What is Bail Jumping or Failure to Appear in New York?

Bail jumping, also known as “skipping bail” or “failure to appear,” is a criminal offense that occurs when an individual who has been released on bail fails to comply with the terms and conditions of their release or fails to appear in court as required. It is generally considered a separate crime from the original offense for which the individual was arrested and bailed out and can result in additional punishment. 

If you have been charged with bail jumping in New York, it is important to understand the potential consequences the charges can have on your future. Getting the help of an experienced New York City criminal defense attorney can help you get an insight into your charges and give you the skilled representation you need to protect your rights. Our team of skilled criminal defense attorneys in New York can assist you by investigating the details of your case and building a robust legal defense strategy. Contact us today at (646) 663-4430 for a free legal consultation.

Understanding Bail and Bail Conditions

Bail is a set amount of money or property that is deposited with the court to ensure that an individual who has been arrested and charged with a crime will return to court on their assigned court date. The purpose of bail is to allow a defendant to remain free while awaiting trial, but also to provide an incentive for them to appear in court when required. If the defendant appears for all of their scheduled court dates, the bail amount is typically returned to them or the person who paid it on their behalf, minus any court fees or fines.

When a defendant is released on bail, they are usually required to adhere to certain conditions. These may include, but are not limited to, the following: 

• Staying within a specified jurisdiction
• Avoiding contact with alleged victims or witnesses
• Abiding by a curfew
• Attending all court appearances
• Reporting to law enforcement or a bail bondsman, as directed
• Not committing any new offenses

Violating any of these conditions can result in bail being revoked and the defendant being returned to custody.

What Constitutes Bail Jumping

Bail jumping occurs when a defendant intentionally violates the terms of their release on bail. The most common offense associated with bail jumping is a failure to appear in court, but other violations of bail conditions can also constitute bail jumping. Intent is a crucial factor in determining whether a violation is considered bail jumping. If a defendant misses a court appearance or violates another bail condition unintentionally, it may not be automatically considered bail jumping, depending on the circumstances surrounding the incident. 

In New York, there is a grace period of 30 days allowing the defendant to appear in court after missing the original court date. If the defendant still intentionally refuses to appear in court after the grace period, they may be charged with bail jumping. 

Consequences for bail jumping can be severe and may include: 

• Increased bail amount or forfeiture of the original bail
• A warrant issued for the defendant’s arrest
• Additional criminal charges for bail jumping, which can result in increased fines, a longer probation sentence, or additional incarceration time 
• Loss of eligibility for bail in the future, meaning a defendant may have to remain in custody until their case is resolved

It is important for defendants to understand the consequences of bail jumping to be able to avoid additional consequences and the revocation of bail. Bail jumping can also be seen as an indication of guilt and may be detrimental to the proceedings of the original charges filed against the defendant.

Differences Between Bail Jumping and Failing to Appear

Although bail jumping and failing to appear are often used interchangeably, there can be significant differences depending on the circumstances. As mentioned, the key differentiator between these two terms is the concept of intent.

Failing to appear typically refers to a situation in which a defendant unintentionally misses a court appearance or requirement, such as forgetting about their scheduled court date, being late due to circumstances beyond their control, or dealing with a medical emergency. In such cases, a defendant may not receive additional criminal charges related to bail jumping, although they may still face consequences like a warrant for their arrest, an increased bail amount, or having their bail revoked altogether.

On the other hand, bail jumping is specifically characterized by the defendant’s intentional failure to appear or comply with their bail conditions, demonstrating a willful disregard for the court’s authority. In cases of bail jumping, the defendant is likely to face the full range of consequences, including additional criminal charges and penalties.

In summary, bail jumping is a serious offense that involves intentionally violating the terms of bail, most commonly by failing to appear in court. The consequences can be severe and create additional legal challenges for the defendant. Understanding the differences between merely failing to appear and bail jumping is crucial for defendants and their legal representatives to ensure they are properly handling their case and following the law.

New York State Laws on Bail Jumping

Bail jumping, also known as failure to appear (FTA), is a criminal offense in New York State. When a defendant is released on bail or their own recognizance and fails to appear in court as required, they may be charged with bail jumping. This offense can be classified into three different degrees depending on the severity of the charge the defendant was released on. 

Classification of Bail Jumping Offenses

In the state of New York, there are three levels of bail jumping offenses. Each of these levels is determined by the severity of the underlying charge the individual was facing before they failed to appear in court.

Bail Jumping in the Third Degree

The least severe of the three levels, bail jumping in the third degree, occurs when a defendant fails to appear in court while facing a misdemeanor charge. Examples of misdemeanor charges include petit larceny or driving while intoxicated. Third-degree bail jumping is a class A misdemeanor.

Bail Jumping in the Second Degree

Bail jumping in the second degree occurs when a defendant fails to appear in court on a felony charge that is not a class A felony. Examples of felony charges that could lead to a second-degree bail jumping charge include second-degree assault or third-degree burglary. Bail jumping in the second degree is a class E felony.

Bail Jumping in the First Degree

Bail jumping in the first degree is the most severe of the offenses. It occurs when a defendant fails to appear in court while facing a class A felony charge. Examples of class A felonies include first-degree murder or first-degree kidnapping. A first-degree bail jumping charge is itself a class D felony.

Bail Jumping Offense Level	Details
Third Degree	Occurs when a defendant fails to appear in court while facing a misdemeanor charge, such as petit larceny or driving while intoxicated. It is a class A misdemeanor.
Second Degree	Occurs when a defendant fails to appear in court on a felony charge that is not a class A felony, such as second-degree assault or third-degree burglary. It is a class E felony.
First Degree	Occurs when a defendant fails to appear in court while facing a class A felony charge, such as first-degree murder or first-degree kidnapping. It is a class D felony.

Possible Defenses for Bail Jumping Charges

There are various defenses a defendant can use to fight bail jumping charges in New York State. Some common defenses include:

• Mistake or lack of intent: A defendant might be able to avoid a bail jumping charge if they can prove they unintentionally missed their court date due to an honest mistake or extraordinary circumstances. For instance, if they were unaware of the court date or there was an emergency that truly prevented them from attending, they may have a valid defense.
• Lack of notice: If a defendant can prove they were never properly informed of the court date, they may have a defense against the charge.
• Voluntary return: If a defendant voluntarily returns to court within 30 days of the missed appearance, they may not be charged with bail jumping. Voluntary return is an affirmative defense to a bail jumping charge under NYPL Section 215.59.
• Procedural errors: If law enforcement or the court made a procedural error leading to the missed court date, a defendant may use this as a defense. For instance, if the police arrested the defendant without a warrant or the court mishandled the defendant’s case, the defendant’s attorney might be able to argue that the bail jumping charge should be dismissed.

