Criminal Obstruction of Breathing in New York

Getting charged with criminal obstruction of breathing might sound like legal jargon, but trust me, it’s a serious matter that can turn your life upside down faster than you can say “I can’t breathe.” As someone who’s defended countless clients facing these charges in New York, I’ve seen how quickly a heated argument or domestic dispute can escalate into criminal charges that carry real jail time.

The experienced New York criminal defense team at Lebedin Kofman LLP stands ready to assist you through the intricate legal challenges of criminal obstruction of breathing accusations. Our attorneys bring both compassion and expertise to your case, recognizing the anxiety and uncertainty these charges often create. We strive to provide robust legal representation tailored to your specific circumstances. Reach out to us at (646) 663-4430 to schedule your free consultation and discover how we can help protect your rights and future.

What Exactly Is Criminal Obstruction of Breathing?

Under New York Penal Law § 121.11, criminal obstruction of breathing or blood circulation occurs when someone intentionally impedes another person’s ability to breathe or restricts their blood circulation. This typically happens by:

• Applying pressure to someone’s throat or neck
• Blocking their nose or mouth
• Any combination of these actions

The key word here is “intentionally.” This isn’t about accidentally bumping into someone or a playful wrestling match that goes too far. The prosecution needs to prove you meant to restrict someone’s breathing.

The Legal Elements: What Prosecutors Must Prove

To secure a conviction, the District Attorney’s office must establish two critical elements beyond a reasonable doubt:

Intent to Impede: The defendant specifically intended to interfere with normal breathing or blood circulation. This separates accidental contact from criminal behavior.

Physical Act: The defendant either applied pressure to the victim’s throat/neck or blocked their nose/mouth.

Here’s what might surprise you: the law doesn’t require actual injury or complete impairment of breathing. Even a brief choking incident that doesn’t leave visible marks can result in criminal charges. I’ve represented clients where the alleged victim had no physical injuries, yet they still faced serious criminal prosecution.

Classification and Penalties

Criminal obstruction of breathing is classified as a Class A misdemeanor in New York, which means it’s the most serious type of misdemeanor you can face. The potential consequences include:

• Jail Time: Up to one year in county jail
• Probation: Up to three years of supervised probation
• Fines: Up to $1,000
• Criminal Record: A permanent criminal record that can affect employment, housing, and other opportunities

How This Differs from More Serious Charges

New York has a tiered system for these types of offenses. Criminal obstruction of breathing is actually the least severe, but the charges can escalate quickly:

Strangulation in the Second Degree (NY Penal Law § 121.12)

• Classification: Class D Felony
• Additional Elements: Causes stupor, loss of consciousness, or physical injury
• Penalties: Up to 7 years in prison

Strangulation in the First Degree (NY Penal Law § 121.13)

• Classification: Class C Felony
• Additional Elements: Causes serious physical injury
• Penalties: Up to 15 years in prison

The difference between a misdemeanor and a felony often comes down to the extent of injury or impairment caused. This is why having experienced legal representation from the start is crucial.

Real-World Examples

In People v. Figueroa (2013), the defendant was convicted after witnesses observed him applying pressure to his girlfriend’s neck, causing her to struggle for air. The case demonstrated that even brief acts of choking can result in criminal charges, especially when there are witnesses.

I’ve handled cases where clients were charged based on:

• 911 calls reporting domestic disputes
• Visible marks on the alleged victim’s neck
• Witness testimony from neighbors or family members
• The alleged victim’s statements to police

Common Defenses

Every case is unique, but there are several defense strategies that can be effective:

Lack of Intent

If the contact was accidental or unintentional, this can serve as a complete defense. Maybe you were trying to restrain someone who was attacking you, or perhaps the contact occurred during a struggle where you were defending yourself.

Medical or Dental Purpose

The statute specifically exempts actions performed for valid medical or dental reasons. This defense rarely applies in typical criminal cases but can be relevant in certain circumstances.

Self-Defense

If you were protecting yourself from imminent harm, self-defense might justify your actions. The key is that your response must be proportionate to the threat you faced.

False Accusations

Unfortunately, I’ve seen cases where angry partners or family members make false accusations during heated disputes. These situations require careful investigation an d thorough examination of all evidence, including text messages, witness statements, and inconsistencies in the accuser’s story.

Insufficient Evidence

The prosecution must prove their case beyond a reasonable doubt. If there’s insufficient evidence to establish intent or the physical act, the charges may be dismissed or reduced.

The Domestic Violence Connection

Most criminal obstruction of breathing cases arise in domestic violence situations. In New York, this offense is classified as a family offense, which creates additional complications:

• Concurrent Jurisdiction: Both family court and criminal court may have jurisdiction over your case
• Orders of Protection: You may face immediate restrictions on contact with the alleged victim
• Enhanced Penalties: Repeat domestic violence offenses can result in enhanced penalties
• Immigration Consequences: For non-citizens, domestic violence convictions can trigger deportation proceedings

The dual court system means you might be fighting battles on multiple fronts simultaneously. Family court proceedings can impact your criminal case and vice versa.

What Happens After an Arrest

If you’re arrested for criminal obstruction of breathing, here’s what typically unfolds:

Immediate Custody: You’ll likely be held pending arraignment, especially in domestic violence cases.

Arraignment: Within 24-48 hours, you’ll appear before a judge who will inform you of the charges and set bail conditions.

Order of Protection: The court will almost certainly issue a temporary order of protection, restricting your contact with the alleged victim.

Discovery Process: Your attorney will begin gathering evidence, including police reports, witness statements, and any available video footage.

Why You Need Experienced Legal Representation

Criminal obstruction of breathing cases often involve complex factual scenarios and emotional testimony. The stakes are high, and the prosecution takes these cases seriously. Here’s why having skilled legal counsel matters:

Evidence Analysis: We examine all physical evidence, witness statements, and police reports for inconsistencies or procedural violations.

Witness Preparation: If your case goes to trial, proper witness preparation can make the difference between conviction and acquittal.

Plea Negotiations: Sometimes the best outcome involves negotiating a plea to a lesser charge or alternative sentencing arrangements.

