Criminal Defendant – Page 4 – Migir Ilganayev Attorney At Law

The following article is intended for informational purposes only and should not be construed as legal advice. If you are facing charges related to aggravated harassment, it is imperative that you consult a qualified attorney for personalized guidance tailored to your situation.

Aggravated Harassment in the First Degree is a Class E Felony under New York Penal Law Section 240.31. This offense is grave and could result in severe penalties, including imprisonment. This blog offers insights into this criminal charge and its ramifications for those located in New York City.

Legal Definition

Aggravated Harassment in the First Degree Under New York Penal Law Section 240.31

A person is guilty of aggravated harassment in the first degree when, with intent to harass, annoy, threaten, or alarm another person because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation—regardless of whether the belief or perception is correct—he or she:

Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or
Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30, or he has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years; or
Etches, paints, draws upon or otherwise places a swastika, commonly exhibited as the emblem of Nazi Germany, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property; or
Sets on fire a cross in public view; or
Etches, paints, draws upon or otherwise places or displays a noose, commonly exhibited as a symbol of racism and intimidation, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property.

Penalties

A conviction of Aggravated Harassment in the First Degree, a Class E Felony in NYC, can carry severe penalties, such as:

Up to 4 years of imprisonment
Significant fines
Probation in New York
A permanent criminal record

Important Advice: Handling Law Enforcement Inquiries in NYS

If you receive a call from a detective or any other law enforcement agency in New York regarding harassment charges or any other alleged criminal involvement, it is crucial to exercise your right to remain silent. Direct them to contact your criminal defense attorney immediately. Engaging in conversations with authorities can inadvertently lead to self-incrimination, even when you believe you are simply clearing your name. Consulting an experienced New York criminal defense lawyer before any interaction with law enforcement can be a safeguard against jeopardizing your defense.

Conclusion: Contact a Criminal Defense Attorney in NYC

If you or someone you know is facing Aggravated Harassment in the First Degree or other criminal charges in New York City, immediate legal action is imperative. Contact ILGANAYEV LAW FIRM, PLLC to discuss how we can zealously defend your rights in the complex landscape of NYC’s criminal justice system. For more information, contact our office at 646.396.8050 or via email at ilganayevlaw@gmail.com. If you are facing criminal charges, call or text the number above.

ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

Criminal Defendant, Criminal Defense, CriminalLaw, Domestic Violence, New York Criminal Attorney, New York Defense Attorney

Defending a New York Domestic Violence Case

admin Criminal Defendant, Criminal Defense, CriminalLaw, Domestic Violence, New York Criminal Attorney, New York Defense Attorney July 30, 2023

This blog post, including the hypothetical scenarios and any legal advice expressed, are meant solely for informational and educational purposes. They do not represent legal advice and shouldn’t be taken or relied upon as such. The information here is specific to the State of New York, as laws can greatly vary from state to state. Reading this post or using the information within does not create an attorney-client relationship.

Domestic violence is taken seriously by law enforcement and result in serious consequences if you are a suspect in this situation. While efforts to address and prevent domestic violence are crucial, it’s equally important to ensure that those accused of such crimes receive fair treatment and a robust defense. If you’re facing a domestic violence charge in New York, understanding your rights and seeking expert legal counsel, like our attorneys at Ilganayev Law Firm, PLLC, is vital to achieving a favorable outcome. This blog post aims to guide individuals facing New York domestic violence charges, helping you understand your entitlement to a fair trial and the steps that can protect your rights.

Understanding New York Domestic Violence Laws:

Defining Domestic Violence in New York:

Domestic Violence is a form of abuse caused by one partner in an intimate relationship to exert control over the other. This abuse may manifest in various forms, including sexual assault, physical abuse, emotional abuse, financial abuse, stalking, threats, and intimidation.

Assault and Related Offenses (New York Penal Code § 120.00):

Article 120 covers assault and related offenses, including but not limited to causing physical harm to another person negligently, intentionally, or with weapons. It also covers stalking that incites fear for personal safety.

Sex Offenses (New York Penal Code § 130.00):

Article 130 covers a range of sex offenses, including abuse and rape. In New York, domestic violence charges may be classified as misdemeanors or felonies, depending on the severity of the alleged offense and the defendant’s prior criminal history.

Why You Need a New York Domestic Violence Defense Attorney:

Facing domestic violence charges in New York can have severe repercussions, including imprisonment, restraining orders, fines, and mandatory participation in anger management or counseling programs. Additionally, a conviction can significantly impact family dynamics, child custody, employment opportunities, and social reputation.