It’s important to note that the success of these defenses will depend on the specific facts of the case, and they may not be applicable in all situations. As a result, it’s crucial to consult with an experienced criminal defense attorney to discuss the best strategy for fighting a bail jumping charge in New York State.

Consequences of Bail Jumping in New York

The consequences for bail jumping in New York can be severe, including criminal penalties, an impact on the current criminal case, and collateral consequences.

Criminal Penalties

Bail jumping in New York is treated as a criminal offense, with penalties varying depending on the severity of the original charges. The penalties that may be imposed include imprisonment, fines, and probation.

• Imprisonment: Bail jumping may result in a jail or prison sentence. For a misdemeanor charge, the maximum sentence for bail jumping is one year in jail. For a felony charge, the maximum sentences range from four to seven years in prison, depending on the severity of the original felony charge.
• Fines: Defendants convicted of bail jumping may also be required to pay fines. The amount of these fines will vary depending on the severity of the original charges and other factors related to the case, but fines could range from several hundred to several thousand dollars.
• Probation: In some cases, a judge may suspend a sentence of imprisonment and instead place the defendant on probation for the bail jumping offense. During probation, the defendant will be required to follow a strict set of rules and conditions, including regularly reporting to a probation officer, participating in programs or classes as required, and not committing any new offenses.

Impact on Current Criminal Case

In addition to the criminal penalties that may apply to the bail jumping offense itself, the act of failing to appear in court can have significant consequences on the defendant’s current criminal case. These consequences may include increased bail amounts, revocation of bail, and being considered as an aggravating factor in sentencing.

• Increased Bail Amount: When a defendant is accused of bail jumping, a judge may choose to increase the amount of their bail, making it even more difficult for them to be released from custody while their case is pending.
• Revocation of Bail: In some instances, the judge may decide to revoke the defendant’s bail altogether, meaning they will be held in jail without the possibility of release until their case is resolved.
• Aggravating Factor in Sentencing: Bail jumping can be considered an aggravating factor when determining the appropriate sentence for the defendant’s original charges. This means that the fact that the defendant failed to appear in court as required may result in a harsher sentence for their original criminal charges.

Collateral Consequences

There may be collateral consequences related to bail jumping, which can affect a defendant’s life even after their criminal case has been resolved. These consequences may include employment and housing difficulties, damage to personal relationships, and the loss of public benefits.

• Employment and Housing Difficulties: A criminal conviction for bail jumping can make it difficult for a defendant to find and maintain employment and housing, as potential employers and landlords may be deterred by the individual’s criminal record.
• Damage to Personal Relationships: Bail jumping can strain personal relationships between defendants, their friends, and family members. Loved ones may feel betrayed by the defendant’s actions and may be less likely to support the individual moving forward.
• Loss of Public Benefits: A criminal conviction for bail jumping may lead to the denial or loss of some public benefits, such as government assistance programs or professional licenses.

Bail jumping in New York can result in severe consequences for defendants, including criminal penalties, an impact on their current criminal case, and collateral consequences that may continue to affect their lives after their case is resolved. For this reason, it is crucial for individuals facing the possibility of bail jumping to consult with an experienced criminal defense attorney to understand the potential consequences and explore their options for resolving the situation.

Preventing Bail Jumping

Bail jumping is a serious offense that occurs when a person who has been released on bail fails to appear in court as required. This can lead to severe legal consequences such as additional criminal charges, increased bail amounts, and a longer sentence if found guilty. To prevent bail jumping, it is essential to understand and comply with bail conditions and court orders, communicate effectively with legal counsel, use court notification systems, and know when and how to seek modifications to bail conditions.

Understanding Bail Conditions and Court Orders

To prevent bail jumping, individuals must first understand the specific terms and conditions of their bail release. These can vary depending on the circumstances of the case, the jurisdiction, and the judge’s discretion. Common bail conditions may include restrictions on travel, requirements to surrender one’s passport, obeying curfew hours, abstaining from drug or alcohol use, and reporting to a probation officer.

It is vital that individuals take the time to read and understand all documents provided to them by the court, including the pretrial release order or any other court orders. If there are any questions or confusion about these conditions, it is crucial to ask legal counsel for clarification.

Communicating with Legal Counsel

Proper communication with one’s attorney is an essential factor in preventing bail jumping. The attorney can assist in understanding the bail conditions, informing the defendant about upcoming court dates, advising on any restrictions or requirements, and representing their interests in seeking bail modifications if necessary.

Defendants should maintain open and frequent communication with their legal counsel throughout the entire criminal justice process. This includes staying in contact with their attorney regarding any changes in their circumstances, as well as informing them of any potential difficulties in complying with bail conditions, such as issues with transportation, housing, or employment. Additionally, defendants should always consult with their attorney before making any decisions with legal implications that may affect their case.

Seeking Modifications to Bail Conditions

If an individual believes that their bail conditions are too restrictive or problematic, they may request a modification. This can be done by filing a motion to modify bail conditions with the court, which should include the rationale for the request and any supporting documentation.

To increase the likelihood of the court granting the modification, individuals should first consult with their attorney, who can advise on the best way to present the motion and gather necessary supporting evidence. Examples of reasons for seeking a bail modification may include changes in personal circumstances, such as finding employment or securing stable housing, or a decline in the person’s flight risk due to the passage of time or new evidence in the case.

In conclusion, preventing bail jumping is crucial for both the defendant’s well-being and the interests of the criminal justice system. By understanding and adhering to bail conditions, maintaining open communication with legal counsel, utilizing court notification systems, and seeking modifications as necessary, individuals can greatly reduce the risk of bail jumping and its consequences.

Resources for Individuals Accused of Bail Jumping

Being accused of bail jumping can be an incredibly stressful and overwhelming experience. Luckily, there are a variety of resources available for individuals facing this accusation. 

Pretrial Services Programs

Pretrial services programs are designed to help individuals navigate the criminal justice system while they await trial. These programs offer a variety of services, including case management, court reminder calls, and supervised release options, that can help individuals accused of bail jumping adhere to the conditions of their bail and avoid further legal trouble. Some pretrial services programs in New York include the New York City Criminal Justice Agency and the Center for Community Alternatives.

Community and Social Support Groups

Individuals accused of bail jumping can also benefit from the support provided by community organizations and social networks. These groups offer emotional, social, and sometimes financial support to individuals facing legal challenges, helping to reduce anxiety and stress.

Ultimately, understanding the resources available and seeking help from a variety of sources can significantly improve the outcome of a bail jumping case, as well as help individuals maintain their emotional, mental, and physical well-being during this challenging time.

Hiring a Skilled New York Bail Jumping Defense Attorney

Individuals accused of bail jumping may choose to hire a private criminal defense attorney to represent them in court. Private attorneys often have more resources and time to devote to their clients’ cases than public defenders do, which can translate to better outcomes in some situations. 

