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Rape is defined as the sexual intercourse with another, without the victim’s consent. Date rape is a variation of this, where the defendant and the victim know each other. In rape cases, Date Rape is more common that you might think, it is reported that 70-80% of rape victims knew their offender. The accusation of rape is a serious matter, even if it is not true. It can damage the defendant’s reputation for years to come. A criminal conviction of rape can result in prison, fines, rehabilitation and possibly registering as a sex offender with the State of New York.

Date Rape is defined by the Rape statutes of the New York Penal Law, under sections 130.25, 130.30 and 130.35, depending on the degree committed. 1st degree Rape is defined as intercourse with another person, either by forcible compulsion, or if the victim cannot give consent (due to being physically helpless), or with a person that is under the age of 11 yrs. This crime is categorized as a Class B felony. 2nd degree Rape occurs when an individual over the age of 18 yrs. has sexual intercourse with someone 15yrs. old or younger, or has sex with an individual incapable of giving consent because of mental incapacity. This is a Class D felony. 3d degree Rape occurs when individual has sex with an individual that cannot give consent for another reason than being 17 years old or younger, or being over 21yrs. and having sex with someone younger than 17 yrs. or having sex without consent because the lack of consent is due to another factor other than incapacity. This is categorized as a Class E felony.

The crime of Date Rape can be complex given the pre-existing relationship of the parties. Consent can become a grey area in these types of cases, particularly if there was a pre-existing relationship between the parties. Often poor communication, misunderstood signals and even diminished capacity due to drugs or alcohol may be a factor. In fact Date Rape has received more media attention in the recent past due to the use of what has been called Date Rape drugs, Rohyponol and GHB. It is reported that nearly 1/3 of Date Rape cases involve drugs and/or alcohol. The District Attorney will try to convince the court that all the elements of Rape are present, beyond a reasonable doubt. It will be the job of your Bronx Criminal Lawyer to prove otherwise, and create reasonable doubt in the eyes of the court.

A New York Sexual Abuse Lawyer will tell you that the crime of Sexual Abuse as well as other sex related offenses is on the rise in New York. Because of this, the District Attorney’s office is cracking down on sex offenders like never before. A conviction of Rape, Forcible Touching and Child Pornography amongst other offenses can have significant, life changing consequences for the defendant. A Sex Crime, depending on the particular charge, can be classified as either a misdemeanor or a felony. A conviction can lead to a jail sentence, fines, counseling, loss of reputation, and the requirement to register as a sex offender. The crime of Sexual Abuse is defined by New York Penal Code Section 130.55, 130.60 & 130.65. If you have accused of Sexual Abuse and/or other Sex Crime, it is recommended that you contact a New York Sexual Abuse Lawyer right away.

Sexual Abuse is defined as an individual having sexual contact with another without their consent. There are three degrees of this crime. In the first degree, the contact must be as a result of forcible compulsion, or where the victim is incapable of giving consent, or younger that 11 years old. This crime is classified as a D Felony, which would be punishable by a minimum of one year in prison. Sexual Abuse in the second degree is non-consensual sexual contact where the victim is incapable of consent for a reason other than their young age (17 yrs. or younger) or the victim is less that 14 yrs. old. This is categorized as a Class A Misdemeanor, punishable by a maximum of one year in jail. This crime in the third degree is non-consensual sexual contact by on person against another. An affirmative defense to this crime would be that the victim’s lack of consent was because of their incapacity due to their age (17 yrs), the victim was at least 14 yrs. of age, and that the defendant was within 5 years of age of victim. This crime is classified as a Class B misdemeanor.

An experienced New York Sexual Abuse Lawyer will be invaluable if you have been accused of a Sexual Abuse. It will be the job of the District Attorney to prove your guilt beyond a reasonable doubt. Your Westchester County Criminal Lawyer can raise defenses, and ask questions that can counter this and create reasonable doubt, preventing you from being convicted of the crime.

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The rate of sex crimes are increasing not only in New York, but also in the U.S. Accusations of these crimes cause a social stigma for the defendants, as well as serious legal consequences. A New York Sex Crime Lawyer can discuss the crime of Forcible Touching, as it is defined in New York Penal Law 130.20. This crime is categorized as a misdemeanor, which is punishable by a maximum of one year in jail. If you have accused of a Forcible Touching violation or other Sex Crime, such as a Rape or Child Pornography matter, it is advisable for you to contact at New York Forcible Touching Lawyer at your earliest opportunity.

