New York Criminal Defense Blog: Sullivan & Gallesahaw

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What is an Aggravated DWI in Queens, NY?

What is an Aggravated DWI in Queens, NY? New York’s crimes are typically divided into two forms of each crime: the standard offense, and an “aggravated” version. Each aggravated crime has specific factors or requirements that turn the “simple” crime into the aggravated form. For driving while intoxicated (DWI), there are actually multiple levels. Aggravated DWI is the most severe form of DWI and involves driving drunk with a child in...

What’s the Difference Between DUI and DWI in Queens?

What’s the Difference Between DUI and DWI in Queens? New York has some strange names for its drunk driving and drugged driving offenses. While most people may simply call it “DUI” or “DWI” based on what they’ve seen in movies and on TV, there are actually very specific names that deal with different legal situations, and refer to charges under different sections of the NY Vehicle and Traffic Law. If you or a loved one was charged with a crime of...

The Difference Between Stalking and Harassment in Queens

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 having a higher potential penalties. Because...

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

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 13 Reasons Why, the question of who is “responsible”...

Why Would Charges Get Dropped in Queens?

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 their cases by applying the law strictly, but once they see the actual evidence they...

Is Burglary Theft?

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 they are both theft crimes. The Queens, NY criminal defense attorneys at...

What is a Class A Felony in New York City?

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 highest penalties in New York State. If you have been...

What is a Class B Felony in New York City?

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, the New York drug possession lawyers at Sullivan and Galleshaw...

What is a Class C Felony in New York City?

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.”  In this article, the New York...

What is a Class D Felony in New York City?

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, because it...