Trial Experience: If your case goes to trial, you need an attorney who’s comfortable cross-examining alleged victims and challenging the prosecution’s evidence.

The Investigation Process

A thorough investigation is crucial in these cases. We typically examine:

• Medical Records: Any medical treatment sought by the alleged victim
• Photographs: Pictures of alleged injuries or the absence thereof
• 911 Recordings: The actual emergency calls can reveal important details
• Text Messages and Social Media: Communications between parties before and after the incident
• Witness Interviews: Speaking with anyone who may have observed the incident

Potential Collateral Consequences

Beyond the criminal penalties, a conviction can have lasting effects:

Employment: Many employers conduct background checks, and a violent crime conviction can limit job opportunities.

Professional Licenses: Doctors, lawyers, teachers, and other licensed professionals may face disciplinary action.

Child Custody: Family court judges consider domestic violence convictions when making custody determinations.

Housing: Landlords may refuse to rent to individuals with violent crime convictions.

Immigration Status: Non-citizens face potential deportation for domestic violence-related convictions.

Recent Legal Developments

New York has been strengthening its approach to strangulation and choking offenses. The legislature recognized that non-fatal strangulation is a significant predictor of future domestic violence homicides. Studies show that domestic violence victims who have been strangled are 750% more likely to be killed by their abuser.

This statistical reality has led to:

• Enhanced training for law enforcement
• Specialized prosecution units
• Increased penalties for repeat offenders
• Better victim services and support

Building Your Defense Strategy

Every case requires a tailored approach. When I represent clients facing these charges, we start by examining several key areas:

The Relationship Dynamic: Understanding the relationship between the parties helps contextualize the alleged incident.

Prior History: Any history of domestic violence calls or orders of protection can impact the case.

Physical Evidence: The presence or absence of injuries, their location, and their severity all matter.

Witness Credibility: Evaluating the reliability and motivations of all witnesses, including the alleged victim.

Police Conduct: Ensuring law enforcement followed proper procedures during the investigation and arrest.

What to Do If You’re Facing These Charges

If you’ve been charged with criminal obstruction of breathing, take these steps immediately:

Exercise Your Right to Remain Silent: Nothing good comes from trying to explain your side to the police without an attorney present. Politely invoke your right to remain silent and request an attorney.

Don’t Contact the Alleged Victim: Even if you believe they’ll recant or help clear things up, any contact may violate an order of protection and lead to additional charges.

Document Everything: Create a timeline of events while your memory is fresh, including who was present and what was said.

Preserve Digital Evidence: Save text messages, emails, social media posts, and any other digital communications that might be relevant to your case.

Follow Court Orders: Comply with all bail conditions and orders of protection, even if you believe they’re unfair or unnecessary.

Consider Counseling: Voluntarily engaging in anger management or domestic violence counseling can sometimes help your case.

Possible Case Outcomes

Criminal obstruction of breathing cases can resolve in several ways:

Dismissal: If the evidence is weak or the alleged victim recants and refuses to cooperate, the prosecution may dismiss the charges. This is more common than you might think.

Adjournment in Contemplation of Dismissal (ACD): This resolution postpones your case for six months to a year. If you stay out of trouble during that period, the charges are dismissed and sealed.

Reduction to a Lesser Offense: Sometimes we can negotiate a plea to a non-criminal violation like disorderly conduct, which avoids a criminal record.

Plea to the Charge: In some cases, pleading guilty to the misdemeanor with a favorable sentence agreement makes sense, especially if the evidence is strong.

Trial: When appropriate, taking your case to trial allows a judge or jury to determine your guilt or innocence.

The Role of the Alleged Victim

In my experience, many criminal obstruction of breathing cases take unexpected turns when the alleged victim decides not to cooperate with prosecution. This can happen for various reasons:

• The incident was exaggerated or misunderstood
• The parties have reconciled
• Financial or family concerns about the consequences of prosecution
• Recognition that the criminal justice system isn’t the best solution

It’s important to understand that in New York, the decision to press or drop charges rests with the District Attorney’s office, not the alleged victim. Prosecutors can and often do proceed with cases even when victims become reluctant witnesses. They may rely on:

• Photographs of injuries
• 911 recordings
• Police officer testimony
• Statements made at the scene (which may be admissible under the “excited utterance” hearsay exception)

Real-World Perspective

The reality of criminal obstruction of breathing cases in New York courts is nuanced. Prosecutors take these cases seriously because they understand the connection between non-fatal strangulation and escalating violence. At the same time, they recognize that not all cases warrant the full weight of criminal punishment.

I’ve seen charges reduced or dismissed when:

• Medical evidence contradicted the allegations
• Witness testimony proved inconsistent
• Video evidence showed a different version of events
• The alleged victim admitted to exaggerating or fabricating claims

I’ve also seen cases proceed to conviction when:

• The evidence of intentional choking was clear
• Multiple witnesses corroborated the account
• The defendant had prior domestic violence incidents
• The injuries were documented and consistent with the allegations

Sealing and Record Clearing

If your case resolves favorably, through dismissal, ACD, or certain non-criminal dispositions, you may be eligible to have records sealed. This process prevents the public, including most employers, from accessing your arrest and case information.

New York has expanded its sealing provisions in recent years, giving people better opportunities to move beyond past mistakes. Working with an attorney who understands these provisions can make a significant difference in your long-term prospects.

The Bottom Line

Criminal obstruction of breathing charges present serious legal jeopardy that can affect your freedom, family relationships, employment, and reputation. These cases demand experienced legal representation focused on protecting your rights and achieving the best possible outcome.

The nuances of domestic violence prosecutions, the emotional dynamics between parties, and the technical elements of the offense create a complex legal landscape that requires skilled navigation. Each case presents unique challenges and opportunities for defense.

Remember that an arrest is not a conviction, and charges don’t always result in a criminal record. With proper legal guidance, many clients facing these allegations can achieve favorable resolutions that allow them to move forward with their lives intact.

If you’re facing criminal obstruction of breathing charges in New York, get experienced legal help immediately. Contact us today at (646) 663-4430 to start building your defense. The early stages of a case often present the best opportunities for successful intervention, and your freedom may depend on having skilled representation from the start.