To be found in violation of the crime of Forcible Touching, the District Attorney must find certain elements present in your particular set of circumstances. The crime of Forcible Touching consists of a defendant touching the intimate area of a victim solely for the purpose of abusing (or degrading) the victim, or for the defendant’s sexual gratification. It will be the job of the District Attorney to prove these elements beyond a reasonable doubt.

In this crime, or for other sex crimes, there are a variety of defenses that can be used by your New York Forcible Touching Lawyer. The specific defenses used will be dependent on the crime in question. The defense of consent comes up frequently. Perhaps for example, the Forcible Touching was committed with the understanding by the defendant that there was consent. There may have been consent initially, but because of the emotional nature of these activities, the victim changed their mind. They may feel like now taking revenge and say that the touching was non-consensual.

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A New York Medicare Fraud Lawyer will tell you that the crime of Medicare Fraud is under scrutiny by the federal government like never before. It is reported that tens of billions dollars are fraudulently charged to the federal government annually. The investigating and reporting of these crimes is on the rise and the government is cracking down on this type of fraud. If you are being investigated, or have been charged with Medicare Fraud or other White Collar Crime, it is important to call a New York Medicare Fraud Lawyer for advice. These charges are serious and it is important to protect your rights. The experienced lawyers at Stephen Bilkis and Associates can provide you with support as well as a free consultation. We have locations to serve you in Westchester County, Nassau County and Suffolk County.

The crime of Medicare Fraud is generally when an individual or company attempts to collect Medicare funds by fraudulent means. The Medicare program is run by the federal government, and as such it is large and complicated. Its complexity lends itself to honest errors on behalf of physicians, who could unknowingly violate Medicare laws without intending to. These unintentional errors, and well as clearly fraudulent activity can be seen by physicians, hospital administrators, and physician assistants. This crime is often seen overlapping with other crimes, like computer fraud, for instance. The following activities can be considered Medicare Fraud:

• Submitting fabricated cost reports to Medicare;

A New York Speeding Ticket Lawyer will tell you that dealing with a Speeding Ticket can be complicated. Each county in the State of New York has its own traffic courts and unique procedures for handling speeding tickets. In traffic court, there will not be a District Attorney present. Because of this, when you go to court the judge, a police officer, and yourself will be the only participants. It is important to seek the advice of a New York Speeding Ticket Lawyer in this instance, as often in traffic court it may be only your word against the testimony of the police officer.

It is important to realize that in traffic court, there is no option to plea bargain. Therefore, your only option will be to either plead guilty, or have the matter go to trial. It is extremely helpful to your case in this instance to have a New York Speeding Ticket Lawyer present with you in court. Your counsel can ask the appropriate questions of the police officer to uncover possible inconsistencies with their testimony. Questions can be raised such as exactly how your speed was measured, and whether you speeding ticket points were assessed against you.

The speeding laws in New York are controlled by the New York Vehicle & Traffic Code, Article 30. One of the consequences of a speeding ticket is not only fines and potential license suspension, but points can be assessed against you by the Department of Motor Vehicles. If a driver receives 11 points within 18 months, it is possible that their license can be Suspended. The points assessed for speeding increase with how fast you were going:

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In the State of New York, a criminal offense is defined by the New York Penal Law, and can be considered a violation, Misdemeanor or a felony.

A violation is punishable by up to 15 days in jail. A misdemeanor is punishable by up to one year in jail. Thehttps://criminaldefense.1800nynylaw.com/lawyer-attorney-1397948.htmlre are three categories of misdemeanors; A, B, and those that are considered unclassified.

A B misdemeanor is punishable by up to 90 days in jail. A felony is punishable by over one year in jail. A felony charge has 5 categories in New York, ranging from A to E. The most severe offense is considered an A felony, which can include a life in prison sentence, and an E felony is considered the lowest level and it punishable by at least 366 days in jail.

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A New York Heroin Possession Lawyer will inform you that unfortunately, Heroin Possession is one of the most used drugs in New York. This drug takes a substantial toll not only on the users themselves, but on their families, surrounding communities, and law enforcement. Not only the District Attorney, but the U.S. Attorney on the federal level aggressively pursues Heroin Possession. The Federal government has a stake in the pursuit of these crimes, because foreign drug cartels use the funds obtained from their illegal activities to wage their battle against the United States.

In the State of New York, if you are caught with Heroin, you are charged with “Criminal Possession of a Controlled Substance,” which is a Misdemeanor. This is technically referred to a “Criminal Possession of a Controlled Substance in the Seventh Degree.” A Misdemeanor is punishable by up to one year in jail. If you are found to be in possession of a ¼ ounce of heroin, the charge will be “Criminal Possession of a Controlled Substance in the 5th Degree, which is considered a D Felony.

