David Mirsky, Author at David M. Mirsky Law Office

What are the Consequences for a Hit & Run on Long Island?

In New York, a driver can face criminal charges even if they were not the liable party in the accident. The law requires all parties to an accident to remain at the scene to provide contact and personal information or call for help if people have been injured.

Sometimes, one might be forced to leave the scene for various reasons, and hit and run charges may be brought against them. The consequences are dire, but a Long Island criminal justice attorney can offer the aggressive defense that can save you from prison, fines, and all manner of repercussions.

How is Hit and Run Classified in New York?

The severity of your hit and run charges depends on the circumstances of the incident. A hit and run defense attorney in Long Island, NY, can listen to the facts of the accident and determine how you should be charged. Your lawyer will make sure that the prosecution does not charge you of a more serious crime than is prescribed in the hit and run statute.

Traffic Violation

Leaving the scene of an accident that only resulted in property damage is a traffic violation. You must have failed to leave behind your insurance information or report to the nearest police station.

Class B Misdemeanor

Failing to provide your details at an accident scene where victims sustained minor injuries is a misdemeanor.

Class E Felony

Leaving a scene where other parties to the accident sustained severe injuries is more serious and is considered a felony.

Class D Felony

If there were fatalities in that scene, the charges brought against you would be a Class D felony.

What are the Penalties for Hit and Run in Long Island?

Defendants should expect higher penalties if the injuries were serious or fatal. But if the injuries were minor or only caused property damage, the consequences might be relatively lower. Ensure that you retain a Long Island hit and run defense attorney that will ensure that your rights are protected and that no one misuses the law to put you down.

Property Damage. The fines should not exceed $250, and the imprisonment should not be more than 15 days.
Failure to Provide Information. Defendants might be required to part with a fine of between $250 and $500.
Serious Injuries Accidents. You should not be imprisoned for more than four years, and the fines should be between $1,000 and $2,500.
Accidents that Resulted in Death. The court can only impose a fine of between $1,000 and $2,500. The prison term should not exceed seven years.

Will I Lose my Driving Privileges After a Hit and Run Incident?

Leaving a scene where an accident victim sustained injuries can result in losing your driving rights for up to a year. Even if there are no injuries from the accident, a CDL driver loses their license automatically by simply leaving the scene.

Regardless of fault or lack of it, the incident can remain in your record for several years. For minor accidents, the record can be removed on the first day of year four. If it resulted in life-altering injuries or death, the records could stay for up to 10 years.

How can a Hit and Run Affect my Insurance Privileges?

Hit and run in New York gives you three points on your driving record. Your current vehicle insurance company might cancel you, and you might be forced to look for a new insurance company.

Notably, your insurance rates will have risen dramatically, and your only option will be to get coverage from a high-risk insurance company. These rates will remain high for several years, and you might struggle to get it back to where it used to be. You can prevent all this trouble by doing everything it takes to beat your hit and run charges.

What Happens if I was Intoxicated During the Hit and Run Incident?

In most hit and run incidents, the law enforcers will try to determine whether the driver that left the scene was intoxicated or not. If they find you quickly, they may conduct chemical tests or ask you to take the breathalyzer test to check your blood alcohol concentration.

The police can also interview witnesses at the scene to determine if your behavior implied drug or alcohol influence. They can also check surveillance videos for such behaviors. And if it is established that the driver was not sober, they can be charged with Driving While Ability Impaired (DWAI), aggravated DWI, or DWI.

Depending on the facts of the case, hit and run DWI can attract other charges. Additional charges may include vehicular manslaughter, vehicular assault, reckless endangerment, and other criminal charges. The charges can be even more severe if you are a repeat offender, but a Long Island hit and run defense attorney can ensure that you get the best outcomes possible.

Can a Defensive Driving Course Improve my Case’s Outcome?

New York offers defendants opportunities to redeem themselves from the severity of the hit and run charges. For instance, the severity of your penalties can reduce if you take up an online defensive driving course approved by the DMV. So, as soon as you are notified of a hit and run charge, consider beginning the online course.

The course will allow you to:

Refresh your driving knowledge
Learn techniques for lawful and safe driving
Prevent the loss of your driving rights

The course is offered under the Point & Insurance Reduction Program (PIRP), and it allows you to subtract up to four points from your driving record upon completion. However, it does not negate your future points. Speaking to a DMV before taking the course ensures that you know exactly how it will benefit your case and your driving record.

Legal Guidance from an Experienced Defense Lawyer

There is a plethora of defenses against hit and run charges. And an experienced criminal defense attorney can examine your case and determine the most appropriate defense for your situation.

Take advantage of the 80 years combined experience of the Mirsky Law Firm to defend yourself. More options are usually available at the early stages of the case. So take action fast.
Schedule a FREE consultation with us today. Talk to us at 516-299-6187 or 718-412-8322.

By David Mirsky|hit and run|Comments Off

What Are the Possible Penalties for an Armed Robbery Conviction in Long Island?

Being unsure about what will happen to you as an accused person can leave you at the mercies of the judicial system. But knowing what your possibilities are, empowers you to explore the options available to you and achieve better outcomes.

As serious as an armed robbery crime might be, getting the least possible sentencing is a win if you could not avoid a conviction. Both the victim and the convict have rights, and a Long Island criminal justice attorney can help you defend yours.

What Makes Armed Robbery the Most Penalized?

The penalties for theft and burglary are less punitive than what convicts receive for armed robbery. Here is why:

The fact that it falls under the category of felonies – and not misdemeanors – shows the seriousness of the charges by law. What’s more, armed robbery is neither a second-degree nor a third-degree offense. It is a first-degree violent crime.
The fact that force was used and the victim endured a serious physical injury that will probably impact their ability to enjoy life and earn an income.
The fact that you threatened to immediately use a deadly weapon on the victim paralyzed them with fear of losing their lives and could have caused emotional and psychological trauma that they may have to deal with for a long time.