This article provides general information about obstruction of breathing charges in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.

from Lebedin Kofman LLP https://www.lebedinkofman.com/criminal-obstruction-of-breathing-in-new-york/

Menacing in the Second Degree in New York

Getting slapped with a menacing in the second degree charge can feel like getting hit by a freight train you never saw coming. One moment you’re having a heated argument, the next you’re staring at a Class A misdemeanor that could land you in jail for nearly a year. Trust me, I’ve seen this scenario play out more times than I care to count in courtrooms across New York and Long Island.

At Lebedin Kofman LLP, our New York criminal defense attorneys are dedicated to guiding clients through the complexities of menacing in the second degree charges with confidence and clarity. We understand how stressful and overwhelming these accusations can be, and we’re here to provide the strong legal support you need. Contact us today at (646) 663-4430 for a complimentary consultation.

Let’s break down what this charge really means and what you can do about it.

What Is Menacing in the Second Degree?

Under New York Penal Law § 120.14, menacing in the second degree kicks in when someone intentionally tries to make another person fear they’re about to get seriously hurt or killed. The law recognizes three distinct ways this can happen, and understanding these categories is crucial for mounting an effective defense.

The Three Paths to This Charge

Weapon Display: You intentionally put someone in fear by showing off a deadly weapon, dangerous instrument, or something that looks like a firearm. This includes everything from kitchen knives to realistic toy guns that could fool someone in the heat of the moment.

Stalking Behavior: You repeatedly follow someone or engage in a pattern of conduct that makes them reasonably fear for their safety. The key word here is “repeatedly”, this isn’t about one bad day, it’s about ongoing behavior that creates genuine fear.

Protection Order Violations: If you commit third-degree menacing against someone who has an order of protection against you, it automatically escalates to second degree. The courts take these violations seriously, and the penalties reflect that.

Breaking Down the Legal Elements

Prosecutors can’t just point fingers and hope for the best. They need to prove three critical elements beyond a reasonable doubt:

Intent: The Mental Game

The prosecution must show you acted with purpose. Your conscious objective was to cause fear or engage in conduct that would naturally cause fear. This isn’t about accidents or misunderstandings, it’s about deliberate action.

Here’s where things get interesting from a defense perspective. Intent can be tricky to prove. Just because someone got scared doesn’t mean you intended to scare them. Maybe you were defending yourself, or maybe your actions were taken out of context.

Reasonable Fear: The Victim’s Perspective

The alleged victim must have been placed in reasonable fear of physical injury, serious physical injury, or death. Notice that word “reasonable”, it’s doing a lot of heavy lifting here.

If someone claims they were terrified because you raised your voice, that’s probably not going to meet the reasonable standard. But if you were waving a baseball bat while yelling threats, that’s a different story entirely.

The Right Kind of Conduct

The behavior must involve either displaying a weapon or engaging in repeated intimidating acts. One angry outburst without weapons typically falls under third-degree menacing, not second degree.

Understanding Weapons and Dangerous Instruments

New York law gets pretty specific about what counts as a weapon, and these definitions can make or break your case.

Deadly weapons include the obvious suspects: firearms, certain knives, billy clubs, brass knuckles, and any instrument specifically designed to cause serious physical injury.

Dangerous instruments cast a wider net. This category includes any object that, given the circumstances, could readily cause serious injury or death. A hammer isn’t inherently a weapon, but if you’re brandishing it during a heated argument, it becomes a dangerous instrument under the law.

Physical injury means impairment of physical condition or substantial pain, while serious physical injury involves a substantial risk of death, actual death, or serious and lasting disfigurement or impairment.

Real-World Examples That Land People in Court

Let me paint some pictures of how these charges typically unfold:

The Kitchen Knife Incident: You’re arguing with your roommate about unpaid bills. Things escalate, and you grab a knife from the counter while telling them to “back off or else.” Even if you never intended to actually hurt anyone and never made physical contact, displaying that knife while making threats checks all the boxes for second-degree menacing.

The Ex-Partner Stalking Case: After a messy breakup, you start showing up at your ex’s workplace, following them to the grocery store, and parking outside their apartment building. After weeks of this behavior, they’re genuinely afraid for their safety. That pattern of conduct can land you a second-degree menacing charge, even without any weapons involved.

The Protection Order Violation: You have an order of protection against you, but you still send threatening text messages or show up at places you’re not supposed to be. Even behavior that would normally only be third-degree menacing gets bumped up to second degree when it violates a court order.

The Penalty Structure: What You’re Facing

Menacing in the second degree is classified as a Class A misdemeanor, which puts it at the top of the misdemeanor food chain. The potential consequences include:

• Up to 364 days in county jail
• Fines reaching $1,000
• Probation terms
• Community service requirements
• A permanent criminal record

That last point deserves special attention. New York doesn’t expunge criminal records like some other states do. This conviction becomes part of your permanent record, potentially affecting employment opportunities, housing applications, professional licensing, and countless other aspects of your life.

How This Compares to Other Menacing Charges

Understanding where second-degree menacing fits in the hierarchy of threats can help you grasp the seriousness of your situation:

Third-Degree Menacing (Class B Misdemeanor): Basic threatening behavior without weapons or stalking patterns. Maximum penalty of 90 days in jail.

Second-Degree Menacing (Class A Misdemeanor): Involves weapons, stalking, or protection order violations. Up to 364 days in jail.

First-Degree Menacing (Class E Felony): Second-degree menacing with aggravating factors like prior convictions or when the victim is a police officer. This can result in up to four years in prison.

Defense Strategies That Actually Work

Every case is unique, but here are the defense approaches I’ve successfully used:

Challenging Intent

Sometimes people react instinctively in stressful situations without any conscious intent to threaten. If we can show your actions were reflexive, defensive, or misinterpreted, we can challenge the intent element.

Questioning the Weapon Classification

Not everything that looks dangerous actually qualifies as a deadly weapon or dangerous instrument under New York law. If the object you allegedly displayed doesn’t meet the legal definition, we can get the charges reduced or dismissed.