In the event that your case proceeds to trial, the presence of an attorney becomes absolutely indispensable. They assume the crucial role of courtroom representation, fearlessly challenging evidence and passionately presenting persuasive arguments to defend you against the bail jumping charges.

An attorney can also provide additional help in terms of alleviating the impacts of a conviction and can help you understand and avoid the potential repercussions. An attorney can also diligently explore alternative sentencing options, skillfully present mitigating factors, and relentlessly advocate for solutions that will minimize the overall impact of the charges on your life.

Throughout the entire legal journey, an attorney stands firmly by your side, providing you with unwavering support and indispensable guidance. They can attentively address your concerns, comprehensively explain the intricacies of your options, and ensure that you are consistently informed and empowered, placing you in a position of strength throughout your case.

The significance of hiring a New York bail jumping attorney cannot be overstated. They possess the knowledge, experience, and commitment necessary to protect your rights, construct a formidable defense, and expertly navigate the complexities of the legal system. Their presence, representation, and unwavering support hold the potential to significantly shape the outcome of your case.

Contact Lebedin Kofman LLP Today for a Consultation

Our experienced NYC bail jumping attorneys can provide quality legal representation and counsel in your case. Our team has worked diligently to assist New York residents in every step of their cases. At Lebedin Kofman LLP, our priority is to help our clients navigate the legal system, help them understand their rights under the law, and help them make informed decisions while building a robust defense strategy against their charges. 

Don’t face your charges alone. To learn more information, contact Lebedin Kofman LLP today to schedule a free consultation at (646) 663-4430.

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Successful Resolution of a Complicated Criminal Possession of a Weapon Case

At Lebedin Kofman Law Firm, our team of New York criminal defense lawyers takes pride in helping our clients navigate their legal challenges with ease. Recently, we successfully resolved a complicated case related to criminal possession of a weapon in the second degree. The client, a jeweler from Baltimore, came to New York City with a gun that was legal to own in his state where he had a permit, but illegal to carry in the city.

The possession of a weapon charge is a serious offense in New York City, attracting strict legal punishments. The offense is classified as a violent felony offense, with a second-degree charge being the most severe for one gun. This charge is reserved for instances where an individual possesses a weapon with the intent to use it unlawfully against another person. The punishment if convicted for this offense must be incarceration for a period of 3.5 to 15 years and post-release supervision for a term up to five years. A conviction for a violent felony would also make an individual a violent felony offender, which would significantly increase an individual’s sentence, should they be rearrested on a future felony offense. 

In the case of the jeweler from Baltimore, he was arrested and charged with criminal possession of a weapon in the second degree, as well as related charges in New York County. With the seriousness of the offense and the complicated nature of resolving such cases in New York County, the client needed experienced legal representation. Any attorney who is experienced in practicing criminal defense in the five boroughs will tell you that the prosecutors in New York County are the toughest to deal with and the sentences, if convicted, are usually the longest.

At Lebedin Kofman Law Firm, we have experienced and dedicated attorneys who understand the complexities involved in resolving criminal possession of a weapon cases ranging from gun possession to gun sales to undercover agents, as well as charges for bringing and selling guns across state lines. Our team was able to get all felony charges, as well as misdemeanor charges, dismissed for the client in a period of two months! We resolved the case with a disorderly conduct charge which seals by operation of law in 12 months. Meaning that after 12 months this client will have nothing at all on his rap sheet.

We are proud to have been able to help our client avoid severe legal repercussions and, at the same time, optimize his engagement with the legal system. Our strategy involved understanding the intricacies of his case, identifying helpful legal defenses, and ensuring that his rights were protected throughout the legal process.

We commonly see people who have concealed carry permits for firearms that are legally purchased in different states get arrested in New York City, because of a common misconception that they can carry their firearms here with their permits. This is very common as well with people flying into and out of LaGuardia airport and JFK. We have consistently and successfully represented individuals in these situations with excellent results, including no Jail Time and no criminal record.

In summary, criminal possession of a weapon case in New York County can be quite challenging to resolve, but with experienced and dedicated legal representation such as ours at Lebedin Kofman Law Firm, clients can be sure of a positive outcome. If you need legal representation for similar issues, don’t hesitate to reach out to us. Contact us today at (646) 663-4430, our legal team is always ready to help.

Degree of Possession	Definition	Penalties
Fourth Degree	Possessing any weapon, including firearms, with a criminal record or other disqualifying factor	Class A misdemeanor, up to 1 year in jail
Third Degree	Possessing certain types of weapons, such as assault weapons or large capacity ammunition feeding devices	Class D felony, up to 7 years in prison
Second Degree	Possessing a loaded firearm outside one’s home or business, or possessing certain other weapons with criminal intent	Class C felony, up to 15 years in prison
First Degree	Possessing any explosive substance with the intent to use it against another person, or possessing 10 or more firearms	Class B felony, up to 25 years in prison

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Can Federal Charges Be Dropped After an Indictment in New York?

Federal charges and indictments are an aspect of the criminal justice system that pertains to crimes punishable under federal law. To fully comprehend these concepts, it is crucial to understand the definitions of federal charges and indictment, the differences between New York State and federal jurisdictions, and how they function within the larger framework of the United States criminal system.

At Lebedin-Kofman LLP, we understand the gravity of facing a federal indictment and the criminal justice system. Our team of skilled New York federal criminal lawyers works diligently to provide aggressive and quality legal representation. When facing federal charges, you should not leave the matter of your defense up to chance. We handle cases in both the Eastern and Southern districts of New York. Contact us today at (646) 663-4430 to schedule a consultation with one of our experienced NY federal criminal attorneys.

What Are Considered Federal Charges?

Federal charges are criminal allegations that fall under the purview of the United States government due to the nature of the offense or the venue where it occurred. These charges involve alleged violations of federal statutes as outlined in the United States Code.

Crimes that might result in federal charges include, but are not limited to, the following:

• Drug trafficking or conspiracy
• Racketeering and organized crime
• Fraud involving federal programs, such as Medicare or bank fraud
• Crimes committed on federal properties, such as military bases, federal buildings, or national parks
• Terrorism or national security offenses
• White-collar crimes that involve wire fraud, mail fraud, or securities fraud
• Internet crimes, such as hacking or child pornography distribution

It is worth noting that in some instances, a crime can violate both state and federal laws, and can result in the filing of charges at both levels. In these cases, the defendants may face penalties for their acts in either, or both, jurisdictions.

Definition of Indictment

An indictment is a formal written accusation submitted by a grand jury to charge an individual with a crime, specifically a felony offense. The process of indictment is initiated by federal prosecutors who present evidence to a grand jury, a group of 16 to 23 citizens who determine if there is probable cause to support the charges.