How Much Prison Time Can I Receive for Armed Robbery?

Convicts of armed robbery receive a prison sentence of 5 years on the lower side and 25 years on the higher side. The exact number of years you spend in jail depend on:

Mitigating aspects
Aggravating factors
Prior criminal history

Even if you have no prior convictions in your record, the court is still obligated to give you a sentence of at least five years. But if you have a criminal history, your categorization determines the minimum sentence that you can receive. Here are the categories for people with criminal history:

Persistent Felony Offender. If you have two or more prior convictions.
Violent Predicate. If you have been found guilty of a violent felony in the last ten years.
Non-Violent Predicate. If you have been convicted of a non-violent felony within the last ten years.
Prior Convictions. If you have been found guilty of a felony within the past ten years.

A non-violent predicate offender gets at least eight years’ imprisonment, and the violent predicate offender stays in jail for at least ten years. Persistent felony offenders receive a longer sentence of between 20 and 25 years. Remember that you may also get additional charges like assault or criminal possession of property, which can impact your jail term. But a Long Island armed robbery defense attorney can help negotiate for the least possible sentence.

Can I be Required to Pay any Money after Conviction?

Apart from the prison sentence, the court can order you to pay fines, fees, and restitution. Convicts can part with up to $5,000 in fines and up to $15,000 in restitution, or more depending on the specifics of the incident.

Restitution money is meant to cover medical costs incurred by the victim to treat injuries sustained in the robbery incident. It can also cover any other out-of-pocket expenses resulting from the armed robbery, including paying for stolen or damaged property.

You will also have to pay the company tasked with the responsibility of collecting restitution from you. Other expenses include $25 in Victim assistance fee, $300 as a “mandatory surcharge,” and $30 per month in post-release supervision fees.

You might be wondering what can happen if a convict does not pay the fees, fines, or restitution in Long Island. Well, failure to pay is actually a misdemeanor that can earn offenders a year in prison or wage garnishment. But if you are unable to pay, your armed robbery defense attorney in Long Island can negotiate for:

A revocation of the part of the sentencing requiring you to pay a fine, fee, or restitution
The judge to lower the amount you are required to pay
Adjustment of the payment terms

What are the Requirements for Post-Release Supervision?

Many armed robbery convicts get post-release supervision as part of their sentence. It can last for up to 5 years and is usually supervised by the Division of Parole. During the supervision period, you will be required to adhere to a set of rules. For instance, you must:

Have a job
Complete any ordered medical treatment or substance abuse treatment
Refrain from excessive alcohol consumption
Not purchase, possess, or own a gun
Not leave the state without permission
Report regularly to your Parole Officer
Submit to home visits by the Parole Officer
Consent to warrantless searches without probable cause
Not possess drug paraphernalia
Not patronize disreputable or unlawful places
Not associate with people that you know have criminal records
Not break the law

Should you violate any of these requirements, you will be scheduled for a revocation hearing. Your Long Island armed robbery defense attorney can represent you and help you fight for the best outcome. Based on the evidence presented, the judge might:

Allow you to continue with the post-release supervision with the original terms.
Order you to go back to jail and thereafter return to post-release supervision.
Order you to go back to prison, complete the original sentence and serve an additional term for violating the post-release terms.

What is the Impact of Such a Criminal Record?

Even if you get the minimum sentence for armed robbery, the information remains in your records for years. And it might impact various aspects of your life. For instance, you may:

Face deportation if you are not a U.S. citizen
Not receive government benefits, such as federally-funded housing or welfare
Not serve on juries
Not serve in the military
Not own a gun
Be excluded from practicing in certain professions like teaching or law
Struggle to find a job

A Criminal Defense Lawyer Providing Experienced Representation

The best outcome in a criminal charges situation would be to have an experienced criminal defense attorney fight aggressively to have them dismissed or have you acquitted. But if that is not possible, you still need a lawyer to walk you through life after conviction.

A better understanding gives convicts hope of reclaiming their lives after finishing their sentences and earning back their freedom. If you need a skilled defense attorney in Nassau County and Suffolk County, get in touch today.

By David Mirsky|Criminal Law, robbery|Comments Off

Can I Be Charged with Reckless Driving if I Run a Red Light on Long Island?

Running a red light is a common occurrence. Sometimes it may happen on purpose but it’s not too unusual to hear about people who were tired, late at night after a shift who accidentally ran a red light when nobody else was out and about. But even alone like this, thanks to red light cameras, you could still find a fine arriving in the mail shortly after.

Running a red light is so common, in fact, that it is among the most ticketed offenses in the whole of New York state. It’s bad enough getting ticketed for running a red light but many people worry about getting charged with a crime like reckless driving. Running a red light may result in a reckless driving charge but it isn’t always the case. To understand why, it’s important to first see how the state defines reckless driving.

Reckless Driving Definition and Meaning?

Reckless driving is described in such a way as to give law enforcement a wide window for enforcement. This is best observed in the language that New York uses to define it. Reckless driving involves driving a vehicle in a way that “unreasonably interferes” with the use of a public highway. In addition, it also covers any action that “unreasonably endangers” others, whether they are drivers, cyclists or the pedestrians on the sidewalk.

This definition is important in determining whether or not you can be charged with reckless driving for running a red light. To use that example from earlier, pretend it is late at night after a long shift. If there is nobody else out and about then running a red light would neither unreasonably interfere with other’s ability to use the highway, nor would it be unreasonably engangering anyone.

This does not mean that you can’t still be pulled over and charged with reckless driving. An officer of the law absolutely could pull you over for running the red light. They could even charge you with reckless driving. However, there is a very good chance that the charge gets dropped. One case worth mentioning is that of People v. Bulgin in 2010 whereupon the individual ran two red lights before stopping for the police. They were shown to be unaware of the police trying to pull them over and they were not charged with reckless driving because there was nobody out and about for them to interfere with or endanger.

So it is possible to be charged with reckless driving for running a red light but the circumstances surrounding the traffic infraction are what will determine whether or not the charge is valid.

What Happens When You Run a Red Light?

There are three ways that running a red light could go. The first and easiest is that nothing happens. Nobody was around and the light in question wasn’t equipped with a red light camera. In this case, you just go along with your day and use the experience as a wakeup call to ensure you stop at the next one.

If the light was equipped with a camera then it would take a photo of your car committing the offense and a fine would be mailed to you. However, red light cameras tend to have lower fines than if you were stopped in person. This is one benefit but it arises from two facts. One is that it is harder to prove that the person ticketed was in fact the driver. The second is that it is unconstitutional to be charged this way as it denies the individual’s right to confront their accuser. A lower fine means people are more likely to pay it than fight it, which is a bad choice since they’re much easier to fight than when you get stopped in person.

Getting stopped in person is the worst of the options because it clearly places you behind the wheel of the car. When pulled over for running a red light there are two tickets you could be facing:

VTL 1110a: This is a failure to obey a traffic control device, such as a red light or a stop sign. This could result in a fine up to $150, along with a surcharge of around $80. It also impacts your license by costing you two points. But worse of all, you could spend up to 15 days in jail. This is an unlikely outcome. It is typically only seen in cases where there was danger to the public and so it will almost universally be paired with reckless driving at that point.
VTL 111(d)-1: This is a passed red light. Depending on whether it happened outside or inside the city will determine the penalty. It could range from a fine between $225 to $450, with that surcharge again. This time it is three points off the license and the potential for 15 days in jail.

What Defenses are There Against Running a Red Light?

Running a red light is easiest to defend when the charge comes from a red light camera. Being stopped in person it is much harder to argue that you weren’t the one driving the vehicle. In cases where you were stopped in person, there aren’t many defenses which you can use.

What Should I Do if I’m Charged with Reckless Driving?

It can be expensive to run a red light but being charged with reckless driving is a thousand times worse. This is a real crime rather than a simple violation. Being found guilty of reckless driving can be a quick way to get your license suspended if you aren’t careful.

If you’re charged with reckless driving then your best friend will be an experienced attorney. They’ll help you build a defense and show the court that your driving was not in fact reckless. If you’re being charged then call Mirsky Law Firm at (516) 299-6187 to see how we can help today.

By David Mirsky|reckless driving|Comments Off

Can I Refuse a Breathalyzer Test in New York?

If there is one question that comes up over and over again the closer it gets to New Years Eve, it is whether or not you can refuse a breathalyzer test in the state of New York. Everybody wants to celebrate but getting stopped for a DUI puts a damper on people’s moods really quickly.

It might seem like a good idea to refuse a breathalyzer test if you are worried about blowing over the legal limit but this is almost never a good idea. Can you refuse a breathalyzer test? Yes, you can. But should you? Almost universally the answer is no. Here’s why.

What Happens if I Refuse to Take a Breathalyzer Test?

Refusing to take a breathalyzer test is almost always seen as an admission of guilt to being over the legal limit while driving. This means that you will still likely be charged with a DUI/DWI for refusing the test. Therefore, refusing the test doesn’t eliminate the chances that you’ll get away with being intoxicated behind the wheel. But what refusing a breathalyzer test will do is open you up for more consequences.

New York has an implied consent law. This basically means that if you are driving on a public road then you must agree to take a breathalyzer test in cases where law enforcement has reasonable suspicion to believe you are intoxicated.

Refusing a breathalyzer test will result in a fine of $500. Refusing a breathalyzer also results in an automatic suspension of your license for up to a year. Since refusing a breathalyzer gives law enforcement reason to charge you with a DWI/DUI, some people assume that if they can get off from the DUI then they can get their license back. But the fine and the suspension are separate from the charge and so they remain even if the charges are dropped.

Normally in a DUI case there is the possibility of getting a conditional license. This is a license that allows you to drive to and from work. Conditional licenses are a way for people to keep their jobs despite their charges and they can really be the difference between an uncomfortable outcome and one that completely ruptures your life.

But if you refuse to blow a breathalyzer test then you are not allowed to get a conditional license in relation to your case. So refusing to blow results in a fine and it removes your ability to get a conditional license. It also is a fact of the case which can be told to the jury and so any attorney will tell you that refusing a breathalyzer test does not look good in court.

What are the Positives to Taking a Breathalyzer Test?

Taking a breathalyzer test is almost always the best choice of action when you’re asked to blow one. One solid reason for this is that blowing the test provides less evidence to your intoxication than you might think. People are often afraid to blow the test when they’ve only had a couple drinks. They believe that refusing to blow the test is in their best interest because if they fail the test then they’re going to be unable to get out of a DUI.

But refusing to blow the test doesn’t eliminate the DUI. As mentioned above, refusing the test is mostly seen as an admission of guilt. So refusing alone often ends in the result that you were trying to avoid. Add to this that law enforcement can also testify to your physical appearance and behavior (such as your reckless driving) during the traffic stop and you have very little to gain by refusing to blow the test.

But if you’ve only had a couple of drinks then there are some positives to blowing a breathalyzer test. For one, blowing the test looks good in the eyes of a jury. It shows that you were willing to take the test and this implies that you personally believed yourself to be within the legal limit. This helps to give your choice to get behind the wheel less of a stigma to it.