Attacking the “Reasonable Fear” Element

Fear is subjective, but the law requires it to be reasonable. If the alleged victim’s reaction was disproportionate to your actions, or if their claimed fear doesn’t make sense given the circumstances, we can challenge this element.

Self-Defense Claims

If you displayed a weapon or acted threateningly because you reasonably believed you were about to be attacked, self-defense might apply. New York law allows people to protect themselves when facing imminent harm.

Constitutional Defenses

Sometimes these charges arise from situations involving free speech or other constitutional rights. While true threats aren’t protected speech, the line between protected expression and criminal threatening can be blurry.

The Prosecution’s Playbook

Understanding how prosecutors approach these cases helps us prepare better defenses. They typically focus on:

• The alleged victim’s testimony about their fear
• Physical evidence like weapons or threatening messages
• Witness testimony about the incident
• Any history between you and the alleged victim
• Video or audio recordings

Prosecutors love cases with clear documentation. Text messages, social media posts, surveillance video, and multiple witnesses make their job easier. When evidence is thin or contradictory, we have much more room to work.

Why These Cases Require Experienced Representation

I’ve seen too many people try to handle menacing charges on their own, thinking they can simply explain their side of the story. That approach rarely works out well.

These cases involve complex legal concepts, nuanced definitions, and prosecutors who know exactly what they’re doing. The difference between a good outcome and a terrible one often comes down to understanding the subtle legal distinctions and knowing how to leverage them effectively.

What experienced representation brings to your case:

Thorough Investigation: We examine every piece of evidence, interview witnesses, and look for inconsistencies in the prosecution’s case.

Strategic Negotiations: Sometimes the best outcome comes through plea negotiations rather than trial. Knowing when to fight and when to negotiate is crucial.

Trial Experience: If your case goes to trial, you want someone who knows how to present your story effectively and challenge the prosecution’s evidence.

Case Management: We handle all the legal paperwork, court appearances, and communication with prosecutors, allowing you to focus on maintaining your normal life.

Common Mistakes That Hurt Your Case

Let me share some mistakes I see people make that can seriously damage their cases:

Talking to Police Without a Lawyer: Anything you say can and will be used against you, even if you think you’re just explaining your side.

Contacting the Alleged Victim: This almost never helps and often makes things much worse. Even well-intentioned contact can be seen as witness intimidation.

Posting on Social Media: Prosecutors regularly check social media for evidence. That angry post about the situation could become Exhibit A.

Ignoring Court Dates: This turns a manageable situation into a much bigger problem with additional charges.

The Path Forward

Facing menacing charges feels overwhelming, but these cases are far from hopeless. With the right defense strategy, many result in reduced charges, dismissals, or acquittals at trial.

The key is acting quickly. Evidence disappears, witnesses forget details, and opportunities for favorable outcomes can vanish if you wait too long. The sooner we start working on your case, the better your chances of a positive result.

Protecting Your Future

A menacing conviction doesn’t just affect you today, it follows you for life. It can impact your career, your relationships, and your ability to move forward. That’s why fighting these charges isn’t just about avoiding jail time; it’s about protecting your entire future.

At Lebedin Kofman LLP, we understand what’s at stake. We’ve built our reputation by getting results when our clients need them most. Every case gets our full attention because we know that what might seem like just another file to someone else represents your life and your future.

Taking Action

If you’re facing menacing in the second degree charges in New York or Long Island, you don’t have to face this alone. These charges are serious, but they’re not the end of the world. With experienced legal representation, you can fight back and protect what matters most.

Remember, being charged doesn’t mean being convicted. The prosecution has to prove their case beyond a reasonable doubt, and there are often more defense options than you might realize. Don’t let one difficult situation define the rest of your life.

The most important step you can take right now is getting experienced legal help. These cases move quickly, and every day matters. Contact us today at (646) 663-4430 to start building your defense and protecting your future.

This article provides general information about hit and run laws in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.

from Lebedin Kofman LLP https://www.lebedinkofman.com/menacing-in-the-second-degree-in-ny/

Hit and Run Charges in New York

The Moment That Changes Everything

You’re running late for work, coffee in hand, when you hear a slight scraping sound as you back out of a tight parking spot. You glance in your mirror, see nothing obvious, and think “probably just a shopping cart.” So you drive away. Three days later, police are at your door with a warrant for leaving the scene of an accident.

Sound dramatic? It happens more often than you’d think. Under New York Vehicle and Traffic Law § 600, what seems like a minor oversight can spiral into serious criminal charges faster than you can say “I didn’t know I hit anything.”

If you’re facing hit and run charges in NY, having the right legal defense can make all the difference in protecting your future. The consequences of leaving the scene of an accident, whether involving property damage, injury, or death, can be severe.

At Lebedin Kofman LLP, our seasoned New York hit and run attorneys thoroughly investigate every detail of your case, from the circumstances surrounding the alleged incident to how law enforcement handled the investigation. Don’t face this challenging process alone; contact us at (646) 663-4430.

What the Law Actually Requires

Here’s what every driver in New York needs to understand: if you’re involved in any motor vehicle incident, the law doesn’t care who’s at fault. You have specific legal obligations that kick in immediately:

Your Non-Negotiable Duties

• Stop immediately at the scene (not three blocks away)
• Exchange information including name, address, license, and insurance details
• Render reasonable assistance to anyone injured
• Report to police when required or when you can’t locate the other party

The tricky part? These obligations exist whether you caused the accident or not. I’ve represented clients who were rear-ended and then charged with leaving the scene because they drove to a gas station to check their bumper without exchanging information first.

The Penalties Will Shock You

New York doesn’t mess around with hit and run charges. The penalties escalate quickly based on what happened:

Property Damage Only

• Classification: Traffic infraction
• Penalties: Up to $250 fine, 15 days jail, 3 license points
• Reality check: Even this “minor” version goes on your record

Personal Injury Involved

• Classification: Misdemeanor
• Penalties: $500-$1,000 fine, up to 1 year jail, possible license suspension
• Career impact: Misdemeanor convictions show up on background checks

Serious Physical Injury

• Classification: Class E felony
• Penalties: Up to 4 years prison, $1,000-$2,500 fine, license revocation
• Life changing: Felony conviction affects employment, housing, voting rights

Death Results

• Classification: Class D felony
• Penalties: Up to 7 years prison, $2,000-$5,000 fine, license revocation
• The worst case: This destroys lives and families

The “I Didn’t Know” Defense

The prosecution must prove you knew or should have known an accident occurred. This knowledge requirement creates the most common defense strategy in these cases.

