Driving while intoxicated (DWI) is a serious offense in the state of New York and carries some serious penalties, including a criminal record. One of the most common questions we get from clients who are charged with a DWI after a drinking and driving incident is, ‘Can you go to jail for a DWI?’ The short answer is yes, there is always a possibility that your offense could land you in jail. However, the likelihood of that happening will depend on the exact circumstances around your DWI charge. Before you make any decisions about your case, it is important to speak with a highly-rated Long Island DWI lawyer. At The Law Offices of Jason Bassett, our experienced lawyer, Jason Bassett, is dedicated to protecting your rights. He can work tirelessly to build a strong defense strategy tailored to your unique situation. Don’t navigate the legal system alone; contact us today at (631) 259-6060 to schedule a confidential consultation and find out how we can help to reduce your DWI charges. Penalties for DWI in NYIn the state of New York, a first-time DWI offense is classified as a misdemeanor and may result in jail time, although there is no mandatory minimum sentence. Subsequent DUI convictions can be treated as felonies, leading to more severe penalties. That being said, under state law in New York any DWI conviction can result in jail time, regardless of the number of offenses committed. The maximum jail time for DWI offenses in New York can be broken down as follows:
As indicated above, the time between offenses will also play a part in the severity of your potential penalties. When there are multiple DWI offenses within a 10-year span, it becomes far more likely a defendant will receive a lengthy jail sentence. DWI in New York First OffenseThe act of driving while intoxicated in New York State carries severe consequences. If a police officer pulls you over and conducts a field sobriety test, followed by a chemical test revealing a blood alcohol concentration (BAC) exceeding the legal limit of 0.08%, you will likely be charged with DWI. A first-offense DWI is considered a misdemeanor and carries the following penalties upon conviction, depending on the specific charges involved:
When facing a first-offense DWI charge in New York, it’s crucial to have a reliable lawyer by your side. At The Law Offices of Jason Bassett, our dedicated Long Island DWI lawyers understand the complexities of the legal process and will guide you with confidence. With meticulous analysis of the evidence, skillful challenges to the prosecution’s case, and unwavering advocacy for your rights, we strive to achieve the best possible outcome for your DWI case. Contact us today for assistance and peace of mind. Is Jail Time Mandatory For 1st DUI In NY?In New York, jail time is not mandatory for individuals convicted of their first DUI offense. According to the state’s DUI laws, a first-time DUI offender is not required to serve a minimum jail term. However, while there isn’t a mandatory minimum, the courts still have the authority to impose a sentence of up to one year of imprisonment, particularly for certain impaired driving offenses. The likelihood of serving jail time can increase if the offense involves certain aggravating factors. One of the key factors that may affect the severity of the sentence is the Blood Alcohol Content (BAC) level at the time of the arrest. A high BAC can result in harsher penalties, including the possibility of jail time. It’s also important to remember that the absence of a mandatory minimum does not mean escaping consequences. There are other penalties and consequences associated with a first-time DUI in New York, such as fines, the suspension of driving privileges, and the requirement to attend DUI education programs or install an ignition interlock device. Ultimately, whether jail time is included in the sentence for a first DUI in New York will depend on the specifics of the case, including the BAC level and the presence of any aggravating factors. Therefore, while not mandatory, jail time is still a potential outcome for a first DUI offense in New York. Factors that determine jail timeWhen determining if jail time is an appropriate penalty for a DWI conviction, the judge will look at a variety of factors. One factor that plays a major role in the length of your potential jail sentence is your blood alcohol content. When your blood alcohol content (BAC) was below .08 percent, you’ll likely be charged with a DWAI (Driving While Ability Impaired), which carries comparatively lighter penalties. Driving with a BAC that is greater than .08 and less than .18 percent is considered a DWI. Those who blow greater than .18 percent will be charged with Aggravated DWI, which is an even more serious crime and could lead to a higher chance of you landing in jail. The courts look at additional factors before deciding on a possible jail sentence. These include the presence of passengers in the vehicle at the time of the offense if injuries were sustained and their severity, and if children were involved.