Breathalyzer tests aren’t infallible, either. In fact, it is common knowledge that the alcohol content in mouthwash can be enough to fail a breathalyzer test if you’ve used it within a short period of time before blowing. With tests being so sensitive and prone to variation it can be easy to challenge a breathalyzer test that only failed by a small margin. Challenges of this nature often see a lower plea accepted or even the case being dismissed.

Is There Ever a Time when I Shouldn’t Take a Breathalyzer Test?

The only time when it makes sense to refuse a breathalyzer is when you are completely and utterly intoxicated. If you are at risk of blowing more than .18 then you should refuse a breathalyzer because the result could be that you are charged with aggravated driving while intoxicated, a worse charge than what you would otherwise get for driving while intoxicated.

However, it should go without saying that if you are intoxicated enough to be at risk of getting an aggravated driving while intoxicated charge if you blow a breathalyzer test then you shouldn’t be behind the wheel of a vehicle. The best way to avoid the consequences of driving under the influence or refusing to blow a breathalyzer is to not put yourself in the position to have to blow one in the first place.

I Refused a Breathalyzer Test, What Should I Do Next?c

Chances are that by refusing to blow a breathalyzer test you still found yourself having to deal with the consequences of driving while intoxicated. Your refusal to blow is going to make your case look worse than if you did so it’s even more important than ever that you hire an experienced attorney to help you with your case.

Here at Mirsky Law Firm we pride ourselves on our experience and our knowledgeable attorneys are always ready to help defend you in cases like this. Give us a call at (516) 299-6187 to see what steps can be taken to minimize the consequences of your refusal to blow a breathalyzer test.

By David Mirsky|dui|Comments Off

How Can I Fight a Reckless Driving Charge for Racing in New York?

Reckless driving in New York occurs when an individual is driving a vehicle in such a way as to unreasonably interfere with the use of public streets or unreasonably endanger the lives of other drivers, pedestrians and cyclists. This allows for a wide range of behaviors to fall under the heading of reckless driving.

A racing charge is a form of reckless driving charge. It specifies the type of reckless action the driver was taking. The extreme speeds involved in racing can easily lead to serious accidents, often lethal accidents and so law enforcement take racing violations very seriously. Racing also violates insurance agreements and together this can cause a reckless driving charge for racing to spiral out into several related charges or consequences.

What Counts as Racing in New York?

Illegal racing is defined in New York’s statute (VTL 1182):

No races, exhibitions or contests of speed shall be held and no person shall engage in or aid or abet in any motor vehicle or other speed contest or exhibition of speed on a highway. Such event, if held, shall be fully and efficiently patrolled for the entire distance over which such race, exhibition or contest for speed is to be held. Participants in a race, exhibition or contest of speed are exempted from compliance with any traffic laws otherwise applicable thereto, but shall exercise reasonable care.

This definition is quite enlightening. It points out that racing in New York is not itself illegal. In fact, those involved in a legal race are actually exempted from certain traffic laws. So not only can racing be legal but it actually can then supersede other laws.

But we’re concerned about illegal racing in New York. This definition makes it clear that for a race to be legal the event must be patrolled over the entirety of the ‘track.” For this to occur there must be a plan for the distance to be raced and safety mechanisms be put in place. Much illegal racing occurs spontaneously and thus there is no plan in place prior to the race beginning.

Some races may be planned and still be illegal. If somebody tells you to meet at a certain location to race, then there is a plan being used. But if there is no security in place to patrol the planned route then the race is still illegal.

What are the Penalties for Racing in New York?

Racing in New York is only a misdemeanor offense but this doesn’t mean you should take the charge lightly. There are financial penalties which you will face, as well as the potential for spending time behind bars in jail. These penalties grow much worse if you are convicted of a racing charge a second time within the year. Penalties you may face are:

Criminal Record: Having a permanent criminal record can make it harder to get a job, find a home or many other tasks which you might need to do to get by. Because racing is a misdemeanor crime in New York it means that a conviction will follow you the rest of your life on your permanent criminal record.
Fine: Racing in New York will result in a fine between $300 and $525. However, if you are convicted a second time within the year then you will face a steeper fine between $525 and $750.
Jail: Your first racing charge could result in up to 30 days in jail. Most people don’t take this into consideration because a misdemeanor crime doesn’t sound very serious. But jail time is always something that should be taken seriously. If you are convicted a second time within a year of the first conviction then you may face up to six months or half a year in jail.
License Revocation: A racing conviction could see your license revoked. Not suspended, revoked. At the end of the revocation period you would have to reapply for a license. Because racing charges often result in revocation there are points taken off the license.
Surcharge: There is a surcharge of between $88 and $93, in addition to the fine, depending on where in the state of New York the offense was committed.
Insurance Impact: Getting a traffic ticket in general will see an increase in your auto insurance. Racing offenses are among the worst charges you can get when it comes to insurance as they can raise the price of your insurance nearly 75%! Your insurance may also refuse to cover accidents relating to racing.

What Defenses are there for Racing in New York?

There are a few defenses which can be taken when faced with a racing charge in New York.

The first defense is to say that you were not racing. This argues the fact that simply because you were speeding next to another vehicle, it doesn’t mean that you were racing them. This defense fully admits to speeding while fighting against the idea that you were racing.

Another defense is to argue that there was no planned racecourse. As we’ve seen above, New York’s statute clearly invokes the idea that there is a planned route involved in the race. This defense is famously used in People v. Grund where it was argued that while the two cars left an intersection at speed and then jockeyed for position, they were not racing because there was no intended course.

These defense tactics focus on the definition of racing to show that the defendant may have been speeding or driving recklessly but that they were not racing as defined by New York’s statute.

What Should I Do if I’m Faced With a Racing Charge in New York?

If you are faced with a racing charge then you’ll want to get an attorney that knows what to do. They will help you fight the charge and minimize the penalties. Mirsky Law Firm has experience with cases just like yours. Give us a call at (516) 299-6187 or (718) 412-8322 to see how we can help defend you against your racing charge.

By David Mirsky|reckless driving|Comments Off

Is Arson a Felony in New York?

The crime of arson occurs when somebody sets a fire or causes an explosion that damages a car or building. Most people realize that it is wrong, legally speaking, to light fire to somebody’s house with intention but many don’t realize that arson doesn’t necessarily specify that there is an intention to set the fire. Recklessness could lead to a fire and still be considered arson.

Arson is not always a felony in New York but it is most of the time. The reason for this is pretty straightforward, the crime has quite severe ramifications after all. As such, the penalties for committing arson in New York are also quite severe. To see what the consequences of arson are, we first should look at the different degrees of arson charges in New York.

What are the Different Degrees of Arson Charges in New York?

There are five different degrees of arson charges as laid out in Article 150 of New York’s penal code. As with other charges, the first degree is considered to be the worst charge while each subsequent degree has less consequences associated with it.

The different degrees are:

The Fifth Degree: The fifth degree is the only one of the possible arson charges that isn’t a felony. It is a misdemeanor that could result in incarceration up to a year. This crime occurs when somebody sets fire to a person’s property or causes an explosion without the owner’s consent. There can also be fines or restitution to pay to the victim.
The Fourth Degree: This can result in up to four years of imprisonment or a probation term lasting up to five years. It is a class E felony which occurs when a car or a building is damaged by fire or an explosion.
The Third Degree:Arson in the third degree is committed when somebody willfully sets fire to or uses an explosive to cause damage to a car or a building. It is a class C felony and carries with it a maximum of 15 years in prison. At the minimum, third degree arson results in a year spent in incarceration. That’s on top of possible fines and restitution to be paid to the victim.
The Second Degree: Arson is the second degree occurs when somebody intentionally sets fire to a car or building that has people inside of it. The arson in this case would be aware of the possibility that people might be present, if not direct knowledge thereof. Arson in the second degree results in incarceration of a minimum of 5 years and a maximum sentence of 25 years. Arson in the second degree is a class B violent felony.
The First Degree: Arson in the first degree occurs when an individual intentionally sets off a fire or an explosion that damages a car or a building that results in serious physical injury to another injury. The arsonist also must be seen to have acted despite knowing that somebody could be on the scene. Arson in the first degree is a class A-I felony.

What are the Consequences of an Arson Charge in New York?

As discussed in the previous section, the different degrees of arson charges each come with their own consequences. However, one should never take an arson charge lightly. Even a charge of arson in the fifth degree carries the potential to put the defendant behind bars. With each of the degrees carrying worse consequences, it’s easy to see why the charges are so serious.

A harder consequence to discuss is the amount of money that a defendant could owe thanks to an arson charge. Arson charges leave open the possibility of paying a fine and how large of a fine the defendant will have to pay will grow in severity in direct relation to the severity of the charges.

But arson charges also often include paying restitution to the victims for the damage the arson caused. This is not the type of figure that one can assume or give a ballpark estimate of without knowing the extent of the specific damage relevant to the case. An arson that damages a beat up car is going to require less damages be paid to the victim than a case in which a brand new, state of the art building was damaged with a fire. Though even in this example there is flexibility, as the damage the building endures might not be extensive and therefore the damages paid could be quite small compared to what they would be if the fire had spread further.

What are the Defenses Against an Arson Charge?

One of the biggest defenses when it comes to arson charges is to show that there was not intent behind the action. Many of the different degrees of arson charges focus on the knowledge the defendant had of the premises and their intent. Other defenses include:

Natural Causes: Not all fires are started by an arsonist. Natural causes can be the reason behind a fire and if you can show that natural causes were the culprit then nobody is guilty of the crime.
Insufficient Evidence: Proving that there is enough evidence to convict somebody of arson can be quite difficult, not the least because the fire can destroy so much potential evidence.
Faulty Science: There are many cases of arson in the past that have been proven to have resulted in a conviction based on faulty science. A good lawyer can help to show that the science behind your case does not support you as the arsonist.

What Should I Do if I’m Facing an Arson Charge?

Arson is the type of charge that you don’t want to take lightly and you don’t want to wait around before acting. The first thing you should do if you are being charged with arson is to get yourself an attorney that has experience with cases like this. After all, you’re looking at the potential of spending time in prison regardless of which degree of arson you’re being charged with.

Here at Mirsky Law Firm we are dedicated to defending people just like you. Give us a call at (516) 299-6187 to see what we can do about your case and defend you against your arson charges.

By David Mirsky|arson|Comments Off

What Are The Possible Penalties for Assault on Long Island?

Assault comes in both misdemeanor and felony varieties. In this article we’ll talk about felony assault but know that a misdemeanor assault charge is no joke as it can still result in a year spent in jail, up to three years of probation and a fine for $1000.

Assault is defined in the state of New York as occurring when a person injuries another person without some form of legal justification. There are a range of legal justifications that could be relevant to a case, such as self defense or when a law enforcement officer is required to use force in the process of performing their duties. When these justifications aren’t present, an assault has occurred.

How is Assault Defined on Long Island?

Felony assault requires that the victim of the assault suffer a physical injury. The seriousness of the injury is important in determining whether a second degree or a first degree assault has taken place. It is also important to understand what is meant by acting intentionally, acting recklessly or performing the assault with a deadly weapon as these factors all play into the severity of the assault case at hand.