What “Should Have Known” Means

Courts look at factors like:

• Severity of impact
• Damage to your vehicle
• Sounds or sensations during the incident
• Whether the other party appeared injured

Common Defenses That Actually Work

Lack of Knowledge

The strongest defense when you genuinely didn’t realize an accident occurred. Dashcam footage, minimal vehicle damage, and witness testimony can support this claim.

Safety Concerns

You can legally leave the scene if remaining would put you in danger. One client left after the other driver became aggressive and threatening. We documented the threats through text messages sent afterward.

Medical Emergency

If you or a passenger needed immediate medical attention, the law recognizes this necessity. The key is documenting the emergency and reporting as soon as reasonably possible.

Mechanical Failure

If your vehicle became unsafe to operate, you might need to move it. Again, prompt reporting after addressing the mechanical issue is crucial.

The Hidden Consequences Nobody Warns You About

Criminal penalties are just the beginning. Hit and run convictions trigger a cascade of problems:

Insurance Nightmares

Your rates will skyrocket. Many insurers drop clients entirely after hit and run convictions. Finding new coverage becomes expensive and difficult.

Civil Lawsuits

The other party can sue you for damages separately from criminal charges. Leaving the scene often makes you look guilty to a jury, increasing potential verdicts.

Professional Licensing

Many professional licenses require disclosure of criminal convictions. CDL holders face automatic disqualification for serious violations.

Immigration Consequences

Non-citizens face deportation risks for certain traffic crimes. Even misdemeanor hit and run can trigger removal proceedings.

What To Do If You’re Already Charged

Don’t Panic, But Don’t Wait

The earlier you get legal help, the better your options. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. Time works against you.

Never Talk to Police Without Counsel

That friendly detective who says “just help us understand what happened” isn’t your friend. Police interviews rarely help defendants and often provide the prosecution with incriminating statements.

Document Everything

Start gathering evidence immediately:

• Photos of your vehicle from all angles
• Receipts showing where you were
• Witness contact information
• Medical records if you were injured

The Prosecution’s Weak Spots

These cases often rely on circumstantial evidence. Common weaknesses include:

Identification Issues

How do they know it was your vehicle? License plate witnesses are notoriously unreliable, especially in stressful situations.

Timeline Problems

Prosecutors must prove when the accident occurred and that you were driving. GPS data, cell phone records, and alibi witnesses can create reasonable doubt.

Injury Claims

In personal injury cases, we examine medical records for pre-existing conditions and delayed reporting that suggests exaggerated claims.

When Plea Deals Make Sense

Not every case should go to trial. Sometimes negotiating a reduced charge serves the client’s interests better. Factors to consider:

• Strength of the evidence
• Client’s driving record
• Immigration status
• Professional licensing concerns
• Insurance implications

I’ve negotiated property damage charges down to non-criminal violations, saving clients from criminal records while resolving cases efficiently.

Hit and Run Defense: Final Considerations

These cases are more defensible than most people realize. The prosecution must prove specific elements beyond reasonable doubt, and knowledge requirements create significant defense opportunities.

The key is getting experienced legal help immediately. The right defense strategy, implemented early, can mean the difference between a felony conviction and getting charges dismissed entirely.

If you’re facing leaving the scene charges, remember that an accusation isn’t a conviction. With proper legal representation, even serious hit and run allegations can be successfully defended.

If you or someone you know is dealing with hit and run charges, contact us today at (646) 663-4430 for a free consultation.

This article provides general information about hit and run laws in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.

from Lebedin Kofman LLP https://www.lebedinkofman.com/hit-and-run-charges-in-ny/

Forcible Touching Charges in New York

What Constitutes Forcible Touching Under NY Law

Forcible touching allegations can derail your life in an instant. Under New York Penal Law § 130.52, this offense occurs when someone intentionally touches the intimate parts of another person without legitimate purpose, either to degrade them or for sexual gratification.

As a criminal defense attorney in NY, I can tell you that the state takes forcible touching charges very seriously. At Lebedin Kofman LLP, our defense attorneys understand the serious consequences you’re facing, including potential jail time, and long-term damage to your reputation. We are committed to navigating the legal system with you and fighting to protect your rights at every step. Contact us today at (646) 663-4430 to schedule a complimentary consultation.

What many people don’t realize is that while it’s classified as a Class A misdemeanor, the repercussions extend far beyond just a year in jail. The statute specifically targets unwanted physical contact on public transportation, a response to the unfortunately common occurrences on NYC’s subway system.

The law breaks down like this: prosecutors must prove you touched someone’s intimate parts:

• Intentionally (not accidentally)
• Without any legitimate purpose
• For degrading the person OR satisfying sexual desire

The Real-World Consequences You’re Facing

The immediate legal penalties include:

• Up to 1 year in jail
• 3 years probation
• Fines up to $1,000
• Permanent criminal record

Depending on circumstances, particularly if the victim is a minor or you have prior convictions, you might face sex offender registration requirements. This creates a cascade of problems affecting:

• Employment opportunities (goodbye career)
• Housing options (many landlords screen for this)
• Reputation in your community
• Immigration status (non-citizens face deportation risks)

How Forcible Touching Differs From Other Sex Crimes

The legal landscape of sex offenses can be confusing. Forcible touching sits in a particular position:

Sexual Abuse (Third Degree) vs. Forcible Touching

Sexual abuse requires “sexual contact” while forcible touching focuses on the intent behind the touching. The distinction often comes down to nuanced interpretations of the defendant’s motives.

In People v. Guaman, the court analyzed this distinction extensively, highlighting that the nature of the contact alone isn’t determinative, it’s the purpose behind it that matters.

Public Lewdness vs. Forcible Touching

Public lewdness involves exposing intimate parts in public, while forcible touching requires actual physical contact. Many cases involve charges for both when the alleged incident includes multiple elements.