If the grand jury finds sufficient evidence, it returns a “true bill,” resulting in an indictment being filed against the accused. In contrast, if the grand jury does not find probable cause, it returns a “no bill.” Notably, an indictment is not a conviction; rather, it is a formal way of levying charges. Following the indictment, the defendant has the right to a trial to determine their guilt or innocence.

New York State vs. Federal Jurisdiction

The jurisdictional difference between the New York State and the federal criminal justice system stems from the specific government entity that possesses the power and authority to prosecute an alleged offense. While both jurisdictions share the responsibility of maintaining law and order, they maintain separate penal codes, distinct trial processes, and different punishments for convicted individuals.

New York State jurisdiction primarily addresses crimes committed within its borders and involves offenses that are violations of state law. State and local law enforcement agencies, such as the New York State Police or the New York Police Department, generally investigate these crimes, while district attorneys and prosecutors bring charges for alleged offenses. Cases under state jurisdiction are usually tried in state courts, such as the Supreme Court of New York.

On the other hand, crimes that involve the United States government, violate federal statutes, or cross state lines are handled at the federal level. Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), or the Department of Homeland Security (DHS), handle investigations related to these crimes. U.S. Attorneys are responsible for prosecuting these cases, which are held in federal district courts.

In some instances, both state and federal jurisdictions may have concurrent jurisdiction, meaning that either entity can prosecute the alleged crime. In these cases, the decision on which jurisdiction takes the case might depend on various factors, such as the complexity of the crime or the resources available for investigation and prosecution. An individual facing charges in both jurisdictions may end up being charged and tried separately in each, resulting in different sentences and potential penalties.

Timeline of Federal Criminal Cases in New York

The timeline of federal cases in New York can vary, depending on the circumstances of the case and the specific type of charges being brought. However, federal cases in New York typically follow the following timeline.

Investigation

The process of federal criminal cases in New York begins with an investigation. This step involves federal law enforcement agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or other federal agencies conducting an inquiry into alleged criminal activity. Investigations typically start when law enforcement receives a complaint, tip, or initiates its own probe.

During the investigation, federal agents gather evidence against the suspects, which may include interviews, surveillance, search warrants, and arrests. If law enforcement agents believe that a federal crime has been committed, they will present their findings to the United States Attorney’s Office for the Southern or Eastern District of New York, based on the jurisdiction where the crime occurred.

The United States Attorney’s Office will then review the evidence and determine whether there is sufficient basis to proceed with a criminal case. If the prosecutor decides to move forward, they may negotiate a plea bargain with a suspect, bring charges, or decline the case, depending on the specific circumstances and evidence.

Arrest and Initial Appearance

After the investigation and a decision to bring charges, an arrest warrant or summons may be issued for the defendant by a federal magistrate judge. The arrest could be made by local, state, or federal law enforcement agents.

Once a defendant is arrested, they must be brought before a magistrate judge for an initial appearance without unnecessary delay, typically within 48 hours. During the initial appearance, the defendant will be informed of the charges against them, their right to an attorney, and any conditions for pretrial release or detention. If the defendant cannot afford an attorney, one will be appointed by the court.

The magistrate judge will determine whether the defendant should be released on bail or detained until trial. This decision is based on several factors, including the nature and seriousness of the charges, the defendant’s criminal history, potential danger to the community, and their risk of flight.

The Role of the Grand Jury

In federal criminal cases, the grand jury plays a crucial role in determining whether there is enough evidence to formally charge the defendant with a felony. The grand jury reviews evidence and hears witnesses presented by the prosecutors to see if there is probable cause to believe that a crime has been committed and that the defendant is responsible. In New York, grand juries are typically formed by 16 individuals. To get an indictment, 12 out of the 16 must concur on the decision.

The grand jury proceedings are secret, and the defendant and their attorney usually do not have the right to appear or present evidence. If the grand jury chooses to indict the defendant, they issue a written statement called an indictment, which contains the official charges against the defendant. If the grand jury does not indict the defendant, they may issue a “no true bill,” effectively ending the case.

Pretrial Proceedings

Once the defendant has been indicted, pretrial proceedings commence. This stage involves the exchange of information between the prosecution and defense, known as discovery. Discovery allows both sides to thoroughly examine the evidence and prepare their cases for trial.

Additionally, pretrial motions may be made before the trial, where attorneys can argue for the exclusion of certain evidence or the dismissal of charges. The judge will rule on these motions, shaping the scope and direction of the trial.

During this phase, plea negotiations may also take place. The prosecutor and defense attorney may discuss reaching a plea agreement, where the defendant pleads guilty to a lesser charge or agrees to cooperate with the government in exchange for a reduced sentence or other concessions.

If a plea agreement is not reached, the case will proceed to trial. Federal criminal trials in New York are held before a U.S. District Judge and a jury of 12 members. Both sides present their evidence, call witnesses, and make closing arguments. The jury will then deliberate and render a guilty or not guilty verdict.

If the defendant is found guilty, the judge will schedule a sentencing hearing. The severity of the sentence will depend on various factors, including the nature of the crime, the defendant’s criminal history, and the federal sentencing guidelines.

If the defendant is acquitted, they will be released, and the case will be officially closed. However, the government may choose to appeal the decision on legal grounds. If found guilty, the defendant can also appeal their conviction or sentence.

Why Federal Charges May Be Dropped After an Indictment

Just like on other criminal charges, being indicted on a federal crime does not mean a person would be automatically convicted. The defendant would be given an opportunity to argue their case in a trial. Aside from that, the prosecution is also required to prove their case beyond a reasonable doubt and would need to provide a strong argument for conviction, as well as relevant evidence. This also means that due process would still be observed and each side must adhere to the protocol and the laws strictly or risk being held in contempt or being tried for misconduct. 

If the prosecution is not able to build a strong case or performs actions that violate the legal protocol, the federal charges may be dropped even after the indictment. Here are several reasons why charges may be dropped after an indictment has been issued.

Insufficient Evidence or Evidence Suppression

One of the primary reasons for a federal charge to be dropped after an indictment is insufficient evidence. Insufficient evidence refers to a situation where the prosecution does not have enough evidence to meet their burden of proof. This means that they cannot show that the defendant is guilty beyond a reasonable doubt. 

Suppressed evidence refers to evidence that is not admissible in court due to a violation of the defendant’s constitutional rights. If the prosecution presents evidence that was obtained illegally, the court may suppress that evidence and prevent it from being used against the defendant. This can potentially lead to the dismissal of federal charges in the US.

The exclusionary rule is a legal principle that prohibits the use of evidence obtained in violation of the defendant’s constitutional rights. This rule applies to both state and federal criminal cases. The Fourth Amendment to the US Constitution protects against unreasonable searches and seizures, while the Fifth Amendment protects against self-incrimination. If the prosecution violates these rights in obtaining evidence, the evidence may be suppressed.