When it comes to assault a physical injury occurs when a victim suffers some form of pain or injury. As the name implies, this injury or pain must be of a physical nature and therefore mental pain or distress does not count. A physical injury in the state is defined as an impairment of physical condition or substantial pain. In addition, a serious physical injury is one that includes a substantial risk of death. It also includes injuries that cause death, long-term disfigurement, ill health or the impairment (or even complete loss) of an organ.

An action is determined to be intentional if the person assaulting the other wants an injury to occur. This does not necessarily mean that the defendant intended to injury the victim. If the defendant wanted to injure one person but the victim got in the way, this would still be seen as an intentional assault because the goal of the assault was to cause injury even if it wasn’t to injure the specific person that it did.

An action is determined to be reckless if the defendant was aware that their actions could result in an injury but they choose to act anyway. They knew that they could cause harm to another but they disregarded that knowledge in their actions and thereby they were reckless.

Either degree of assault could be performed with a deadly weapon. These are weapons that easily cause injury such as a knife or brass knuckles. A deadly instrument can also be used in an assault in these include vehicles or objects which aren’t directly weapons but can be used to cause a serious injury.

What are the Degrees of Assault on Long Island?

Felony assault on Long Island can be a second degree assault or a first degree assault.

Second Degree Assault: Under N.Y Penal Law § 120.05 there are quite a few scenarios which result in a second degree assault. Intentionally causing a serious physical injury. Intentionally causing a physical injury with a deadly weapon or a dangerous instrument. Intending to prevent emergency crews, nurses, police officers or other important persons from performing their lawful duties by control of an animal. Recklessly causing serious physical injury with a deadly weapon or dangerous instrument. Giving a drug to someone without their consent with the intent of causing injury or stupor. Causing physical injury while attempting to commit another felony. Causing physical injury with intent on a victim under 11 years old by a defendant 18 or older. Intentionally causing injury to a victim under 7. Causing injury on school grounds to an employee of the school district.
Intentionally injuring a train operator or other employee responsible for the operation of a train or bus, or traffic agents of any kind. Intentionally causing physical injury to somebody who is older than 65 by a defendant who is at least ten years younger.
First Degree Assault: First degree assault is a less common charge than second degree assault because it only occurs when the victim suffers a serious physical injury or when they are severely disfigured by the assault or lose a body part due to it. In most cases first degree assault requires that the defendant acts with intention though there is an exception. If the assault causes serious physical injury from a reckless action that carries grave risk of death then first degree assault may be charged.

What are the Penalties for Assault?

Felony assault falls under the category of “indeterminate” term penalties. This means that there is no one-size-fits-all consequence of an assault. Instead, the penalty for the assault is determined by the judge based on the circumstances of the case in question. An indeterminate term will have a minimum and a maximum prison sentence. The minimum time must be served before you can be eligible for parole. If parole doesn’t happen then the maximum term will be served.

A second degree assault is a class D felony which has a minimum term of 3 years and a maximum of 7. If the defendant committed the assault without a prior record then a judge may be able to impose a definite period of incarceration for one year or less.

A first degree assault is a class B felony which results in a minimum sentence of 3 years and a maximum sentence of 25 years in prison.

What Should I Do if I’m Being Charged with Assault?

If you are being charged with assault then you must take it seriously. A felony assault invariably results in time behind bars. But the difference between a severe assault charge and a lesser one is often as simple as proving a lack of intent in the action taken. This can be hard to prove to a court if you don’t know what you’re doing.

That’s why it is so important to get an experienced attorney that knows how to present the facts of your case in front of a judge. Here at Mirsky Law Firm we’re dedicated to doing everything we can to help you win your case so give us a call at (516) 299-6187 to see how we can help you with your charges.

By David Mirsky|assault and battery|Comments Off

What is Considered Armed Robbery on Long Island?

Robbery is one of those crimes that you should take very seriously if you are charged with it. The crime suggests an element of violence and it is not taken lightly by the law. The consequences for being found guilty of committing a robbery are very severe.

But those consequences are made even worse when there is a deadly weapon or dangerous instrument involved. Just the presence of such a weapon or instrument can lead to more dire consequences should you be found guilty. In order to understand how armed robbery works on Long Island, we must first understand what defines and separates robbery from a crime like burglary.

What Separates Burglary from Robbery?

Robbery fits into a category of crimes alongside theft and burglary. Each of these crimes involves the taking of possessions or assets that belong to another individual without their permission. But there is a very important difference that separates robbery from the others.

Burglary defines itself based on the location of the crime in question. For a theft to be a burglary it requires that the individual committing the theft steals from a building or a home. It is important that they’re entry into the building is due to the intent to steal. It is not, however, important that they break and enter into the building. A burglary can occur even when an individual is invited in. But typically the consequences for a burglary are lesser if nobody was present in the building when the crime was committed.

A robbery, as defined under Penal Law Article 160, involves a face-to-face confrontation with the victim of the crime. To rob somebody is to take from them by force or fear. It can occur on their property but it doesn’t have to. A mugging in a dark alley is a form of robbery. If the mugger uses violence then it will be a robbery of the second or first degree, while a non-violent robbery will fall under robbery of the third degree. The level of injury a person sustains as a victim of a robbery goes a long way towards determining the severity of the crime and its subsequent consequences.

So robbery is a form of theft but one that requires there to be a confrontation and thereby a higher risk and occurrence of violence. But it gets worse when it becomes an armed robbery.

When is a Robbery Considered “Armed”?

For a robbery to be considered armed it must be committed with either a deadly weapon or a dangerous instrument. Most people understand the first category pretty instinctually but the second is a bit of a head scratcher.