The more Heroin you are arrested with, the higher the felony charge. Being arrested with one ounce or more of Heroin would be a C Felony; possession of two ounces (or more), or attempting to sell the drug would be a B Felony. Possession of over 4 ounces is considered an A Felony.

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Grand Larceny is defined as illegally taking the property of another. In New York State the property must be valued at over $1,000.00. This crime is governed by New York Penal Law Sections 155.30 through 155.42. There are four degrees of Grand Larceny, going from Grand Larceny in the 1st degree through Grand Larceny in the 4th degree.

Grand Larceny in the 4th degree is classified as an E Felony would include a theft with a monetary value of $1,000. but not to be higher than $2,999.99 dollars. This category includes crimes such as car theft (must be valued at over $100.), firearm theft, theft of a religious worship item, and stealing a public record. Grand Larceny in the 3d degree is classified as a D Felony, and is the theft of an item valued at $3,000. or more, but not to exceed $49,999.00. Grand Larceny in the 2nd degree is classified as a C Felony. Grand Larceny in the 1st degree involves a theft where the monetary value of the item exceeds $1,000,000.

A New York Grand Larceny Lawyer will explain to you that a charge of Grand Larceny can be based on an accumulation of dollar amounts. For example if someone steals a credit card and charges $1,000. per day for 50 days, the District Attorney can prosecute the defendant for Grand Larceny in the 2nd degree because the cumulative amount of the money taken is $50,000. The ability of the District Attorney to combine amounts over a period of time does not hold true for other crimes, such as Burglary.

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If you have been charged with a crime in the State of New York, you may not be aware that is possible to be in violation of not only New York State law, but Federal Criminal Law as well. If you have been charged with a crime, it is important that you consult with a New York Federal Criminal Lawyer at your first opportunity. Because there is a great degree of discretion in a case that involves both state and federal law, it is important to consult with a New York Federal Criminal Lawyer to review your options. The offices of the United States Attorney may or may not choose to prosecute the matter under federal law, and may pass the case down to the District Attorney. Conversely, if the District Attorney feels that the crime is appropriate for federal involvement it can refer the case to the U.S. Attorney.

On rare occasion, the New York District Attorney, the United States Attorney and the New York State Attorney General can decide to charge a defendant under both federal law as well as state law. The federal law is governed by the United States Codes, and a crime in the State of New York would be governed by the New York Penal Law. If you have been charged with a state or federal crime, it is important to consult with a New York Federal Criminal Lawyer, as the issue of double jeopardy may arise. The concept of double jeopardy means that a defendant may not be charged twice for the same crime. This is prohibited by the United States Constitution. There is a degree of overlap between state and federal law, but in some instances there is not. If this is the case, then it is possible for a defendant to be charged under both state and federal law. This is a complicated matter and it is important to have a skilled New York City Criminal Lawyer discern whether the case is a state case, federal case, or both.

The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

A New York Embezzlement Lawyer will explain to you that Embezzlement is defined as wrongfully misappropriating money or property that has been put in a person’s care but is rightfully owned by someone else. This crime is distinguished from Petite Larceny which is the taking of property below the dollar amount of $1,000., or Grand Larceny which is the taking of property valued at over $1,000. If the District Attorney finds that you in fact guilty of Embezzlement, the punishment imposed upon you by the judge can be substantial. If you have been charge with Embezzlement, it is advised that you call a New York Embezzlement Lawyer at your first opportunity.

As mentioned above, the crime of Embezzlement means that a person, who has responsibility for a certain item of property, takes that property. The concept of Fraudulent Conversion may come into play here as well. Conversion is the crime of taking ownership of property that has been left in your care, and using it for your own benefit (in a way that is not authorized). In order to prove Embezzlement, the following elements must be present: (1) the property involved belonged to someone else; (2) the property was converted or used for the defendant’s purposes; (3) the defendant was in a position of trust and possessed legal possession (or access) of the property; and (4) the defendant knowingly defrauded the owner of the property.

The crime is commonly seen in an employer/employee relationship. But it can be seen in other contexts, where a fiduciary relationship exists between the defendant and the owner of the property. Embezzlement is considered a White Collar Crime. This is a collection of crimes that have the common denominator of fraud. Often these crimes can overlap (Mail Fraud, Bank Fraud, and Computer Fraud, for example). Because of this the District Attorney will examine business records to determine the extent of the fraudulent activity. These matters can be far reaching and complex, and such it is important to have the support of a Brooklyn Criminal Lawyer to help you through your case.

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