Defending Against Forcible Touching Allegations

As someone who’s stood beside countless clients facing these charges, I can tell you there’s no one-size-fits-all defense. Each case requires individualized strategy, but several approaches consistently prove effective:

Challenging the Element of Intent

The prosecution must prove you acted with specific intent, either to degrade or for sexual gratification. This subjective element creates significant room for legal challenge. Was it:

• Accidental contact in a crowded subway?
• Misinterpreted innocent contact?
• A case of mistaken identity?

Consent Defenses

Establishing consent can be challenging but effective. Text messages, prior relationship evidence, and witness testimony can all play crucial roles here.

Credibility Challenges

Many forcible touching cases boil down to one person’s word against another’s. Inconsistencies in the accuser’s statements, delay in reporting, or motivation to falsely accuse become critical factors.

In a recent case, our client was exonerated when subway camera footage contradicted key aspects of the accuser’s timeline and description of events.

The #MeToo Impact on Forcible Touching Cases

The landscape for these cases has shifted dramatically. Prosecutors are under increased public pressure to take all allegations seriously (as they should), but this sometimes results in overzealous prosecution.

The reality is that false allegations do happen. A client recently faced charges based solely on an accusation from someone who later admitted to making the claim during a heated argument. Without thorough investigation and aggressive defense, his life would have been permanently altered.

Public Transportation: A Legal Hot Zone

The statute specifically addresses incidents on public transit, reflecting the legislature’s concern about these environments. The crowded conditions on NYC subways create situations where:

1. Accidental contact gets misinterpreted
2. Actual predators exploit the crowded conditions
3. Limited witness visibility complicates cases

The MTA’s increased surveillance has changed the game for both prosecution and defense. Video evidence has become crucial, often making or breaking cases.

What To Do If You’re Charged

If you’re facing forcible touching allegations:

1. Say nothing to police without counsel. The “just explain yourself” instinct has sunk countless cases.
2. Preserve evidence immediately. Surveillance footage gets deleted, witnesses disappear, and memories fade. Time is critical.
3. Understand your case is winnable. These charges, while serious, have numerous avenues for defense.
4. Consider collateral consequences. Any plea deal must account for impacts on immigration, professional licensing, and potential sex offender registration.

The Bottom Line on Forcible Touching Charges

These cases exist in a challenging intersection of criminal law, where the stakes are extraordinarily high despite the misdemeanor classification. The good news? Strong defense strategies exist for those wrongfully accused.

The courtroom reality is that many forcible touching cases involve limited evidence beyond the accuser’s testimony. With proper investigation, legal knowledge, and courtroom experience, these allegations can be successfully fought.

If you’re facing these charges, remember that the system’s presumption of innocence exists for a reason. The right legal approach can make all the difference between a life-altering conviction and maintaining your freedom and reputation.

If you or someone you know is dealing with forcible touching charges, contact us today at (646) 663-4430 for a free consultation.

This article provides general information about forcible touching laws in New York. For advice about your specific situation, please consult with a qualified criminal defense attorney.

from Lebedin Kofman LLP https://www.lebedinkofman.com/forcible-touching-charges-in-ny/

What to Know About DWI Offenses in NYC in 2025

Let me paint you a picture that I see far too often in my practice: It’s Friday night in Manhattan, you’ve had a few drinks with colleagues after work, and you’re feeling “fine to drive.” Next thing you know, there are flashing lights in your rearview mirror, and you’re being asked to step out of your vehicle.

What happens next could affect your life for years to come, especially with New York’s newly strengthened DWI laws.

As a criminal defense attorney practicing in New York City, I can tell you that the Empire State isn’t playing around anymore when it comes to drunk driving. The new reforms have given New York some of the toughest DWI penalties in the nation, and I want you to understand exactly what’s at stake. At Lebedin Kofman LLP, our NYC DWI lawyers, who have experience in achieving successful outcomes in DWI cases, can assist in tackling the legal process, and help protect your rights.

Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to learn more about our DWI attorneys and how we can assist you.

Types of Drinking and Driving Offenses in NYC

Before we get into the nitty-gritty of penalties, let’s be clear about what you might be charged with:

• DWI (Driving While Intoxicated): This is the standard charge when your Blood Alcohol Content (BAC) is 0.08% or higher. This is the most common charge I defend against.
• DWAI (Driving While Ability Impaired): A slightly lesser offense, charged when your BAC is between 0.05% and 0.07%. Don’t mistake “lesser” for “minor” – it still carries serious consequences.
• Aggravated DWI: When your BAC hits 0.18% or higher (more than twice the legal limit), you’re in deep trouble with this enhanced charge.
• DWAI-Drug and DWAI-Combination: Proving these cases can be more complex for prosecutors, but they’re equally serious. These apply when drugs are involved, with or without alcohol.
• Zero Tolerance Violations: For drivers under 21, the threshold is effectively zero (technically 0.02%, which can be from a single drink or even some mouthwashes).

The NYC courts and prosecutors approach each of these charges differently, but none of them are treated lightly.

The 2025 Penalty Structure: Harder Than Ever

The penalties for DWI offenses in New York have always been substantial, but the 2025 updates have added even more teeth to the law:

Offense Type	Fine	Jail Time	License Action	Other Penalties
DWAI (1st offense)	$300–$500	Up to 15 days	90-day suspension	$250 DRA for 3 years
DWI (1st offense)	$500–$1,000	Up to 1 year	6-month revocation	IID for 6 months, probation possible
Aggravated DWI (1st)	$1,000–$2,500	Up to 1 year	1-year revocation	IID requirement
DWI (2nd in 10 years)	$1,000–$5,000	Up to 4 years	1-year revocation	Felony charge
DWI (3rd in 10 years)	$2,000–$10,000	Up to 7 years	1-year revocation	Felony charge
Chemical Test Refusal	$500 ($550 CDL)	None	1-year revocation	18 months for CDL
Zero Tolerance (under 21)	$125 civil penalty	None	6-month suspension	$100 fee to terminate suspension

IID: Ignition Interlock Device; DRA: Driver Responsibility Assessment

I’ve represented clients across this entire spectrum, and I can tell you that even first-time offenders are shocked by how quickly these charges can upend their lives. The fines listed above are just the beginning – add in court costs, attorney fees, increased insurance premiums, and potential income loss, and you’re easily looking at thousands of dollars for even a first offense.

