduct did not directly cause the victim’s death. Other factors, such as the victim’s preexisting conditions or the actions of third parties, can be argued to be responsible for the fatal outcome.
No proximate cause	The defendant claims their actions were not the immediate cause of the victim’s death. They argue that intervening factors were significant enough to break the causal chain, thereby diminishing their criminal liability.
Assumption of risk	The victim willingly accepted the danger presented by the defendant’s conduct, acknowledging and assuming the risk of injury or death.
Victim’s negligence or recklessness	The defense asserts that the victim’s own negligent or reckless behavior contributed to their death, thereby relieving the defendant of criminal responsibility.
Self-defense or defense of others	The defendant argues that they acted to protect themselves or others from imminent harm, believing they were in danger at the time of the incident.

Speaking to an Experienced Criminal Defense Lawyer on Long Island

Criminally Negligent Homicide carries potential sentences ranging from 7 to 15 years in prison, along with various other repercussions. If you or a loved one is facing charges related to Criminally Negligent Homicide, it is crucial to take every possible measure to safeguard your reputation and your freedom.

Distinguished Long Island criminal defense attorney Jason Bassett, Esq. has a proven track record of successfully defending clients against Criminally Negligent Homicide charges. At the Law Offices of Jason Bassett, P.C., our team of legal professionals understands the essential elements required to provide you with the strongest possible defense for your case. With conveniently located local offices providing legal advice in criminal law, we stand ready to assist you or your loved ones.

Contact us today at (631) 259-6060 to schedule a free consultation regarding your case. 

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Aggravated Identity Theft in New York

The increasing prevalence of aggravated identity theft in New York has drawn significant attention to the complexities and intricacies surrounding its legal implications. Allegations of this crime often result in severe penalties and extensive damage to the accused’s reputation. In such scenarios, where the stakes are incredibly high, the help of a strong defense attorney becomes crucial. Aggravated identity theft, with its tangled web of federal and state laws, demands an in-depth understanding of the legal framework and a keen eye for evidentiary detail. It is not a simple matter of “theft” as it might traditionally be understood, but a more complex interaction of privacy rights, digital forensics, and criminal intent.

This is where the experience of a New York identity theft defense lawyer becomes invaluable. These legal professionals can help not only in interpreting the intricate layers of the laws relating to identity theft but also in formulating robust defense strategies for the accused. Experienced New York criminal defense attorney Jason Bassett may be able to guide you through the potentially overwhelming process, providing counsel on your rights and possible courses of action. For anyone facing charges of aggravated identity theft in New York, call the Law Offices of Jason Bassett, P.C. at (631) 259-6060.

Definition of Aggravated Identity Theft

Aggravated identity theft is a more serious form of identity theft where the offender commits additional crimes or causes significant harm to the victim. It is a criminal offense in which an individual knowingly and intentionally acquires another person’s personal and identification information without consent and with the intent to commit a crime. In the context of aggravated identity theft, the criminal act goes beyond obtaining unauthorized access to the victim’s data and typically involves the offender using the stolen information to commit additional offenses, resulting in severe consequences for the victim.

Aggravated Identity Theft under New York State Law

Under New York Penal Law § 190.80-A, aggravated identity theft occurs when an individual intentionally and knowingly assumes someone else’s identity or uses their personal identifying information for fraudulent purposes. This offense becomes particularly serious if the perpetrator is aware that the person being impersonated is a member of the armed forces deployed outside of the continental United States. In such cases, if the perpetrator obtains goods, money, property, services, or uses credit exceeding a total value of five hundred dollars under the military personnel’s identity, or causes financial harm to the impersonated military member exceeding five hundred dollars, it constitutes aggravated identity theft.

Aggravated identity theft is categorized as a Class D felony. Those found guilty of this crime can receive a prison sentence ranging from one to seven years, depending on various factors such as the severity of the offense, the perpetrator’s previous criminal history, and any other relevant circumstances that may aggravate or mitigate the sentence.

It is worth noting that in certain situations, at the discretion of the judge and considering the specific details of the case, some offenders may be eligible for alternative sentencing options like community service or probation as alternatives to imprisonment.

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Aggravated Identity Theft Under Federal Law

The United States established the law of aggravated identity theft in 2004, as outlined in 18 USC 1028A. This law makes it illegal to utilize someone else’s identifying information under two circumstances. Firstly, it is prohibited when connected to specific federal crimes, and secondly, when linked to acts of terrorism.

According to Section 1028(a)(7), identity theft occurs when an individual intentionally acquires, possesses, or uses another person’s identification details without lawful permission, with the intention to assist, encourage, or commit any illegal activity that violates Federal law or qualifies as a felony under relevant State or local law.

Under the provisions of 18 USC 1028A, federal courts are required to impose a mandatory two-year prison sentence on the defendant, to be served consecutively after the sentence for the primary crime. The sentencing guidelines for such cases are provided in Section 1028(b). This law prohibits judges from allowing the sentences to run concurrently; instead, they must order the sentences to be served successively. Therefore, regardless of the sentence for the primary crime, an individual convicted of aggravated identity theft must serve an additional two-year term following the completion of the original sentence.

Moreover, federal law prohibits judges from reducing the sentence for the primary crime to accommodate the extra two-year sentence for aggravated identity theft. The only exception to this rule applies when a defendant has multiple convictions for aggravated identity theft. In such cases, each additional two-year sentence can be served concurrently, but only after the completion of the sentence for the primary crime.