When is the best time to get an attorney?A driver should immediately seek legal representation. It is important to never speak with an arresting police officer or any other officers without the presence of an attorney. In addition to protecting your rights during questioning, an attorney is able to assist with a variety of motions as well as evidence collection in a DUI case. This will help the attorney prepare better for trial. Even if the goal is to settle, an attorney can offer guidance. You will have the opportunity to make a deal with them and to decide if it is worth taking on the possibility of a trial. If you are facing DWI charges in Nassau County or Suffolk County, call criminal defense attorney Jason Bassett. Possible Defenses to a DWI ChargeIt may appear that your Long Island DWI arrest seals the deal. The prosecution may present the results of a breathalyzer and field sobriety test alongside busy roads as undisputed evidence that you drove drunk. However, there are many possible ways that both the evidence and the procedures used to arrest you for a DWI can be challenged. A defense lawyer’s ability to deal with technical problems may be key in a successful DWI defense. Many of these issues focus on breathalyzers and their crucial role in defense. A skilled criminal defense lawyer must be experienced in identifying technical issues that the prosecution might have against you. A defense lawyer must be able to cross-examine facts and obtain favorable verdicts for their clients. For DWI charges on Long Island, some possible questions a defense lawyer may ask include:
Defense attorney Jason Bassett is experienced in scrutinizing claims made by the officer, exposing inconsistencies, and allowing the defendant a chance to tell their story. In many cases, the most important evidence relies on a machine that calculates your blood alcohol level (BAC). But machines can be wrong for a variety of reasons. This, along with the credibility and reliability of the officer are often key factors. However, you have many other options for defense as well. Call Defense lawyer Jason Bassett today to learn more. Hiring A Top First-Time DWI Lawyer In Suffolk CountyJail time is not inevitable in a DWI conviction. A court will consider many factors before making a decision on every case. Having the right criminal defense attorney by your side can greatly reduce the chance of you serving any jail time for your first DWI offense or a subsequent offense. Anyone who is facing charges of Driving While Intoxicated or Driving Under the Influence should seek the legal advice of an experienced criminal defense attorney. If you are faced with a DWI offense and feel anxious about potential jail time, contact Jason Bassett and his team for a free initial consultation. Get the information and legal answers you are seeking by calling (631) 259-6060 today. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/can-i-go-to-jail-for-dwi-long-island/ Can I Go to Jail for a DWI on Long Island?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/can-i-go-to-jail-for-dwi-long-island/
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We know that driving in New York State can be stressful, especially since police on Long Island closely monitor traffic violations. Law enforcement is particularly strict when it comes to drunk driving, and the consequences and cost of being convicted of a DWI can be life-changing. Suppose you are stopped on the road in NY at an intoxication checkpoint. In that case, it is important to know whether the officer had the right to set up the DWI checkpoint, to begin with, if the checkpoint was conducted legally, and what you can legally be compelled to do in this situation. If you’ve been stopped at a police checkpoint, questioned, and arrested for drunk driving, consider seeking the help of Jason Bassett, a highly regarded Long Island DUI/DWI attorney. For many years, Bassett has been providing assertive legal representation to individuals who have been charged with drunk driving offenses. At the Law Offices of Jason Bassett, our team of experienced attorneys may be able to assist you in constructing a robust legal defense against your charges. To schedule a free consultation, please call us at (631) 259-6060. What Is A DWI Checkpoint?A DWI checkpoint sometimes called a “sobriety checkpoint” or “DUI roadblock”, is a location set up by law enforcement to stop vehicles, make observations, and test drivers for alcohol or drug intoxication. Police officers are supposed to follow past legal decisions when it comes to the specific sequence or pattern they should use to stop the vehicles. If they aren’t going to stop every vehicle, they need to come up with some other impartial basis such as stopping every third car. The police officers conducting these сhecks can not change or alter the pattern on the spot. The DUI checkpoint should have safety precautions so that drivers can stop or drive through the checkpoint safely. There should be signs informing drivers about the presence of the checkpoint posted along the road leading up to it. If you are stopped and arrested at a checkpoint that the legal requirements imposed upon law enforcement, your DUI lawyer will be able to challenge whether the officer had the right to detain you and possibly have evidence against you ruled inadmissible in court. Can Police Legally Set Up A DUI Checkpoint In New York?In New York, it is perfectly legal for police departments to set up sobriety checkpoints where officers may stop and check drivers for a short time to find out if they are driving in a state of intoxication. However, these checkpoints have to conform to the legal limitations placed upon them and must be conducted in a fair and impartial manner. Under New York law, DUI checkpoints are only legal so long as the police do the following:
Do I Have to Show ID at a DUI Checkpoint in NY?When approaching a DUI checkpoint in New York, it is important to be aware of your obligations and the expectations of law enforcement officers. Yes, you are required to show your ID at a DUI checkpoint. Upon stopping, police officers are likely to ask for your full name, driver’s license, and vehicle registration. Compliance with these requests is crucial. Refusing to provide your identification or vehicle documents can lead to additional legal issues and may be considered an infraction. It’s important to note that while you have the option to legally turn your vehicle around to avoid a checkpoint, once you are in the queue and reach the officers, you must present your ID if requested. The purpose of a DUI checkpoint is to ensure the safety of all road users by identifying and taking appropriate actions against impaired drivers. Providing your ID promptly can help ensure the checkpoint process is quick and efficient for everyone involved. Do I have Legal Rights at DUI Checkpoints?Motorists possess certain rights concerning DUI checkpoints. These checkpoints are a lawful and effective law enforcement technique in which officers can use roadblocks to stop drivers and apprehend drunk drivers, ensuring the safety of all individuals on the road. However, police officers are constrained in their ability to stop vehicles for sobriety checks. They are required to follow stringent procedural protocols as defined by the New York courts, ensuring that they do not violate motorists’ rights. It is important that drivers understand their constitutional rights in relation to DUI checkpoints to safeguard their rights. Police officers are not authorized to search a person or vehicle without consent from the driver or probable cause. If they conduct an unauthorized or unconsented search, they infringe on the driver’s rights. Drivers who turn around and avoid this kind of roadblock provide police officers with probable cause to stop them, particularly if they make an illegal traffic maneuver, such as an improper U-turn. In this scenario, a police officer will likely detain the driver. Drivers are legally obligated to provide their license and registration when requested. Police officers must adhere to a random algorithm or system when halting vehicles at a checkpoint. Police officers will pose various questions to motorists to verify whether they are driving while intoxicated. They may also ask drivers to take a field sobriety test to determine their blood alcohol concentration (BAC). Motorists can decline to respond to law enforcement’s inquiries or undergo a chemical examination. Additionally, they have the right to remain quiet until they receive legal counsel. However, drivers who decline to take a chemical test can have their license suspended due to implied consent laws in New York. New York courts consider the probable cause to safeguard drivers’ constitutional rights. If stopped at a checkpoint, drivers are advised to remember and exercise their rights.
What Should You Do If You Are Arrested At A DWI Checkpoint?If set up and conducted properly, sobriety checkpoints can be an effective way to ensure safer roads and eliminate intoxicated driving. However, police cannot trample all over your rights in the name of public safety and must carefully follow the laws governing checkpoints. If you are looking for the best defense strategy after being detained at a DUI checkpoint on suspicion of drunk driving, we are here to help. Contact us for a free consultation with Jason Bassett, a top-rated New York DWI lawyer. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/are-dwi-checkpoints-illegal-in-new-york/ Are DWI Checkpoints Illegal In New York?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/are-dwi-checkpoints-illegal-in-new-york/ Violating parole on Long Island, New York, can result in severe consequences for individuals who have been granted early release from prison. Whether it’s a technical violation or a new criminal offense, understanding what happens when you violate parole is crucial. It’s essential to be aware of the potential penalties, legal procedures, and the importance of seeking legal counsel to navigate this challenging situation effectively. If you find yourself facing allegations of parole violation, it is imperative to seek the guidance of an experienced parole violation attorney. Skilled Long Island parole violation lawyer Jason Bassett can help protect your rights, assess the details of your case, and provide valuable advice on the available defenses and mitigating factors. At The Law Offices of Jason Bassett, our team works tirelessly to build a strong defense strategy tailored to our clients’ specific circumstances, advocating for the best possible outcome in their parole revocation hearings. Don’t face the complexities of parole violation alone. Take the proactive step of consulting with a knowledgeable attorney who specializes in parole law. With their support, you can navigate the legal process with confidence, ensure your voice is heard, and strive for the most favorable resolution. Contact The Law Offices of Jason Bassett today at (631) 259-6060. Parole and Its PurposeParole is a supervised release program granted to individuals who have served a portion of their prison sentence and