In some cases, the evidence may not meet the standard of proof, such as when there is a lack of witnesses or the evidence itself is weak and does not prove culpability beyond a reasonable doubt. Additionally, even if the evidence is strong but obtained through illegal means, it can still be suppressed. 

Either way, this means that the prosecution does not have enough evidence or cannot use specific evidence to prove that the defendant is guilty in court. This can be a significant blow to the prosecution’s case. In some cases, if the suppressed evidence is the only evidence that the prosecution has, the court may dismiss the charges as it would if the evidence is not found to be sufficient.

Exculpatory Evidence

Exculpatory evidence is evidence that tends to show that the defendant did not commit the crime with which they are charged. This evidence can be crucial in criminal cases, particularly in federal cases where the penalties can be severe. In the United States, exculpatory evidence is protected under the Brady rule, which requires prosecutors to disclose any exculpatory evidence to the defense.

If exculpatory evidence is discovered after a defendant has been charged with a federal crime, it may be possible to have the charges dismissed. This is because the prosecution has a duty to disclose all exculpatory evidence to the defense. If they fail to do so, it can be considered a violation of the defendant’s due process rights.

In order to have charges dismissed based on the failure to disclose exculpatory evidence, the defendant must show that the evidence was material to their defense. This means that the evidence must have been favorable to the defendant and could have affected the outcome of the case. If the defendant can show that the prosecution failed to disclose material exculpatory evidence, the court may dismiss the charges.

Prosecutorial Misconduct

Prosecutorial misconduct refers to unethical or illegal actions taken by a prosecutor during a criminal case. Examples of prosecutorial misconduct include withholding exculpatory evidence, presenting false evidence, and coercing witnesses. If a defendant’s attorney can demonstrate that the prosecutor engaged in misconduct, the judge may dismiss the charges. In some cases, the entire case can be thrown out if the misconduct is severe enough, even if the underlying charges are serious.

Procedural Errors in the Grand Jury Process

Errors in the grand jury process can also lead to the dismissal of federal charges. The grand jury is responsible for determining whether there is enough evidence to indict a person on federal criminal charges. However, certain procedural rules must be followed during the grand jury process. If these rules are violated, the indictment may be challenged in court. For instance, if certain evidence presented to the grand jury was obtained unlawfully, testimony was improperly obtained or grand jury secrecy was violated, the errors can provide grounds for dismissing the charges.

Violation of Constitutional Rights

If a defendant’s constitutional rights are violated during the investigation or prosecution of a case, the charges may be dropped. Examples of constitutional violations include unreasonable search and seizure, failure to provide a speedy trial, failure to provide a defendant with access to an attorney, and other violations of a defendant’s rights guaranteed by the Fourth, Fifth, and Sixth Amendments. If the violation is severe enough, it can lead to the dismissal of the federal charges.

Methods to Request Dropping Federal Charges in New York

Motion to Dismiss the Indictment

One of the most common methods to request the dismissal of federal charges is to file a motion to dismiss the indictment. This motion can be based on several reasons, like insufficient evidence, prosecutorial misconduct, or procedural errors in the grand jury process. The court will hear arguments from the defense and the prosecution and will then decide whether or not to dismiss the charges.

Pretrial Diversion Programs

Pretrial diversion programs are alternatives to prosecution that can lead to the dismissal of federal charges. These programs usually involve a period of probation, community service, or other requirements. If the defendant successfully completes the program, the charges will be dropped. This option is more likely to be available for first-time offenders or those with minor charges, and its availability may vary depending on the jurisdiction.

Plea Bargaining

Plea bargaining involves the negotiation between the defense and the prosecution to reduce charges, reduce sentencing, or dismiss charges altogether in exchange for a guilty plea from the defendant. The defendant would also be required to make an allocution or personally admit to conducting the crime in front of a judge. This method is often employed when the evidence is weak or if the prosecution wants to avoid the time and expense of a trial. However, plea bargaining is not guaranteed, and the decision to offer a reduced charge is ultimately up to the prosecutor.

Cooperation Agreements with the Government

In some cases, the defendant may be able to negotiate a cooperation agreement with the government to provide information, assist in ongoing investigations, or testify against co-defendants or other individuals involved in criminal activities. In exchange for this information, the prosecution may agree to drop or reduce the charges facing the defendant. This option may only be available to those with valuable information and a willingness to cooperate, and the decision to offer such an agreement is solely within the discretion of the prosecutor.

Role of the Defense Attorney in Challenging an Indictment

The role of a defense attorney is crucial in ensuring the rights and interests of an individual charged with a crime are protected throughout the criminal justice process. Challenging an indictment is a significant aspect of a defense attorney’s responsibilities.

Investigating the Case and Evidence

A defense attorney must thoroughly investigate the case and examine the evidence obtained by law enforcement and the prosecution. This task is essential in determining whether the charges lodged against the defendant are legally sufficient and supported by objective evidence. A comprehensive examination of evidence also helps to identify any exculpatory information that may exist or develop strategies for offering alternative explanations for the criminal conduct alleged in the indictment.

The defense attorney’s investigation may involve interviewing potential witnesses, gathering documents, reviewing police reports, analyzing the crime scene, obtaining expert opinions, and conducting independent tests on physical evidence. The attorney’s investigation may also explore whether law enforcement conduct infringed on the defendant’s constitutional rights. For example, instances like unlawful search and seizure, illegal arrests, or coerced confessions could compromise the validity of the indictment.

Filing Motions on Behalf of the Defendant

One critical aspect of challenging an indictment involves the defense attorney filing pretrial motions on behalf of the defendant. Pretrial motions are hearings and proceedings that transpire before the trial itself begins. These motions provide the defense with an opportunity to argue the legal sufficiency of the indictment and challenge the adequacy of the evidence supporting it. It also allows the defense attorney to protect the defendant’s rights by raising potential constitutional violations.

Some common pretrial motions include motions to dismiss the indictment, motions to suppress evidence, and motions to change the venue. A motion to dismiss the indictment contests the legal sufficiency and accuracy of the charges in the indictment, based on insufficient evidence or jurisdictional issues. A motion to suppress evidence seeks to exclude potentially incriminating evidence obtained in violation of the defendant’s rights or due to law enforcement misconduct. A motion to change the venue is a request to move the trial to a different location to ensure a fair and impartial trial for the defendant.

Negotiating with the Prosecutor’s Office

Another critical component of a defense attorney’s role in challenging an indictment is negotiating with the prosecutor’s office. These negotiations can substantially impact the outcome of the case, and a skilled defense attorney will use their advocacy skills to reach a favorable resolution for their client.