Retaining an experienced New York domestic violence defense attorney, like those at Ilganayev Law Firm, PLLC, is crucial to ensure your rights are upheld throughout the legal process. We help you meticulously analyze your case’s details, challenge evidence, and develop a strong defense strategy tailored to your unique situation.

Understanding Your Domestic Violence Charges and Their Consequences in New York:

Your defense starts with understanding the specific charges under New York domestic violence laws. Your attorney will clarify the potential consequences you may face if convicted.

Preserving Evidence and Identifying Witnesses for Your Domestic Violence Case:

Gather any evidence that can support your defense, like text messages, emails, social media posts, photographs, or videos providing context to the events. Identify any witnesses who can testify on your behalf, offering a different perspective on the incident.

Complying with New York Orders of Protection:

In New York, courts may issue orders of protection, or restraining orders, to ensure the safety of alleged victims. Violating such orders can lead to additional charges and serious legal consequences.

Transparency with Your New York Domestic Violence Defense Attorney:

Open and honest communication with your attorney is critical for building a robust defense. Share all relevant information, even if you believe it may negatively impact your case.

In some instances, individuals may face false accusations of domestic violence due to personal vendettas, emotional disputes, or mistaken identity. Our attorneys will thoroughly investigate the accuser’s motives and gather evidence to refute false allegations.

If charged with domestic violence in New York, remember your right to a fair trial and legal representation. At Ilganayev Law Firm, PLLC, we stand with you at each stage of the legal process, from arraignment to trial, ensuring you understand your options and potential outcomes.

ACD, Bail Law, Criminal Defense, Detective, Miranda Rights, New York Defense Attorney, Police Search

What Should You Do if a Detective Calls You?

admin ACD, Bail Law, Criminal Defense, Detective, Miranda Rights, New York Defense Attorney, Police Search July 10, 2023

The content provided in this blog post, including the hypothetical scenarios and any legal advice expressed, are intended for informational and educational purposes only. They do not constitute legal advice and should not be considered or relied upon as such. The information provided is specific to the State of New York, and laws can vary greatly from state to state. No attorney-client relationship is formed by reading this post or using the information provided herein.

Receiving a phone call from a detective can be an unnerving experience for anyone and you’re probably asking “what are my rights if a detective calls me in New York?” However, remaining calm and handling the situation appropriately is crucial to protect your rights and ensure a fair legal process. If you find yourself in such a situation in the State of New York, this blog post will guide you through the steps you should take when a detective contacts you with questions. Remember, seeking legal advice from a professional, like ILGANAYEV LAW FIRM PLLC, is always recommended to fully understand your rights and obligations.

First, it is important to understand why a detective is calling you. It is either that they think you are a suspect in the crime, have some involvement in the crime, or have some information regarding the crime and who is involved.

In order to avoid sharing any self-damaging information, please follow these steps:

1. Stay Calm and Composed:

Although this is easier said than done, avoid reacting impulsively and providing any immediate information. Take a deep breath, collect your thoughts, and prepare yourself how to best handle this situation.

2. Confirm the Detective’s Identity:

Politely ask the Detective for their full name, contact details, and what precinct they are calling from. The reality is people lie over the phone, and you want to make sure you are talking to the right authority figure. Moreover, keep in mind that detectives are allowed to legally lie to you to lure you into incriminating yourself or turning yourself in without even knowing you are turning yourself in.

3. Exercise Your Right to Remain Silent:

Do NOT willingly share information if a Detective calls you. Under the Fifth Amendment of the United States Constitution, you have the right to remain silent. You are not obligated to answer any questions asked by the Detective. If the Detective tells you that you must come down to the precinct, do NOT go without an attorney present. Politely inform them that you wish to exercise your right to remain silent until you have consulted with an experienced attorney, like our attorneys at Ilganayev Law Firm, PLLC, who will help you navigate the process and communicate with law enforcement on your behalf.

4. Avoid Making Statements or Providing Information:

It is crucial to refrain from making any statements or providing information to the Detective during the phone call. Anything you say can be AND WILL be used against you in the Court of law. Remember that even seemingly innocent or unrelated statements can be misconstrued or used against you later.