have demonstrated good behavior and rehabilitation. The primary purpose of parole is to reintegrate individuals back into society while providing them with support and supervision. It offers a chance for individuals to demonstrate their ability to abide by the rules and conditions set by the parole board. What Are The Conditions of Parole?Parole is a form of supervised release granted to individuals, allowing them to complete their sentence outside of prison under supervision, with specific conditions set by a parole board. These conditions, tailored to the individual’s situation, must be closely followed. Non-compliance can lead to severe consequences, including the possibility of returning to prison. The conditions for parole often include obeying all laws, informing parole officers about any changes in residence or employment situations, and a prohibition on possessing firearms or other weapons. Parolees must also maintain regular contact with their parole officer and fulfill any financial obligations, such as fines or restitution payments. In some cases, additional restrictions may apply, such as drug testing, curfews, or staying away from certain individuals or locations. Each parolee’s situation is unique, and the conditions imposed are influenced by the type of crime committed and the individual’s behavior during imprisonment. If there is any uncertainty about whether an action might constitute a violation, seeking guidance from an experienced Long Island parole violation lawyer is essential. Jason Bassett can provide legal counsel and representation to navigate the complexities of parole and defend the rights and freedom of parolees throughout the parole period. Contact The Law Offices of Jason Bassett today to schedule a consultation. Importance of Compliance with Parole ConditionsThe conditions set by the parole board are established with the aim of ensuring public safety and supporting the parolee’s rehabilitation journey. By strictly adhering to these conditions, parolees demonstrate their commitment to the parole process and their dedication to personal growth and change. This compliance fosters a positive relationship with their parole officer and builds trust within the system. Nevertheless, it is essential to acknowledge that parole violations can happen, sometimes unintentionally, due to factors such as misunderstandings, unforeseen circumstances, or personal challenges. In such cases, seeking the assistance of a knowledgeable parole violation attorney is crucial. These skilled legal professionals can provide valuable guidance, assess the specific situation, and develop a strategic defense strategy tailored to the parolee’s unique circumstances. Types of Parole ViolationsParole violations can be classified into different categories, each with its own implications and consequences. Understanding these types of parole violations is essential for both parolees and their legal representation. Here are the main categories of parole violations: Technical ViolationsTechnical violations refer to the failure to comply with the administrative requirements and conditions outlined in a parole agreement. These violations do not involve the commission of new criminal offenses but rather revolve around the parolee’s adherence to specific parole terms and regulations.
Understanding these examples of technical parole violations is vital for parolees to maintain their parole status and successfully complete their terms. Parolees should consult with their parole officers or seek legal guidance if they have any questions or concerns regarding their parole conditions to ensure compliance and avoid potential violations.
New Criminal OffensesAnother type of parole violation occurs when a parolee commits a new criminal offense while on parole. This category of violation involves engaging in behavior that is considered a crime, which can range from drug possession or theft to more serious offenses like assault or robbery. When a parolee is arrested or charged with a new crime, it not only violates the terms of their parole but also exposes them to potential legal repercussions for the new offense. The consequences for new criminal offenses can include parole revocation, additional criminal charges, and an extended prison sentence. Failure to Attend Required ProgramsFailure to attend required programs or classes is also a type of parole violation. Parole agreements often include mandates for parolees to participate in specific programs aimed at rehabilitation, such as drug treatment, vocational training, or counseling. Not attending these required programs can be considered a violation, as it demonstrates non-compliance with the conditions outlined in the parole agreement. Parolees should take these programs seriously and actively engage in the prescribed activities to demonstrate their commitment to rehabilitation and successful reintegration. By understanding the different types of parole violations, parolees can make informed decisions to avoid behavior that may jeopardize their parole status. Seeking legal guidance and staying in regular communication with their parole officer can provide invaluable support in navigating the complexities of parole conditions and reducing the risk of violating them. Compliance with the terms and conditions of parole is crucial for individuals seeking to successfully complete their parole and reintegrate into society. Consequences of Parole ViolationViolating the terms of parole can lead to a range of consequences that can significantly impact a parolee’s life and legal