Negotiations can include plea bargaining or seeking a reduction in the severity of the charges lodged against the defendant. A plea bargain is an agreement between the prosecution and the defense, where the defendant agrees to plead guilty to a lesser charge or to reduced charges in return for concessions from the prosecutor. This process helps both parties avoid the uncertainties and costs associated with a trial while reaching a mutually agreeable outcome. Defense attorneys can also engage in discussions with the prosecution to obtain pretrial diversion programs or alternatives to incarceration for their clients.

A defense attorney plays a vital role in challenging an indictment to protect the rights and interests of the accused. This process includes investigating the case, filing pretrial motions, and negotiating with the prosecutor’s office. By executing these functions effectively, a defense attorney can ensure that their client receives a fair and just resolution to their case.

Impact of Dropped Charges on the Defendant

When a prosecutor decides to drop criminal charges against a defendant, it can have a significant impact on the individual concerned. While the decision may ultimately be beneficial, there are still potential consequences that may arise from having the indictment dismissed. Some consequences include:

Records of Arrest and Criminal Proceedings

When criminal charges are dropped, it can have an immediate positive effect on the defendant. It can mean a release from custody, removal of restrictive bail conditions, or termination of probation requirements. However, even when charges are dropped, records of the arrest and any subsequent criminal proceedings may still exist, potentially causing lingering issues for defendants.

Records of arrests and court proceedings can continue to appear in public records and online, potentially causing problems for individuals as they apply for jobs or housing, or pursue education or other opportunities. These records can include information about detention, arraignment, and dismissal of charges. In some cases, employers, landlords, or other parties may still view a person with dropped charges as a potential risk, even when the individual has not been convicted of a crime.

In addition, some background-checking services may erroneously report charges that are already dropped. This can compound the difficulties faced by defendants as they might have to take extra steps to clear their names and ensure that their records are accurate.

Potential for Civil Action Against Law Enforcement

In some instances, defendants whose charges have been dropped may have grounds to pursue civil action against law enforcement or other parties involved in the criminal justice process. This can occur if the defendant believes they have been subjected to wrongful arrest or prosecution, or if they believe that their rights have been violated at any stage in the process.

Potential claims in civil lawsuits could include false arrest, malicious prosecution, abuse of process, intentional infliction of emotional distress, or civil rights violations. These claims can be difficult to prove and pursuing a civil lawsuit can be time-consuming and costly, but it may be an option for those who feel they have been harmed by their experience with dropped charges.

While dropped charges can provide relief for defendants, they can still have ongoing consequences in terms of public records, background checks, and potential civil actions. Defendants should be aware of their options in addressing these issues, such as expungement or pursuing civil litigation.

Working With an Experienced New York Federal Criminal Attorney From Lebedin Kofman LLP

If you’re facing federal charges, it’s essential to have a strong legal defense on your side. At Lebedin Kofman LLP, our team of experienced federal defense attorneys is committed to protecting the rights and freedoms of our clients.

Whether you’re facing charges for white-collar crimes, drug offenses, or other federal crimes, we have the knowledge and experience needed to build a strong defense strategy for your case. We understand the complexities of federal law and are dedicated to fighting for the best possible outcome for our clients.

If you’re ready to take control of your situation and fight back against federal charges, contact us today to schedule a consultation. Let us help you navigate the federal criminal justice system and work toward a positive resolution for your case. Contact us today at (646) 663-4430 to schedule a consultation.

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Does Indictment Mean Jail Time in New York?

Facing a federal indictment in New York can be an overwhelming and life-altering experience, with severe consequences upon conviction. It is crucial that you take appropriate measures to mount a robust defense, protect your rights, and fight for your freedom. 

Receiving an indictment does not necessarily result in a prison sentence. Rather, an indictment signifies that the prosecution has convinced a grand jury that there is enough evidence to pursue a criminal case against you. You have the option to plead “not guilty” and contest the charges in a criminal trial. 

In some cases, a Grand Jury may also set a bond along with the indictment, which may lead to an order for your arrest. If a bond is set, you and your loved ones can post bail during the course of the case, but before the resolution of the case.

It is important to speak with an experienced federal crimes attorney right away if you are facing a federal criminal charge. A skilled defense lawyer may be able to help you protect your rights and your freedom. 

At Lebedin Kofman LLP, our team of  New York federal criminal defense attorneys is ready to help you. Contact us today to schedule a free consultation. 

Definition of Indictment

An indictment is a formal accusation made against an individual charged with a federal crime. Federal prosecutors present evidence and witness testimonies to a grand jury, which then decides if there is enough evidence for the case to proceed to trial. 

The grand jury doesn’t determine the individual’s guilt or innocence— that is the responsibility of the trial jury during the actual trial. Instead, the grand jury’s task is to evaluate the evidence and determine if there’s sufficient cause to commence legal proceedings.

If the grand jury decides that there’s enough evidence to warrant a trial, they issue an indictment, which is a written statement that outlines the criminal charges against the defendant. This statement serves as the basis for the criminal case that will be presented in court during the trial.

Federal Indictments

In the state of New York, if someone is facing a felony charge, they cannot go to trial until they have been indicted. Although some states do not mandate an indictment before prosecuting a person for a crime, the process may vary for federal crimes. In federal crimes cases, an Assistant United States Attorney (AUSA) evaluates the strength of the evidence and interviews federal investigators to decide whether to press charges. 

If the evidence is insufficient and further investigation is unavailing, a grand jury may be called upon. It is important to note that federal indictments apply only to felony offenses, and indictment is not required for federal misdemeanors before charges can be brought.

Having a skilled federal crimes attorney can help you understand what other options you may have when you are facing charges for federal crimes. Our top-rated defense attorneys at Lebedin Kofman LLP have years of experience helping clients protect their rights and their freedom in a federal case. Contact us today to schedule a free consultation. 

Role of a Grand Jury in Indictments

A grand jury plays a vital role in the federal indictment process. Composed of 16 to 23 members, the grand jury reviews the evidence and hears witness testimonies presented by federal prosecutors. They may ask questions and request additional evidence. 

The grand jury proceedings are held in secret to protect the witnesses and maintain the integrity of the process. The defendant and their attorney are generally not present during these proceedings, except when the defendant elects to testify.

After evaluating all the evidence and testimonies, the grand jury votes on whether the case merits an indictment, known as a “true bill.” If the majority of the jury members agree on the indictment, they issue a formal written accusation, and the criminal case proceeds to the trial stage.

Standard of Proof for Federal Indictments

The standard of proof for federal indictments is “probable cause.” This means that the grand jury must determine that there’s sufficient evidence and reason to believe the defendant committed the alleged crime. Probable cause doesn’t require absolute certainty, but rather a reasonable belief based on the available evidence.

This standard of proof is considerably lower than the “beyond a reasonable doubt” threshold required to convict a defendant in a criminal trial. It’s essential to understand that an indictment doesn’t guarantee a conviction, as the trial jury, during the actual trial, will assess the defendant’s guilt or innocence based on a higher standard of proof.

