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New York Criminal Defense Blog

What are vehicular assault offenses in New York?

In New York, there are different penalties for different levels of vehicular assault. Today, we at the Law Office of Scott G. Cerbin, ESQ., PLLC, will take a look at how vehicular assault is categorized in the state and how a conviction may impact a driver.

There are three categories of vehicular assault as defined by the New York Penal Code. This includes aggravated vehicular assault, as well as vehicular assault in the first and second degree. Despite the fact that vehicular assault in the second degree is the least severe of all of these charges, it is still classified as a felony in the state. As a Class E felony, a conviction carries a maximum prison sentence of up to 4 years.

What is the statute of limitations for crimes in New York?

The Sixth Amendment of the U.S. Constitution entitles you to a speedy and public trial for any criminal charges you face. New York statutes of limitations are partly inspired by this idea.

The statutes of limitations are laws that limit the amount of time that a prosecutor has to file charges against you. However, certain situations might extend this time limit.

What crimes fall under federal law

You may have committed and were accused of a crime. With some accusations, it's hard to know whether you'll be charged with a state or federal crime. What constitutes a federal crime?

A crime will be considered federal if it violates United States federal legal codes or if the one accused carried or performed their criminal activity across multiple states. Commercial fraud, wire fraud and drug trafficking are a few examples of federal crimes.

Are there different kinds of controlled substances?

You may know that it is illegal to sell a controlled substance in New York. However, you may not always know just what a controlled substance is. It is important to know how medications and other substances are classified so you can stay out of trouble. 

Most substances fall into a tier system. GoodRX.com says substances are usually classified as either non-controlled or controlled, and the controlled materials usually have several sub-categories. Controlled substances are controlled because you can become mentally and physically dependent on them if you ingest these drugs for too long. The tier system lays out how addictive a drug is. It is usually harder to access the most addictive substances, and doctor's offices generally have strict requirements for accessing the lower-level substances.

See how the New York marijuana law changes affect you

On July 29, Gov. Andrew Cuomo decriminalized statewide simple possession for pot to a mere violation punishable by only fines. The law is set to take effect 30 days from the day the governor signed the bill into law.

Once in effect, charges of criminal possession of marijuana of less than an ounce will result in a $50 fine. For amounts less than two ounces, the fine is capped at $200.

Is rioting a federal crime?

As a New York resident, you can exercise your ability to say what you want, protest what you don't agree with, and make your opinions known. But when does protesting become rioting? Just how much trouble can you get into if you become involved in a riot?

First of all, rioting is considered a federal crime, as it is a crime against the government. FindLaw takes a look at the punishment those convicted of rioting may face. They can be imprisoned for up to 5 years and will also likely be fined.

How serious are drug trafficking charges?

New York residents like you are facing some potentially hefty penalties if you are convicted of drug trafficking charges. We at the Law Office of Scott G. Cerbin, Esq., PLLC, are here to explain some common concerns and questions that people facing these charges may ask.

On the topic of how serious these charges are, they are more severe than drug possession charges. Drug possession is typically a more common charge, as prosecutors only need to prove that you were aware that you had the drug in your possession in order to have a good chance of getting a conviction. With trafficking charges, they also need to prove that you had an intent to sell.

What differentiates vehicular assault from homicide?

New York residents who end up involved in a deadly crash may face one of two charges: vehicular manslaughter, or vehicular homicide. Though these charges may sound the same initially, they are for different crimes and carry different penalties if you are convicted.

As Cornell Law School defines, vehicular homicide is considered the killing of a human being by the reckless operation of another vehicle. Generally speaking, it is easier to prove vehicular homicide over vehicular manslaughter because less proof of criminal intent is needed. However, vehicular homicide is still considered a second degree felony in many states, which carries a large prison sentence, a huge fine, and community service hours. First degree offenses are even more intensive and can include up to 30 years in jail.

Vehicular manslaughter: You need to get a strong defense

Vehicular manslaughter is an interesting charge, because it can be used against those who are negligent or who had criminal intentions. The individual may or may not have been intoxicated at the time of a crash.

With any vehicular manslaughter case, there are a number of penalties that can be used against those who killed someone with their vehicle. Penalties may be as little as fines and minor jail time for involuntary manslaughter, while criminal cases may land people in prison for life. It all depends on the situation and what led to the victim's death.

Rebuilding your life with a new job after a conviction

For people in New York who have been convicted of criminal offenses, the thought of getting back into life in a positive way can be exciting and terrifying. One of the most important ways that a person can get their life back on a good track is to get a job that allows them to properly take care of themselves and their family. With so many employers conducting background checks before offering a person a job, one might wonder how to get a job with a criminal conviction on their record.

According to Monster.com, many employers today are more than willing to consider people with criminal records for new jobs. A survey by the Charles Koch Institute and the Society for Human Resources Management found that two out of three people in HR roles and eight out of 10 hiring managers believed that a candidate with a criminal record has just as good of a chance of being a great employee as does their counterpart with no criminal record.

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