5. Consult an Attorney:

Upon receiving a call from a detective, you should immediately contact an experienced NYC criminal defense attorney. Explain the situation to them and seek their guidance and representation. An attorney will protect your rights, advise you on the best course of action, and communicate with law enforcement on your behalf. Remember to be completely honest with your attorney. Anything you tell your attorney is protected by attorney-client privilege, which ensures confidentiality and encourages full disclosure of relevant information for your defense.

6. Follow Your Attorney’s Advice:

Once you have secured legal representation, your attorney will analyze the situation and provide you with the best legal advice tailored to your specific circumstances. They will guide you on whether it is necessary to schedule a meeting with the Detective, how to handle any potential requests, or whether it is best to refrain from further communication. Your attorney is there to help and guide you, as they have your best interests in mind.

7. Be Mindful of Your Conduct:

Throughout the process, it is important to conduct yourself appropriately and respectfully. Avoid discussing the case with anyone other than your attorney, including family members or friends. Follow your attorney’s advice on how to handle inquiries from others, especially from law enforcement or the media.

When a detective contacts you with questions in New York State, it is crucial to handle the situation carefully to protect your rights. Remember to stay calm, exercise your right to remain silent, and seek legal representation immediately. At ILGANAYEV LAW FIRM, PLLC, we are dedicated to working closely with you so you can navigate the process effectively and ensure a fair and just outcome.

Bail Law, Criminal Defendant, Criminal Defense, Grand Larceny

Understanding Grand Larceny in New York:

admin Bail Law, Criminal Defendant, Criminal Defense, Grand Larceny June 23, 2023

Welcome to Ilganayev Law Firm PLLC’s blog page, where we dedicate ourselves to providing valuable insight into legal matters within the State of New York for your convenience. In this post, we will explore the intricacies of grand larceny, a prevalent white-collar felony offense prosecuted in New York City, encompasses various forms of illegal acquisition, including embezzlement, fraud, extortion, and theft, as outlined in sections 155.30, 155.35, 155.40, and 155.42 of the New York Penal Law.

Grand larceny is a serious offense under New York law, and comprehending its implications is essential for both potential offenders and victims. Join us as we delve into the key aspects of grand larceny and the legal consequences in New York.

Defining Grand Larceny under New York Law:

In simple terms, Grand larceny is a term used to describe the unlawful act of taking and carrying away someone else’s property without their permission, with the intention of permanently depriving them of that property. In New York, grand larceny is considered a felony offense, and the severity of the crime depends on the value of the stolen property.

Under current New York law (as of the knowledge cutoff date of this article), grand larceny is classified into different degrees, based on the following value thresholds:

Grand Larceny in the Fourth Degree [Class E Felony]: The value of the stolen property exceeds $1,000 but does not surpass $3,000. [NY Penal Code § 155.30(1)]

Grand Larceny in the Third Degree [Class D Felony]: The value of the stolen property exceeds $3,000 but does not surpass $50,000 (e.g., Jewelry). [NY Penal Code 155.35]

Another example of this would be the stolen property of an automated teller machine (ATM) or its contents. [NY Penal Code § 155.43]

Grand Larceny in the Second Degree [Class C Felony]: The value of the stolen property exceeds $50,000 but does not surpass $1 million. [NY Penal Code 155.40(1)]

Examples include: stolen property obtained through extortion; stolen property is a public record held by a public office or servant; or property stolen includes one or more firearms.

Grand Larceny in the First Degree [Class B Felony]: The value of the stolen property exceeds $1 million. [NY Penal Code 155.42]

To illustrate the concept of grand larceny, let’s consider the scenario of stealing a Rolex Submariner, a highly valuable and sought-after item. In New York, this would be a third degree, class D Felony because it exceeds $3,000 but does not surpass $50,000. Understanding this, the degree of grand larceny charge primarily hinges on the value of the item, in this case a stolen watch, each carrying its own set of legal consequences under New York law.

Consequences of Grand Larceny in New York:

Being convicted of grand larceny in New York can lead to severe penalties, including:

Incarceration: The duration of imprisonment depends on the degree of grand larceny and can range from several months to several years.
Monetary fines: The court may impose substantial fines, the amount of which increases with the value of the stolen property.
Restitution: Defendants may be required to compensate the victim for the value of the stolen property or its replacement.
Criminal record: A grand larceny conviction results in a permanent criminal record, which can have detrimental effects on employment prospects, housing opportunities, and personal reputation.