The length of jail time an individual faces after an indictment largely depends on a range of factors that influence the decision-making process. 

Indictments Consolidation 

Defendants can be charged together in one indictment if they are charged with every offense alleged, have a common scheme or plan, or if the crimes charged are based on the same criminal transaction. If the indictment includes a count charging enterprise corruption, all defendants must be charged with every count alleged. 

If a specific criminal activity is needed for a joinder but is not currently prosecutable alone, the court may still order a joint trial unless a defendant shows good cause for a separate trial due to undue prejudice. If multiple defendants are charged separately but could have been charged together, the court may consolidate the indictments for a single trial. Any unrelated crimes charged in the separate indictments will remain separate.

Importance of Hiring an Experienced Criminal Defense Attorney

When facing a federal indictment in New York, one of the most critical decisions you can make is to hire a skilled and experienced criminal defense attorney. This is crucial because federal cases differ significantly from state cases in terms of investigation, prosecution, and punishment. 

Moreover, federal prosecutors are usually more experienced and relentless, with vast resources at their disposal. It is vital to have a knowledgeable and aggressive attorney who is well-versed in handling federal cases to counter their tactics. An experienced criminal defense attorney will thoroughly review your case, analyze the evidence, and determine the best approach to fight the charges. The right attorney can make all the difference between a favorable outcome and a conviction that carries heavy penalties, including lengthy prison terms and significant fines.

At Lebedin Kofman LLP, our team of top-rated New York criminal defense attorneys may be able to help ensure that your constitutional rights are protected. We may also be able to guide and counsel you through the criminal process and negotiate plea agreements that are in your best interests. Contact us today to schedule a free consultation. 

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Domestic Abuse Case Dismissed in Nassau County NY

Recently, the law firm of Lebedin Kofman had a major victory in defending an NYPD officer who was charged with domestic abuse in Nassau County, NY. The officer was accused of assault in the third degree and criminal obstruction of breathing, both serious crimes that could have resulted in jail time, termination from the NYPD, and a permanent criminal record.

Assault in the third degree involves intentionally or recklessly causing physical injury to another person, while criminal obstruction of breathing involves intentionally blocking the normal breathing or circulation of blood of another person. These charges are taken very seriously by prosecutors and law enforcement officials and can be difficult to defend against without skilled legal representation.

Fortunately, the team of New York domestic violence attorneys at Lebedin Kofman was up to the task. They quickly got to work on the case, carefully reviewing all of the evidence and building a strong defense strategy. Through skillful negotiation and persuasive argumentation, the firm convinced the prosecutor to drop all charges against their client. The entire domestic violence case was dismissed within a month, allowing the officer to put this difficult chapter behind them and move on with their life.

This victory is a testament to the dedication and expertise of the legal team at Lebedin Kofman. They understand the serious implications of criminal charges for their clients and work tirelessly to ensure that justice is served. Whether it’s a case of domestic abuse, drug charges, or white-collar crimes, the team at Lebedin Kofman is committed to getting the best possible outcome for their clients.

If you or someone you know is facing criminal charges, don’t go it alone. Contact the experienced professionals at Lebedin Kofman today for a free consultation and expert legal guidance.

source https://www.lebedinkofman.com/domestic-abuse-case-dismissed-in-nassau-county-ny/

How To Get A Resisting Arrest Charge Dropped In New York?

Resisting arrest or obstructing the police in arresting another person is illegal under New York law. According to § 205.30 of the New York Penal Code, a person is guilty of resisting arrest if he or she “intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.” 

Resisting arrest is a class A misdemeanor in New York. If a person is convicted of resisting arrest, they can be subject to the following:

• Up to one year in prison or three years on probation, and/or,
• A fine of up to $1,000

Additional charges to a resisting arrest charge can also be filed depending on the circumstances of the arrest. A person can also be charged with disorderly conduct or assault. Before you make any decisions, it is important to speak with a qualified Manhattan criminal attorney.  

Lebedin Kofman Case Result

People V. J.

Our client was charged with forcible touching, resisting arrest, and sexual abuse in the third degree in New York County criminal court in Manhattan. Lebedin Kofman defended this case for almost 2 years and would not accept any plea deal. These cases are very difficult in New York County as the prosecutors generally will not allow a deal without the client getting a criminal record. As our client was totally innocent, we could not allow that to happen. We were able to secure a full DISMISSAL of all charges for our very happy client in this case!

Charges included: 

1  PL 130.52(1)

2 PL 130.52(2)

3 PL 205.30

4 PL 130.55

Forcible Touching (defendant #1: 1 count) 

Resisting Arrest (defendant #1: 1 count)

Sexual Abuse in the Third Degree (defendant #1: 1 count)

Resisting Arrest Under PL 205.30

The law on resisting arrest was created as a deterrent to help protect police against individuals who might want to flee or fight back in the process of getting arrested. It also helps ensure that the process of legal arrests goes as smoothly as possible given that they can be stress and anxiety-inducing situations. However, complications might ensue when the defendant acts out in the heat of the moment, regardless of how simple or insignificant their actions are.

Unfortunately, there is no clear-cut way in which resisting arrest can be defined. It does not take much for a police or peace officer to accuse a defendant of resisting arrest and the act is up for interpretation by the arresting party. A defendant can verbally protest or object to the arrest but, even without actively fleeing, conducting any form of physical struggle or disagreement uncooperative to the arrest can count as resistance. A charge of resisting arrest can be filed against a defendant regardless of the conduct of the resistance, even if it was merely pushing a police officer away or raising their hands to prevent being handcuffed.

It may be tempting to protest being charged with resisting arrest in addition to underlying charges that caused the arrest in the first place but you should not act rashly in the heat of the moment. You have rights under the law but you may be able to have more success defending those rights with the presence and help of legal counsel.

How Can One Get Charges Of Resisting Arrest In New York Dismissed?

It is important to note that even if the original charges that caused the reason for the arrest are dismissed, the charge of resisting arrest may still stand alone. Getting the help of an experienced New York resisting arrest attorney is essential in making sure that your rights are protected.

To convict a defendant on charges of resisting arrest in New York, the prosecution must prove beyond reasonable doubt the following elements:

• That the defendant intentionally and deliberately impeded, resisted, or obstructed a law enforcement officer from conducting a legal arrest
• That the defendant was aware that the person they were resisting or obstructing was a law enforcement officer
• That the law enforcement officer was engaged in the performance of their legal duties and acting lawfully

In the state of New York, law enforcement officers typically include police and peace officers. Security guards are considered private citizens and the laws on resisting arrest, therefore, do not apply to them.