Deadly Weapon: A deadly weapon is pretty self-explanatory. Weapons such as knives, guns, blackjacks, brass knuckles or the like fall under deadly weapons. Even something like a BB gun could be considered a deadly weapon in the eyes of the law, though you might not consider it to be one yourself. A weapon may appear to be deadly but actually be proven to not be capable of causing serious harm, which is a popular defensive tactic when it comes to armed robbery cases.
Dangerous Instrument: A dangerous instrument is something that could cause death or serious physical injury but is not in-and-of-itself a weapon. While it is hard to see one used in a robbery, a car would be a pretty straight-forward example of a dangerous instrument. Somebody could purposefully hit somebody with a car with the intent of injuring them; it is not a weapon, really, but it is an extremely dangerous instrument which could do as much damage as a weapon if it is used with intent to harm. Even a brick or rock could be a dangerous instrument depending on how it is used.

What are the Consequences for Armed Robbery?

In most cases, armed robbery will fall under the dictates of robbery of the first degree. This is true even when the weapon is not seen, such as in People v. Toye, where the defendant was convicted of robbery of the first degree despite never showing a weapon. They told the victim that they had a gun in their pocket and the victim told the court that they did appear to have a gun-sized bulge in their pocket. Thus they were convinced that their life was in danger from a deadly weapon and the crime fell under robbery of the first degree.

As such, it is likely that an armed robbery conviction will be a robbery of the first degree conviction. This is the most serious form of robbery charge there is and as such it comes with the most severe consequences. The minimum time in prison for an armed robbery conviction is five years and the maximum is up to twenty-five years. When you consider that this charge could take away a quarter of your life, it is easy to see why you can’t take it lightly.

What Should I Do if I’m Charged with Armed Robbery?

A good attorney is a must when it comes to armed robbery charges. One of the best defenses there is against an armed robbery charge is to show that the defendant either wasn’t armed or that they were incapable of committing serious harm with their instrument. For example, an armed robbery with a gun might be argued down to a lesser charge by showing that the defendant’s gun was actually a prop or toy and thereby incapable of causing serious bodily harm to the victim.

A defense line like this is just one of the approaches that an attorney could take in defending you but it isn’t the only. But you require an attorney that has experience in defending people just like you if you want to get the best results. That is why Mirsky Law Firm invites you to call us at (516) 299-6187 to learn more about how we can help defend you in your armed robbery case.

By David Mirsky|armed robbery|Comments Off

What is Considered White Collar Crime on Long Island?

White collar crime is one of those terms which is typically only half-understood by the general population. We all know that assaulting somebody is a crime. We all understand that breaking into a house and stealing an individual’s belongings is a crime. But it gets a little bit more confusing when it comes to white collar crime.

That is because these crimes exist on a more technical level. When somebody is assaulted or their house is broken into, they know they were the victim of a crime. But white collar crimes can happen to somebody without them even realizing. It could be that they trusted a financial advisor that led them astray. Typically, the person committing the white collar crime is thought to have been trustworthy. This is important as it plays directly into the origin of this category of crime.

What is White Collar Crime?

The phrase white collar crime was first used in the 1930s by noted criminologist Edwin Sutherland. It was thought at this time that criminals were all of a lower class status. In fact, it was believed that those with a high social status were incapable of committing crimes. But Sutherland coined the phrase white collar crime specifically to refer to those criminals who were otherwise persons of respectability.

Crimes such as assault, robbery, murder, are considered to be clue collar crimes. White collar crimes are more complicated and hard to identify without knowledge of the laws surrounding things like fraud. Because a person is respectable, or seems to be, people are more likely to listen to them and consent to their suggestions. As such, people can end up falling for white collar crimes like fraud without ever having the slightest idea that they’re talking to a criminal.

Nowadays white collar crime doesn’t necessarily denote any distinction of class the way it did in the past. Rather it refers to a crime that is committed either at the level of individuals or corporations in which the crime is financially motivated. With the explosion of the internet, it is hardly surprising that there has been an uptick in white collar crimes as the medium has created new opportunities for the various crimes that fall under the white collar heading.

What Crimes Fall Under the Heading of White Collar Crime?

There is a wide, wide range of crimes that are described as white collar. These can range from petit larceny to coercion, cigarette and tobacco product tax crimes to medicare fraud or even perjury. However, it is easier to get a sense of what constitutes white collar crime by breaking down a few of the more common ones:

Fraud: A broad term, fraud covers a range of crimes that look to separate people from their money based on lies. A common fraud scheme is to say that you have a large sum of money for an individual but they must first pay a handler’s fee in order to receive it. There is no large fee and the money they are paying was given on dishonest terms.
Ponzi Schemes: This is a scheme in which each individual is promised a large reward but only so long as they get other individuals to join the scheme. Those at the top profit from all those below them but those at the bottom are given no chance to profit except unless they continue the scheme and trick others into joining.
Insider Trading: Insider trading occurs when somebody has information they are not supposed to, aka insider information, about the trade. If you know that your company is going to be purchasing another and thereby raising their stock then it would be insider trading to start purchasing shares in the company that is about to raise. Insider trading hedges on whether or not the knowledge used to benefit from financially was public or not.
Embezzlement: Another wide ranging form of white collar crime, embezzlement comes down to stealing money from a company. An employee that takes some money out of the till could be guilty of both embezzlement and theft. But there are more complex embezzlement schemes which can defund thousands or even millions of dollars.
Identity Theft and Cybercrimes: Identity theft and cybercrimes are on the rise these days as technology makes them easier. Stealing another person’s identity or hacking into a computer system to retrieve resources or information are both white collar computer crimes.
Money Laundering: Money laundering is a tactic criminals use to make income from their illegal activities appear to be legal. A legitimate business is used to take in illegal funds so that they then appear to have been acquired legally.
Counterfeiting: Counterfeiting is a way of making illegal money that looks like legal tender.
Espionage: There are multiple forms of espionage but white collar espionage tends to have a focus on gaining more money, such as when an agent of a foreign government (or competing company) tries to obtain assets of a company through devious means.