Penalties for Aggravated Identity Theft

Aggravated identity theft occurs when an individual knowingly and intentionally uses another person’s identity to commit a felony under state or federal law. The penalties for aggravated identity theft vary and often depend on the specific facts of each case. 

New York State Penalties

Identity theft, categorized as a Class D felony when classified as a first-degree or aggravated offense, is a grave matter that carries significant legal consequences. These offenses are considered highly serious due to the immense impact they have on the lives of the victims. The law mandates strict punishments for such acts, including the possibility of imprisonment. In the most severe instances, individuals found guilty may face a maximum prison sentence of seven years, underscoring the gravity of these crimes and their potential long-term ramifications.

In addition to potential incarceration, substantial financial penalties are imposed on those convicted of identity theft. The exact amount of the fine, which can go up to $5,000, depends on the severity of the offense and the surrounding circumstances. Alternatively, if the defendant has profited substantially from their criminal actions, the fine may be doubled to match their ill-gotten gains. This provision aims to discourage potential offenders by ensuring that they could end up paying considerably more than what they unlawfully acquired.

Federal Penalties

The sentencing guidelines for aggravated identity theft, outlined in 18 U.S.C. 1028A, differ from those applied to most federal offenses. Instead of a range of potential sentences, this particular crime carries a fixed sentence. For a foundational felony offense, the punishment for federal aggravated identity theft is 24 months. However, if the crime is connected to federal terrorism, the penalty escalates to 60 months.

Additionally, it’s important to note that the prison term for aggravated identity theft is served consecutively with any other sentence. In other words, if an individual is convicted of federal aggravated identity theft along with another crime, they must first complete the sentence for the additional crime before serving the 24 or 60 months for Aggravated Identity Theft as stipulated in 18 U.S.C. 1028A.

This differs from the typical approach for multiple sentences in federal crimes, where sentences are usually served concurrently, meaning they are served simultaneously.

Defenses to Aggravated Identity Theft Charges

Aggravated identity theft is a serious crime with severe penalties. It occurs when someone knowingly uses another person’s identification with the intent to commit a felony or when someone illegally uses another person’s identification information to obtain something of value. Several defenses can be used to fight these charges, including lack of knowledge or intent, consent of the victim, police misconduct or constitutional violations, and mistaken identity. 

Lack of Knowledge or Intent

A vital element in prosecuting aggravated identity theft is proving that the accused had knowledge of the crime and intended to commit it. A defense attorney may argue that their client did not realize they were using someone else’s identifying information or did not have the intent to commit a crime while using the stolen identity.

For example, a person may have unknowingly received a credit card issued in someone else’s name and used it without realizing it belonged to another person. In this case, the defendant’s lack of knowledge or intent could be used as a viable defense against charges of aggravated identity theft. Additionally, if a person was coerced into committing the fraud or was unaware that what they were doing was a crime, it could be argued that they did not have the requisite intent.

Consent of the Victim

Identity theft charges can be defended by proving that the alleged victim gave their consent for the use of their personal information. This defense requires evidence that the victim and the defendant had a mutual agreement, which allowed the defendant to use the victim’s identification. If a defendant can show a valid reason for using the victim’s identity and establish that the victim was aware of it, the charges may be dropped or reduced.

However, it is important to note that consent in these cases can be difficult to prove, as it often relies on the credibility of the parties involved. Furthermore, consent does not excuse the defendant from any fraudulent activities or illegal actions taken while using the victim’s identity.

Police Misconduct or Constitutional Violations

Another defense against aggravated identity theft charges involves addressing constitutional violations or police misconduct during the investigation or arrest process. Defendants can challenge the admissibility of evidence obtained through illegal searches, seizures, or other violations of their constitutional rights.

For example, if law enforcement conducted an unlawful search of a suspect’s residence and found incriminating evidence, the defense may argue that the search violated the suspect’s Fourth Amendment rights. If the court agrees, the evidence could be suppressed, making it more difficult for the prosecution to prove its case.

Mistaken Identity

Mistaken identity refers to the possibility that the defendant has been wrongfully accused of committing aggravated identity theft, and someone else is the actual perpetrator. A defendant can argue that they have been mistakenly identified as the person who committed the crime, which could be supported by providing an alibi or disproving the prosecution’s claims.

In some cases, identity theft crimes can be committed by the true criminals using the defendant’s personal information rather than the victim’s. Demonstrating that this occurred can help eradicate the defendant of the criminal charge.

Defenses to Aggravated Identity Theft Charges	Details
Lack of Knowledge or Intent	Accused unaware or lacked intent to commit a crime using stolen identity.
Consent of the Victim	Proving victim’s consent for use of personal information by defendant.
Police Misconduct or Constitutional Violations	Challenging admissibility of evidence due to constitutional violations or police misconduct.
Mistaken Identity	Defendant wrongfully accused, providing alibi or disproving prosecution’s claims.

Getting the Help of a Skilled New York Identity Theft Defense Lawyer

Aggravated identity theft is a complex offense with significant potential consequences, especially in a vast and interconnected city like New York. The allegations and subsequent legal proceedings surrounding this crime can be extremely intricate, placing the accused in a vulnerable position. 

In such situations, the importance of seeking the help of a competent criminal defense lawyer in New York cannot be emphasized enough. Skilled New York identity theft defense lawyer Jason Bassett may be able to advocate for you, offering counsel, and meticulously examining the prosecution’s case. Contact the Law Office of Jason Bassett, P. C. at (631) 259-6060 to schedule a consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/aggravated-identity-theft-in-new-york/ Aggravated Identity Theft in New York

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/aggravated-identity-theft-in-new-york/