status. Understanding these potential outcomes is crucial for individuals on parole and their legal representation. Here are some of the consequences of parole violation: Potential Arrest and DetentionWhen a parole violation occurs, law enforcement authorities have the power to arrest the parolee. This can happen if a parole officer or another authorized individual has probable cause that the parolee committed a violation or that the parolee was involved in a new criminal offense. Once arrested, the parolee may be held in custody pending further legal proceedings. The length of detention can vary depending on the circumstances and the specific violation. Parole Revocation HearingsUpon arrest or notification of a parole violation, a parolee is entitled to a parole revocation hearing. This hearing is conducted to determine whether the parolee did indeed violate the terms of their parole. Aside from the arguments from the parolee’s side on why their parole should not be revoked, the NYS Department of Corrections and Community Supervision would also present evidence and arguments as the prosecution during the hearing. The parole board or a hearing officer then assesses the evidence and makes a decision regarding parole revocation. Penalties for Parole ViolationIf a parole violation is established, the parolee may face various penalties. These penalties can vary depending on the severity of the violation and the parolee’s history. Some common penalties include:
If a “Probable Cause” finding is made, the parole violation will progress to the Final Hearing stage. On the other hand, if a “No Probable Cause” finding is made, the Parole Hearing Officer (PHO) will order the lifting of the warrant, and the parolee will be reinstated to supervision. Appeals ProcessIf parole revocation is decided against the parolee, they have the right to appeal the decision. The appeals process allows for a review of the revocation decision by a higher court or appellate body. The parolee’s attorney can help file the necessary paperwork, present legal arguments, and advocate for the reversal or modification of the revocation decision. Less is More Parole ReformsSignificant changes have been made to the parole revocation process under the Less is More reform. One of the key reforms is the establishment of the right to counsel at every stage of the parole revocation process, ensuring individuals on parole have legal representation to protect their rights. Understanding these rights and procedures is essential for individuals on parole and their legal representation. Here are the key aspects of legal rights and procedures in parole revocation cases: Under the Less is More (LIM) parole reforms, individuals accused of a parole violation are entitled to a preliminary hearing. For those who are detained, these hearings must take place within 5 days of their arrest on the parole warrant. Non-detained individuals should have their preliminary hearings within 10 days of their release on recognizance or when the notice of violation was issued. If probable cause is established during the preliminary hearing, the individual proceeds to a final hearing. According to the LIM reforms, detained individuals should have their final hearings within 30 days of the finding of sufficient proof at the preliminary hearing. For non-detained individuals, the final hearings must be conducted within 45 days. A notable aspect of the LIM reforms is the requirement for these hearings to be held in the community rather than within jails. This change aims to foster a more conducive and fair environment for parole revocation proceedings, emphasizing the importance of community involvement in the decision-making process. Limits on IncarcerationUnder the Less is More parole reforms in New York, there are specific limits on periods of incarceration for technical violations. Reincarceration is not allowed for certain technical violations, including curfew violation, alcohol/substance use (unless it involves driving under the influence), failure to notify the parole officer of a change in employment status, failure to pay surcharges and fees, and obtaining a driver’s license or driving a car with a valid license unless explicitly prohibited by the person’s conviction. Failure to notify the parole officer of police contact, unless intended to conceal illegal behavior, is also not eligible for reincarceration. For all other technical violations, the periods of reincarceration are as follows: 0 days for the first and second violations, 7 days for the third violation, 15 days for the fourth violation, and 30 days for the fifth violation or subsequent violations. Regarding absconding, which refers to intentionally avoiding supervision by failing to maintain contact with the assigned parole office and not notifying the parole officer of a change in residence, resulting in the parole officer’s unsuccessful attempts to re-engage, the periods of reincarceration are as follows: 7 days for the first violation, 15 days for the second violation, and 30 days for the third violation. These reforms aim to establish more proportionate and rehabilitative responses to technical violations within the parole system. By setting clear limits on periods of reincarceration, the reforms promote a fairer and more effective approach to parole supervision. Understanding the legal rights and procedures involved in parole revocation cases empowers parolees to protect their interests and seek a fair outcome. Engaging the services of a skilled attorney is essential to navigate these processes effectively, ensure the parolee’s rights are upheld, and present a robust defense against the allegations of parole violation. Defenses and Mitigating FactorsWhen facing parole violation allegations, it is crucial to explore potential defenses and present mitigating factors to the court. A strong defense strategy can help minimize the consequences of parole violations and advocate for a fair outcome. Some valid defenses include:
