Category Archives: Criminal Law

The Difference Between Stalking and Harassment in Queens

In many ways, the crimes of harassment and stalking are very similar. Both of them involve following, intimidating, or repeatedly communicating with another person who doesn’t want the attention. The intent requirements are also quite similar. Beyond this, these crimes are a bit different in many ways, including in how they are punished, with stalking...

Is “Promoting Suicide” with Texting or Bullying the Same as Murder?

A recent New York Times article discussed a Massachusetts case where a 20 year old is being charged with involuntary manslaughter for encouraging her 17 year-old boyfriend to commit suicide by texting him messages encouraging him to kill himself. Along with the recent concern of parents and teachers around the country with the Netflix drama...

Why Would Charges Get Dropped in Queens?

Being charged with a crime and being convicted of a crime are two very different things that require very different levels of proof. A lot can happen between the time you are arrested and charged and the time you are convicted, plead guilty, or are acquitted of a crime. Many times, police and prosecutors start...

Is Burglary Theft?

“Burglary” is a legal term with a specific definition. In most states, including New York, burglary does not automatically imply theft. In fact, burglary is a crime that involves being in a building with the intent to commit a crime. Many people who are not police or lawyers confuse robbery with burglary, or assume that...

What is a Class A Felony in New York City?

Like many states, New York divides its crimes into two types: felonies and misdemeanors.  New York goes further and divides each of these into three levels of felonies and misdemeanors, with each getting different general punishments and treatment in the criminal justice system.  Class A felonies are the worst class of crime and carry the...

What is a Class B Felony in New York City?

Most people already know that felonies are more serious criminal charges than misdemeanors.  But what fewer people realize is that there are several different kinds of felonies.  Each state has its own system for categorizing – and punishing – felony offenses.  New York refers to each type of felony as a “class.”  In this article,...

What is a Class C Felony in New York City?

In New York City, there are two types of criminal offenses: misdemeanors and felonies.  While both can result in fines, incarceration, and other penalties, felonies are more serious and carry greater penalties for defendants who are convicted or plead guilty.  However, there are many different types of felonies, which are divided into categories called “classes.” ...

What is a Class D Felony in New York City?

The NY Penal Law distinguishes between hundreds of different criminal offenses, ranging from low-level misdemeanors to extremely serious felonies.  However, “misdemeanor” and “felony” aren’t the only classifications a crime receives.  There are also different subcategories of felonies, which in New York are known as “classes.”  The class of a felony is important for the defendant,...

What is a Class E Felony in New York City?

If you are reading these words because you or a family member has been charged with a Class E felony in New York City, it is important that you contact a criminal defense attorney for help.  The penalties for a Class E felony can be extremely harsh, and in addition, a conviction will result in...

Is Consent a Defense to Statutory Rape in New York?

Every day in New York City, teenagers and young adults who have clean records find themselves entangled in serious criminal charges related to statutory rape.  Unlike most other rape charges, where the victim is forced or assaulted into compliance with the offender, statutory rape often involves couples who had no idea they were violating the...