Possible defenses to charges of resisting arrest are the following:

• Self-defense – Police officers are allowed to use force as necessary to accomplish an arrest. However, if an arresting officer acts violently, the person being arrested may protect themselves in self-defense, especially if their health is being threatened. As an act of self-defense, the person resisting arrest must have done so after the arresting officer initiated the aggression.
• Unlawful arrest – A person may be found not guilty of resisting arrest if the arrest was done unlawfully, meaning, without a warrant or probable cause. It is not advisable, however, to argue the legality of an arrest as it is happening especially if the officer is acting in their capacity lawfully. It would be better to determine the legality of arrest when you have legal counsel and help on your side.

These are just some defenses that may be useful to get charges of resisting arrest dismissed and should not be assumed as legal advice. It is crucial to note that each case is different and the circumstances of one case of resisting arrest may be significantly different from another.

Getting the help of an experienced New York City resisting arrest attorney

If you have been charged with an act of resisting arrest in New York City, Manhattan, or any of the surrounding boroughs, it is important to seek the help of a skilled criminal defense attorney. An attorney may be able to help you understand your rights under the law. Every defendant has rights that need to be protected. 

At Lebedin Kofman LLP, we provide qualified legal counsel and aggressive representation to our clients. Our experienced New York City resisting arrest attorneys may be able to build a comprehensive legal strategy based on the specifics of your case. A conviction on charges of resisting arrest may have long-standing implications and consequences. Don’t leave your legal defense up to chance. Call us today at (646) 663-4430 to schedule a complimentary consultation with one of our New York City criminal defense attorneys.

source https://www.lebedinkofman.com/how-to-get-a-resisting-arrest-charge-dropped-in-new-york/

What Is Forcible Touching in New York?

According to a study by RAINN.org, 29% of all sexual assault cases in 2013 happened while the victim was in traveling or in public transit. Sexual assault is a very serious crime and officials have enacted legal solutions to prevent sexual assault in public transport. In 2015, New York legislators amended the law on forcible touching (Section 130.52) to criminalize forcible touching on public transportation specifically. 

The amendment is aimed to be a deterrent to people who would like to take advantage of the crowded spaces in public transportation like the subway, buses, etc. to commit inappropriate sexual acts. However, while the amendment can be reassuring for commuters, being wrongfully accused of sexual assault can have lasting implications on someone’s life. Call for a free consultation with an experienced Manhattan forcible touching attorney today. 

Lebedin Kofman Forcible Touching Charges Case Results

PEOPLE V. C:

Our Client was charged with Forcible touching and sex abuse in the third degree in Manhattan criminal court in New York County. These allegations stemmed from alleged observations by MTA officers while our client was riding the subway. Lebedin Kofman defended this case in criminal court and Russ Kofman took the case to trial securing a NOT GUILTY verdict and full dismissal of all charges for our client. Lebedin Kofman later sued the NYPD for false arrest and secured a settlement for our client compensating him for this false arrest and attorney fees. 

The criminal complaint read as follows: 

Detective of the Transit Division District 2, states as follows:

The defendant is charged as follows:

1 PL 130.52(1)

2 PL 130.52(2)

Forcible Touching (defendant # 1: 1 count) Forcible touching

(defendant #1: l count)

3 PL 130.55

Sexual Abuse in the Third Degree (defendant #1: 1 count)

The New York Penal Code Section 130.52 defines Forcible Touching as an act that involves intentionally, and without legitimate purpose, touching the sexual or intimate parts of another person with the intent of degrading or abusing the person, or for sexual gratification. 

Forcible touching includes squeezing, grabbing, or pinching. As well as touching or causing someone to touch one’s sexual and intimate parts, regardless of whether either party is clothed or not. 

If you are facing forcible touching charges, seeking the help of a  skilled New York City sex crimes attorney is important. A criminal attorney can help you understand your rights, protect your freedom, and build a strong legal defense strategy against your charges.

“Intentionally, and without legitimate purpose”

The state of New York estimates that over 4.3 million people ride the subway every day. During busy hours, it is understandable that the platforms and the subway cars can get very stifling. In a crowd, it can be hard to maneuver, and people might inevitably be squeezed into one another. In this situation, it is one’s civic responsibility to report any wrongdoing should a person take advantage of the crowded situation. 

However, allegations of forcible touching can have serious consequences for the accused. Aside from the humiliation, it is difficult to gauge how a crowd can act against a person in their midst accused of doing something unsavory. This is why the law specifically codes the phrase “intentionally, and without legitimate purpose”. It is important to be able to distinguish between innocent contact caused due to being confined in a tight space over malicious behavior aimed at sexual gratification.

As such, in cases of forcible touching, the following elements must be proven to have happened:

• The date and time when the alleged instance of forcible touching occurred
• That the defendant did the act intentionally, and without legitimate purpose other than to degrade or abuse the alleged victim or for the defendant’s sexual gratification
• That the touching occurred without the consent of the alleged victim

It is also important to establish whether the following factors exist during the contact:

• Consent – As defined by New York law
• Intent – Establishing that the act was accidental and unintentional is crucial in building a defense against forcible touching

Other defenses against forcible touching are also possible depending on the circumstances of your case such as mistaken identity or the statute of limitations. Getting the help of an experienced forcible touching attorney is crucial to understanding your options under the law.

Penalties

Forcible touching is a serious offense, however, it is not a felony like other sex crimes. It is considered a Class A misdemeanor and as such, punishable with a prison sentence of up to one year. A defendant may also be required to do community service, and serve up to three years of probation or a combination of a prison sentence and probation. 

A first-offense conviction of forcible touching does not require being registered on the Sex Offender registry. However, Sex Offender registration may be mandatory if:

• The victim is under the age of 18; or 
• If the defendant has committed forcible touching in the past and was not convicted; or
• If the defendant has been convicted of a similar crime in a different jurisdiction

Under the Sex Offender Registration Act, a person convicted of a crime that mandates registration would require the defendant to reveal the following information, among others:

• Place of residence, 
• Current and prior convictions that require their registration, 
• Vehicle registration, 
• Recent photographs 

In addition, those registered as Sex Offenders would need to constantly update this information on the state’s database. If a registered offender wants to relocate, they would also need to inform the state of their new address within 10 days of moving. Failure to comply with the requirements will result in being charged with a felony.

Consult An Experienced New York City Forcible Touching Attorney Today

A conviction for forcible touching can have long-lasting effects on your life. It is important to retain the services of a skilled Manhattan forcible touching attorney that can defend your rights and represent you aggressively.

At Lebedin Kofman LLP, we provide quality legal counsel and representation and put a premium on helping our clients understand their rights and options. Contact us today at 646-663-4430 to schedule a complimentary consultation with one of our New York City forcible touching and criminal defense attorneys.

source https://www.lebedinkofman.com/what-is-forcible-touching-in-new-york/