New York Criminal Law
New York criminal law provides detailed explanation of crimes and punishments, and can be difficult to follow and understand. Below is a brief selection of common criminal law questions in New York. The selections are not exhaustive, but provide insight into the laws of New York. For specific questions, contact a New York criminal defense attorney.
Drug Possession in New York
New York drug laws specify a long list of drugs possession, sale, manufacture, or transportation of which is prohibited. The severity of the punishment for the crime depends on the classification of the drug, and the degree of the criminal behavior associated with the drug:
The specific offenses are spelled out in more detail in the New York drug possession laws, which can be complicated further by previous offences. If you have been arrested for drug possession or sale, contact a New York criminal defense attorney.
Assault in New York
An offense for assault and battery in New York arises from the crimes of Menacing and Assault. There are many factors that can aggravate an assault charge, such as using a vehicle or committing the assault against minors or on school grounds. If arrested for assault, contact a New York criminal defense attorney.
New York DUI
A DUI in New York is a serious offense, and should not be considered lightly. A DUI can result in a fine up to $1000, a suspension of a license, possible required counseling, and further penalties for subsequent DUIs. Should the offense result in injury or loss of life, the consequences are increasingly severe. If arrested for a DUI in New York, it is advisable to contact a New York DUI Attorney.
Right to a Jury in New York
An indictment in New York will be settled by a jury trial. However, the defendant may elect to waive their right to a jury trial and have a bench trial (judge is the jury), unless the indictment is for murder in the first degree. In order to waive the right to a jury in New York, a defendant must do so in writing and present it to the Court. The right will be waived unless the Court finds the waiver to be a tactic to gain a procedural advantage.
Trial Date in New York
A defendant in New York has a right to a speedy and fair trial, and New York criminal procedure outlines timeframes for the process:
In any case either party may make a motion for a continuance, and the Court will rule on the motion after considering party’s sincere need, availability of witnesses / evidence, and the preparedness of the parties. You should speak with a New York criminal defense attorney if you believe your right to a speedy and fair trial has been violated.
Sentence Review and Appeals in New York
New York’s appeal process allows a defendant to challenge a conviction, sentence, or an order in their case. A defendant can challenge a sentence, an order to forfeit assets, an order denying use of forensic DNA evidence, and others. For more information on the appeal process in New York, contact a New York criminal defense attorney.
New York Criminal Law Statutes
To see the following New York Criminal Law Statutes, click here: