Law Office Of Scott G. Cerbin, Esq., PLLC
Free Consultation | Available 24/7 718-509-6514
On Your Side Through The Toughest Times
Menu Contact

New York Criminal Defense Blog

How are involuntary and voluntary manslaughter defined?

If you are being charged for the accidental or unplanned death of someone, it is important to understand the charges you are facing. In New York, you might be charged with voluntary or involuntary manslaughter, depending on the nature of the fatality.

As FindLaw explains, manslaughter pertains to the unlawful killing of another person without malice, meaning you did not plan the death of that person ahead of time. Involuntary manslaughter involves the fatality of someone during an either lawful act or an unlawful act without being a felony, that resulted in the death due to negligent or reckless actions. For example, you and your friends might have been drag racing on a deserted street late at night, and one car crashed, killing a passenger. Nobody planned for the friend to die, but everyone’s reckless actions could qualify as contributing to involuntary manslaughter.

What constitutes mail fraud?

If you live in New York and face charges of mail fraud, you likely wonder exactly what federal law enforcement officials allege you did. FindLaw explains that the reason why mail fraud is a federal crime is that it involves more than one state, i.e., the use of the U.S. Postal Service, UPS, FedEx or some other commercial interstate carrier for the purpose of obtaining money or other assets through false pretenses. Alternatively, it could involve the use of an interstate carrier to sell, distribute, supply or exchange counterfeit goods.

If federal law enforcement officers accuse you of the latter, the prosecutor need not prove that you used the mails to transport the goods themselves. Rather, (s)he need prove only that you sent something through the interstate mails associated with the goods, such as the following:

  • A letter
  • A contract
  • A receipt
  • Any other type of document

3 ways a criminal record can hurt your finances

When it comes to how they affect your life, criminal charges are an extremely serious matter. Even a low level conviction can have some unexpected consequences.

Higher level charges, such as a felony, will often include penalties such as prison time and probation. In addition, you might find that you have trouble getting a job, renting an apartment and various other activities that used to be normal and easy.

What is racketeering?

Racketeering charges cover many different crimes perpetrated by a group or company led by certain individuals. These crimes are taken very seriously by the federal government, with some of those convicted receiving life sentences in prison. Additionally, even organizations that operate legally can be accused of racketeering.

On the federal level, racketeering is punished using the Racketeer Influenced and Corruption Organizations (RICO) Act. According to The United States Department of Justice, RICO violations entail the following components. First, there must be a group in operation. While at the onset of the RICO act it was used to target organized crime families, charges can be levied at even legitimate businesses. Next, the person being charged must be established to be a member of this group or business. The person must have also participated in a pattern of racketeering activity, which is defined as two separate offenses within a ten-year period.

Is it dangerous to take drugs before driving?

You may be well aware of the dangers of drinking and driving in New York. However, you may not realize that taking drugs before you get behind the wheel is also dangerous.

Because you do not often hear stories about car crashes caused by drugs, you may think these incidents are not common. According to the National Institute on Drug Abuse, the most recent statistics suggest that drugs are involved in about 11 percent of fatal car accidents. However, it is difficult to understand the exact connection between drugs and collisions. One of the reasons for this is that sometimes people drink alcohol and take drugs before driving. Additionally, sometimes people already have a blood alcohol level higher than the legal limit and when this is the case, law enforcement does not always perform a drug test. 

The life altering consequences of a drug trafficking conviction

If you are charged with selling, transporting or importing controlled substances in New York you can face severe financial penalties, a ruined reputation and imprisonment. A conviction may stay on your permanent record. At the Law Office Of Scott G. Cerbin, Esq., PLCC, our team has experience representing clients charged with drug crimes including possession and trafficking.

A felony drug charge can irrevocably change your life. You may lose your driver’s license and be disqualified for many types of jobs. According to FindLaw, the punishment for violating the drug trafficking and distribution laws varies, depending on the following:

  • Type of drugs involved
  • Quantity of drugs found
  • Geographic area of distribution
  • Whether children were targeted

What constitutes tax evasion?

As a New York taxpayer, you likely have a healthy respect for the Internal Revenue Service, if not an actual fear of this all-powerful governmental entity. You likely also do everything possible to make sure you file your taxes every year by April 15 and pay whatever taxes you owe.

Whether you compute your own taxes or hire a company to prepare them for you, however, you probably occasionally worry about what will happen if you or your tax preparer makes a mistake. Will the IRS charge you with tax evasion? As FindLaw explains, the answer is “no.” Tax evasion applies only to deliberate attempts you make to understate your income or overstate your deductions – and rests on the government’s ability to prove it.

Harlem man facing murder charge for shooting pizza deliveryman

In Harlem recently, a 37-year-old immigrant from the Dominican Republic who worked as a delivery person for Papa John's was shot and killed as he rode his bicycle to the pizza shop.

The deliveryman was killed on Wednesday, Aug. 29, at approximately 10:30 p.m. His alleged attacker, 29, was arrested on Sept. 1 and charged with murder, assault, weapons charges and menacing. The Harlem man's arraignment was scheduled for later that same day.

What is a Ponzi scheme?

If you face federal charges in New York for securities fraud, this represents a highly serious matter. If convicted, you could receive a life sentence in federal prison plus a fine of many hundreds of thousands of dollars.

Money.com explains that financial fraud charges can cover a wide variety of specific crimes. One of the most notorious, however, is the Ponzi scheme, named for Charles Ponzi, a 1920s’ Italian immigrant who perpetrated a scheme involving international reply coupons.

Understanding New York's assault laws

At the Law Office of Scott G Cerbin, Esq., PLLC, in New York, we find that many of our clients facing assault charges have no clear idea of what the charges mean or what the prosecutor must prove in order to convict them. Given that New York law provides for four separate categories of assault, it is not difficult to understand why such confusion exists.

As FindLaw explains, per Sections 120.00 through 120.12 of the New York Penal Code, you can face four different degrees of assault charges as follows:

  1. Third degree assault – Class A misdemeanor
  2. Aggravated assault of a minor under 11 years of age – Class E felony
  3. Second degree assault – Class D felony
  4. First degree assault or aggravated assault on a law enforcement officer – Class B violent felony

Let’s Talk About Your Options

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response

Law Office Of Scott G. Cerbin, Esq., PLLC
16 Court Street
Suite 2901
Brooklyn, NY 11241

Phone: 718-509-6514
Fax: 718-228-4612
Brooklyn Law Office Map

Law office of Scott G. Cerbin ESQ., PLLC