The “Forfeit After Four” Bombshell

The most dramatic change in the 2025 laws is the introduction of what’s being called the “Forfeit After Four” rule. It’s exactly what it sounds like, but with a twist that has many of my clients concerned:

• Four or more alcohol- or drug-related driving convictions or incidents in your lifetime (not just within a specific window) can result in permanent license denial.
• Three convictions within 25 years plus a “serious driving offense” like causing a fatal accident also triggers permanent denial.
• Three convictions in 25 years without a serious offense means at least a two-year license denial, with restrictions for another two years if you get re-licensed.

Let me be crystal clear: this means offenses from your college days in the 1990s could potentially come back to haunt you in 2025 if you’re facing a new DWI charge. The lifetime lookback period is unprecedented and has substantially raised the stakes.

The Chemical Test Refusal Trap

A common question I get is: “Should I refuse the breathalyzer test?”

In New York, refusing a chemical test comes with its own set of penalties, separate from any DWI conviction. When you get your New York driver’s license, you implicitly consent to chemical testing if an officer has reasonable grounds to believe you’re intoxicated.

If you refuse:

• Your license is automatically suspended at arraignment
• It’s revoked for at least one year after a DMV hearing
• You face a $500 civil penalty ($550 for commercial drivers)
• The refusal can be used as evidence of consciousness of guilt at trial

The catch-22 here is obvious: take the test and potentially provide evidence against yourself, or refuse and face guaranteed penalties plus the implication that you had something to hide. This is exactly why getting legal counsel as soon as possible is critical.

Underage Drivers: Zero Means ZERO

If you’re under 21, New York’s Zero Tolerance law means that any detectable amount of alcohol (BAC of 0.02% or higher) will trigger:

• A 6-month license suspension
• A $125 civil penalty
• A $100 fee to terminate the suspension

While these penalties might seem less severe than adult DWI charges, they can have lasting implications for young drivers, including impacts on insurance rates during those critical early driving years and potential college disciplinary proceedings.

Defense Strategies That Actually Work

Despite the stringent laws, there are effective defense strategies for DWI cases in New York. I’ve used each of these successfully, depending on the specific circumstances:

Challenging the Traffic Stop

The Fourth Amendment is your friend. If the police didn’t have reasonable suspicion to pull you over in the first place, everything that follows from that stop – including field sobriety tests, breathalyzer results, and your arrest – may be suppressed.

Questioning Test Accuracy and Administration

Breathalyzers and field sobriety tests aren’t infallible:

• Was the device properly calibrated and maintained?
• Did the officer administer the tests according to standardized procedures?
• Were there medical or physical conditions that could affect test results?

Procedural Violations

The Miranda warnings, right to counsel, and proper evidence handling procedures aren’t just formalities – they’re constitutional guarantees. Violations can lead to suppression of evidence or even dismissal.

Strategic Negotiation

Sometimes, the best strategy is working toward favorable plea bargains. Reducing a DWI to a DWAI means the difference between a criminal record and a traffic violation. For many professionals in NYC, this distinction can save careers.

What To Do If You’re Charged

If you find yourself facing a DWI charge in New York City in 2025, here’s my practical advice:

1. Exercise your right to remain silent – Politely decline to answer questions beyond identifying information without an attorney present.
2. Document everything – As soon as possible, write down everything you remember about the stop, arrest, and testing process.
3. Get medical documentation if you have conditions that might have affected testing (diabetes, GERD, etc.).
4. Consult an attorney immediately – The prompt suspension law means your license could be suspended at arraignment, sometimes just days after arrest.
5. Never miss court dates – Bench warrants for failure to appear only compound your problems.

The Bottom Line

New York’s 2025 DWI laws represent a significant tightening of an already strict system. The stakes are higher than ever, especially with the lifetime lookback period for repeat offenders.

But here’s what I want you to take away: A DWI charge is not the same as a conviction. With proper legal representation and the right strategy, these charges can often be fought successfully or at least mitigated to reduce their impact on your life.

That said, the best defense is prevention. With rideshare options available 24/7 in NYC and public transportation that’s among the best in the nation, there’s simply no reason to risk driving after drinking.

If you do find yourself facing charges, remember that early intervention by an experienced attorney can make all the difference in the outcome of your case. The system is tough, but it’s navigable with the right guidance.

Our attorneys can help you. Contact us at (646) 663-4430 to schedule your free consultation.

from Lebedin Kofman LLP https://www.lebedinkofman.com/what-to-know-about-dwi-offenses-in-nyc/

Lebedin Kofman LLP Recovers $1.2 Million for Client in DEA Asset Forfeiture Case

Victory in High-Stakes Federal Asset Forfeiture Case

At Lebedin Kofman LLP, we recently secured a major legal victory, successfully recovering $1.2 million in cash and jewelry wrongfully seized from our client by the Drug Enforcement Administration (DEA).

Our client was pulled over and detained by federal agents in New York. During the stop, agents seized over $1.2 million worth of assets, alleging potential connections to criminal activity and attempting to permanently forfeit the property under federal civil asset forfeiture laws.

What Is Civil Asset Forfeiture?

Civil asset forfeiture allows the government to seize property suspected of being connected to illegal activity—even if the owner is never charged with a crime. This aggressive federal tool often targets cash, cars, and jewelry, and can result in life-altering losses without due process.

How We Fought Back

Despite intense pressure from the DEA, our legal team refused to accept forfeiture as an option. Over the course of six months, we mounted a relentless legal campaign, leveraging:

– Federal motions and petitions for return of property
– Constitutional arguments under the Fourth and Fifth Amendments
– Detailed evidentiary submissions proving the lawful origin of the assets
– Direct negotiations with the federal agency

The Result: 100% Recovery

After months of aggressive litigation, the government agreed to return 100% of our client’s seized property, including:

– Over $100,000 in cash
– Approximately $900,000 in high-value jewelry and watches including Richard Mille, Rolex, AP

This victory is a powerful reminder that even the most intimidating federal actions can be challenged and defeated with experienced legal counsel.