Legal Defense Strategies:

If you or someone you know is facing grand larceny charges in New York, consult with an experienced criminal defense attorney immediately. At Ilganayev Law Firm, PLLC, we provide valuable guidance and employ effective defense strategies, including:

Challenging intent evidence: The prosecution must establish that you intended to permanently deprive the owner of the stolen property. Your attorney can scrutinize the evidence presented to dispute the presence of intent.
Establishing ownership or consent: If you can demonstrate rightful ownership or provide evidence of consent from the owner, it may weaken the prosecution’s case against you.
Negotiating a plea bargain: In certain situations, your attorney may negotiate for a lower sentence, fine, or offense depending on whether you are a first-time or repeat offender. For first-time offenders, there are potential alternatives to incarceration in cases of grand larceny, such as probation, community service, fines, and conditional discharges, provided that the judge is inclined to offer such sentences. However, if the judge does not opt for these alternatives, the consequence may involve being turned over to corrections officers and serving time in either a city jail or state prison.

Contact us today to discuss your situation and find the best possible outcome!

ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

Criminal Defense

SECOND DEGREE ROBBERY

admin Criminal Defense November 27, 2020

ELEMENTS OF ROBBERY IN THE SECOND DEGREE IN NEW YORK

Robbery in the second degree involves stealing from another person while using force or the threat of force.

According to New York Penal Code § 160.10, a person can be prosecuted for robbery in the second degree when he steals property with force AND:

1. He is aided by another person actually present; OR

2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

(a) Causes physical injury to any person who is not a participant in the crime; OR

(b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; OR

3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

Robbery in the second degree is a class C felony.

USING A GUN

You will be faced with a second degree robbery charge if you use any kind of gun or firearm as a weapon of your choice. According to New York Penal Law Section 160.10, it is not required that the gun be displayed during the robbery. It is sufficient enough if the gun was displayed only during flight after the robbery. Also, keep in mind that the law also does not require that the gun being displayed is an actual real gun. The statute only requires that you display something that appears to be gun to threaten and scare off the victim.

PHYSICALLY INJURING THE VICTIM

If you physically injure the victim, in any way, you will be charged with robbery in the second degree. This also applies to a third party getting physically injured, who may not have been the target, but happened to be present and injured during the robbery. Any physical injury to the targeted victim, or a third party, caused by you during the robbery, will result in the charge. Under New York law, “physical injury” means an injury that causes substantial pain or the impairment of a person’s physical condition. The extent of physical injuries inflicted onto the victim typically don’t play a role in the defendants conviction of robbery in the second degree. Minor injuries are treated just as the more serious injuries.

COMMITTING THE ROBBERY WITH HELP FROM ANOTHER PERSON

You will face this charge if you are aided by another person who is present during the robbery, regardless if said person was directly involved in the robbery of the victim. This is referred to as accomplice liability. For example, if you approach the victim at a gas station in the middle of the night, and your friend is on the lookout for the police, then your friend will be charged as an accomplice robbery in the second degree, even though he didn’t have any direct contact with the victim.

STEALING A CAR

Regardless of any other factor, if you steal a motor vehicle as defined by the New York Vehicle and Traffic Law (VTL), you will be charged with, at the minimum, robbery in the second degree. “Motor vehicle” is defined as any vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. This type of robbery is otherwise known as a carjacking. In order to steal a car, it is not necessary that you actually drive it. It is only necessary that you apply control over the vehicle. For example, you successfully threatened a person to hand over their car keys to you. However, the victims car had a device installed that prevented robbers from driving off. Not driving the stolen car would be just as adequate in a charge of second degree robbery, as it would be driving it.

LEGAL CONSEQUENCES

If you are convicted of robbery in the second degree you are facing a minimum of 3.5 years in prison. In addition to that, your sentence may include compensations, fines, and post-release supervision.

PRISON TERM

Since robbery in the second degree is a Class C felony, the maximum prison sentence is typically 15 years. However, the definite length of your prison sentence will mostly depend on your prior criminal record(s). Based on your criminal record, your various number and levels of offenses, if any, will be contributed to determining the actual length of your prison sentence for robbery in the second degree. If you or someone you care about has been charged with robbery in New York City, you need a criminal defense lawyer.

ATTORNEY ADVERTISING. This blog post does not constitute legal advice. Prior Results Do Not Guarantee Similar Outcome.

Previous page 1 2 3 4 5 Next page

ilganayevlaw@gmail.com

646-396-8050

Tag Archives: Criminal Defendant

Understanding Aggravated Harassment in the First Degree in New York