How is White Collar Crime Classified?

There are two ways of classifying white collar crime. The first is individual crimes. These are financial crimes that an individual, or a small group of individuals, commits. Hacking, counterfeiting and fraud are all examples of crimes typically classified as individual crimes.

Corporate crimes happen, surprise, on a corporate level. Money laundering can happen on a corporate level, as well as insider trading, espionage or even embezzlement.

What Should I Do if I’m Accused of Committing a White Collar Crime?

White collar crimes should not be taken any less serious than a blue collar crime. You might think a murder charge is far worse than an insider trading charge but white collar crimes can do just as much to rupture your life as a blue collar crime would. You could easily see your life savings lost and your career ruined to the point that nobody in the country wants to hire you.

If you have been accused of a white collar crime then your first step should be to hire an attorney that has knowledge in the field. If you’re looking for the best, then look no further than Mirsky Law Firm. Give us a call at (516) 299-6187 to learn how we can defend you from white collar crime charges.

By David Mirsky|White-collar Crime|Comments Off

What is The Difference Between Date Rape and Statutory Rape in New York?

In this day and age there are a lot of conversations being had on the subject of rape. People are learning that the conception they’ve had in their minds about rape doesn’t convey the complexity of the topic. Rape charges don’t just cover a violent sexual assault but rather they cover a range of sexual behaviors that are unacceptable.

Among the various rape charges that exist are the terms “date rape” and “statutory rape.” These are two different crimes that give some idea of the relationship between the victim and the assailant. In order to understand how these laws work, it is necessary to first understand what consent is as it directly figures into the charges.

What is Consent?

Sexual contact with another person is generally acceptable so long as consent is granted. But if consent is not granted then sexual contact enters into the realm of a sex crime. In its most basic definition, consent is a person agreeing to a sexual encounter. If an individual does not agree to have a sexual encounter with you then they have not given their consent.

This seems like a simple concept but it gets tricky. You have to be in your right mind in order to give consent. For example, an intoxicated individual can not give their consent. They may agree to a sexual encounter while under the effects of drugs and alcohol but they’re not considered to be in their right mind and therefore they are actually unable to consent.

Consent is also complicated when the person giving consent is of a young age. Those who are under fourteen cannot give their consent to have a sexual encounter with an adult, even if they show that they understand everything that is happening. These laws get more complicated when it comes to two young people having sex, as many states want to give some room for teenagers to explore their sexuality in a healthy manor without getting the law involved.

Others that can’t get their consent are those that are mentally ill and those that are developmentally disabled.

How Do Statutory Rape Laws Work?

Statutory rape occurs when somebody older than 18, an adult, has sex with a minor, some under 17. The sex may be consentual but the minor is considered to be incapable of giving consent. The details of the particular case will determine which of the following charges are applied:

First Degree Rape: This covers sexual intercourse between a minor who is under 11 years of age and a defendant who is anywhere from 13 and older.
Second Degree Rape: This covers sexual intercourse between a minor who is under 15 and a defendant who is at 18 or older.
Third Degree Rape: This covers sexual intercourse between a minor who is younger than 17 and a defendant who is 21 or older.
Criminal Sexual Act in the First Degree: This covers anal or oral sexual contact between a minor under 11 and a defendant who is 13 or older.
Criminal Sexual Act in the Second Degree: This covers anal or oral sexual contact between a minor under 15 and a defendant who is 18 or older.
Criminal Sexual Act in the Third Degree: This covers anal or oral sexual contact between a minor younger than 17 and a defendant who is 21 or older.
First Degree Sexual Abuse: This covers any sexual touching, even above the clothes, between a minor under 11 and a defendant who is 13 or older.
Second Degree Sexual Abuse: This covers any sexual touching between a minor under 14 and a defendant of any age.
Third Degree Sexual Abuse: This covers any sexual touching, even above the clothes, between a minor who is 15-16 and a defendant who is at least five years older than the victim.
Sexual Misconduct: This includes any oral or anal sexual contact or intercourse with someone who is younger than 17.

These range from misdemeanor crimes, as is the case with sexual misconduct, to class B felonies. Jail sentences range from several months in jail to upwards of 25 years in jail at their highest level.

Sex crimes will also follow you around for the rest of your life and you may be required by law to let the people around you know of your past charges depending on the circumstances of your charges.

How Do Date Rape Charges Work?

Date rape occurs when one individual has sexual intercourse with another individual that has not given their consent. The term date rape itself is not a legal term but rather it references the fact that the victim and the perpetrator of the rape knew each other beforehand.

Date rape is therefore not a charge itself but rather a way of explaining more about the details of the case, specifically the relationship between the two involved. Date rape cases are often quite complicated and they tend to hinge on the concept of consent to a larger degree than other sex crime related cases because of the defendant and the victim’s prior relationship.

What Should I Do If I’m Facing a Rape Charge?

If you have been accused of statutory rape or date rape then it can feel like your life is falling apart around you. This is especially true if you didn’t commit any crime or didn’t realize that you were, as can be the case with statutory rape charges that occur between two young individuals.

Before you start to panic, the best thing to do is to speak to an attorney that has experience with statutory rape cases. An experienced attorney will be able to set your mind at ease and walk you through everything that you should expect in handling the charges. Mirsky Law Firm has knowledgeable attorneys that are ready to help. Give us a call at (516) 299-6187 to see how we can help.

By David Mirsky|rape|Comments Off

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