Why Choose Lebedin Kofman LLP for Federal Asset Forfeiture Cases?

– Proven Track Record: We fight — and win — against federal agencies.
– Relentless Defense: We don’t back down in the face of government overreach.
– Results-Oriented Representation: We prioritize return of property and dismissal of charges.

Have Your Assets Been Seized by the DEA or Federal Authorities?

If your cash, car, jewelry, or bank accounts have been seized by the DEA, FBI, IRS, or Homeland Security, don’t wait. These agencies operate under timelines that can make recovery much harder the longer you delay.

Contact Lebedin Kofman LLP today at (646) 663-4430 for a free consultation. for a free consultation. We’re ready to fight for your property and your rights.

from Lebedin Kofman LLP https://www.lebedinkofman.com/money-recovery-in-dea-asset-forfeiture-case/

Understanding the Consequences of Predatory Sexual Assault

Predatory sexual assault stands as one of the most heinous crimes in our legal system. At Lebedin Kofman LLP, our team of New York sex crime lawyers have witnessed firsthand the devastating ripple effects these crimes create. Let’s examine what these charges mean and the profound impact they have on everyone involved.

What Constitutes Predatory Sexual Assault

In legal terms, predatory sexual assault isn’t your “standard” sexual assault charge (if there could ever be such a thing). This enhanced classification typically involves aggravating factors that make the offense particularly egregious:

• Use of extreme force or violence
• Infliction of serious physical injury
• Targeting especially vulnerable victims, particularly children
• Prior sex crime convictions
• Use of weapons during the assault

New York has specifically codified predatory sexual assault as distinct offenses carrying heightened penalties. The sexual assault lawyers at Lebedin Kofman LLP understands that these charges recognize calculated, predatory behavior warranting the most serious legal response.

The Devastating Impact on Victims

The trauma inflicted on victims of predatory sexual assault extends far beyond the immediate physical harm:

Psychological Effects

Children who experience this trauma often exhibit profound behavioral changes. The attorneys at Lebedin Kofman LLP have worked with families where previously well-adjusted kids suddenly displayed:

• Severe anxiety and depression
• Regression to earlier developmental behaviors like bed-wetting
• Academic performance collapse
• Social withdrawal and isolation
• Trust issues that persist into adulthood

For adult victims, the psychological impact can be equally devastating, often manifesting as PTSD, substance abuse, and difficulties maintaining healthy relationships.

Long-Term Consequences

Research consistently shows these effects aren’t temporary. Victims face an uphill battle that can include:

• Chronic mental health challenges
• Difficulty forming trusting relationships
• Higher likelihood of substance abuse
• Increased risk of suicidal ideation

Perhaps most troubling is the data on revictimization. Studies indicate victims of child sexual abuse face over 1,000% higher risk of experiencing additional sexual assaults later in life compared to the general population. This startling statistic underscores how this crime doesn’t just harm victims once—it fundamentally alters their life trajectory.

Legal Penalties That Reflect the Crime’s Severity

The law doesn’t tread lightly with predatory sexual assault, and for good reason:

New York State Penalties

In New York, where we practice, predatory sexual assault is classified as a Class A-II felony—placing it among the most serious crimes in our penal code. Conviction brings:

• Mandatory minimum sentences of 10-25 years
• Maximum potential of life imprisonment
• For persistent felony offenders, minimum sentences of 25 years to life
• Mandatory post-release supervision
• SORA (Sex Offender Registration Act) requirements

Other states follow similar patterns, reflecting a national consensus on the gravity of these offenses.

The Never-Ending Sentence: Collateral Consequences

Our law team emphasize to clients that the legal sentence is just the beginning of the punishment:

Sex Offender Registration Requirements

The sex offender registry creates a lifetime of restrictions and obligations:

• Public disclosure of personal information including home address
• Regular check-ins with authorities
• Restrictions on where offenders can live (typically no closer than 1,000-2,500 feet from schools, parks, daycare centers)
• Travel restrictions, including requirements to register when visiting other states
• Internet and social media limitations

We have represented clients who, even decades after completing their sentences, still struggle with the practical impossibility of finding housing that complies with these restrictions.

Employment and Housing Barriers

The conviction and registry status create nearly insurmountable barriers:

• Automatic disqualification from numerous professions
• Inability to obtain occupational licenses
• Landlords who automatically reject applications
• Housing restrictions that eliminate most urban areas as potential residences

One client described it as “being sentenced to permanent homelessness and unemployment” after serving his prison term.

Social Death Sentence

Beyond the formal restrictions, society imposes its own punishment:

• Community notification often leads to harassment
• Family members frequently face ostracism by association
• Online registries enable ongoing public shaming
• Relationships become nearly impossible to maintain

The Restorative Justice Question

Some legal scholars and advocates, including our attorneys, have begun exploring whether alternative approaches might better serve both punishment and rehabilitation goals. While traditional incarceration and registration remain the standard response, some jurisdictions are examining:

• Specialized treatment programs
• Supervised reintegration protocols
• Risk-based registration systems rather than blanket lifetime requirements

The challenge remains balancing appropriate punishment with rehabilitation possibilities while always prioritizing victim protection.

Final Thoughts

The consequences of predatory sexual assault extend in all directions—devastating victims, punishing offenders well beyond their formal sentence, and affecting families and communities for decades. The severity of these consequences reflects society’s understanding of just how damaging these crimes are.

For anyone facing these charges, the stakes couldn’t be higher. The sexual assault defense attorneys at Lebedin Kofman LLP bring their extensive experience to ensuring that every client receives the strongest possible defense while navigating these complex and serious charges. For victims seeking justice, understanding the full scope of legal responses can be an important part of the healing process. And for our legal system, the challenge remains ensuring that our response to these terrible crimes serves justice while leaving some room for rehabilitation where possible.

If you or someone you know is dealing with sexual assault charges, contact us today at (646) 663-4430 for a free consultation.

from Lebedin Kofman LLP https://www.lebedinkofman.com/understanding-consequences-of-predatory-sexual-assault/