In addition, the court may also consider these mitigating factors:
In parole violation cases, understanding the available defenses and presenting mitigating factors can significantly impact the outcome. Valid defenses, such as innocence or lack of intent, can challenge the allegations while demonstrating compliance with parole conditions can help mitigate the perception of violation. Additionally, presenting mitigating factors, including positive progress, adherence to some conditions, or personal circumstances, can influence the court’s decision. Seeking the assistance of an experienced parole violation attorney is crucial in navigating these complexities. They can provide invaluable guidance, conduct a thorough case evaluation, and build a strong defense strategy tailored to the specific circumstances. With the support of a skilled attorney, parolees can protect their rights, present a compelling case, and strive for a favorable outcome in parole violation proceedings. Importance of Hiring an Experienced Parole Violation AttorneyNavigating parole violation proceedings can be complex, and having the guidance of an experienced parole violation attorney is essential. An attorney who specializes in parole law can assess the case, advise on available defenses, and provide invaluable expertise throughout the process. Consultation and Case EvaluationEngaging an attorney begins with a consultation and case evaluation. During this initial phase, the attorney will review the details of the alleged parole violation, gather relevant information, and discuss potential defense strategies. This consultation helps establish a clear understanding of the case and allows the attorney to provide guidance based on their expertise. Building a Strong Defense StrategyOnce retained, the attorney will work closely with the parolee to build a robust defense strategy. This involves analyzing the evidence, conducting a further investigation if necessary, identifying applicable defenses, and preparing a persuasive case. The attorney will advocate for the parolee’s rights, challenge the prosecution’s evidence, and present strong arguments in support of a favorable outcome. Navigating the consequences of violating parole for the first time can be a daunting and complex process. Understanding the potential outcomes and legal procedures is essential to protect your rights and secure the best possible outcome. This is why seeking the guidance of an experienced parole violation attorney is crucial. If you or someone you know is facing allegations of parole violation, do not hesitate to consult with a knowledgeable parole violation attorney. They will provide quality advice, assess the details of your case, and develop a strong defense strategy tailored to your specific situation. Remember, parole violation cases are serious matters with potential long-term consequences. Taking the proactive step of obtaining legal counsel is essential to protect your rights and future. At The Law Offices of Jason Bassett, experienced Long Island criminal defense attorney Jason Bassett has provided skilled legal defense to parolees who have been alleged to violate the terms of their parole. Led by attorney Bassett, our team can conduct a thorough investigation of your case and help you navigate the legal proceedings with confidence, ensuring your rights are upheld, and increasing your chances of a favorable resolution. To learn more about how we can help you, contact us today at (631) 259-6060 to schedule a consultation. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-happens-when-you-violate-parole-for-the-first-time-on-long-island/ What Happens When You Violate Parole for the First Time on Long Island?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-happens-when-you-violate-parole-for-the-first-time-on-long-island/ Getting charged with a DWI in New York is a serious offense. But there may be some circumstances that may allow charges against you to be reduced to a DWAI. This is when it is critical to have an experienced New York DWI defense lawyer on your side. If you find yourself facing a DWI charge in New York, a Long Island DWI lawyer is here to provide invaluable assistance. At The Law Offices of Jason Bassett, experienced DWI lawyer Jason Bassett can meticulously analyze the details of your case, identifying potential defenses and strategies for reducing the charges. Don’t navigate the complexities of a DWI charge alone. Contact us today at (631) 259-6060 to explore your options in fighting your DWI charge and receive guidance throughout the process. DWI Vs. DWAI — What Is the Difference?A DWI, or Driving While Intoxicated charge, is a misdemeanor that means that you are accused of driving at or over the legal blood alcohol content limit of 0.08%. A DWAI, or driving while ability impaired, is an infraction (and thus not a crime) where a driver is still accused of being impaired but to a lesser extent. A DWI, as a misdemeanor, is a criminal charge, whereas a DWAI, a traffic infraction, will not have the same legal consequences as a DWI. Although there may still be fines and license suspensions associated with a DWAI, they are significantly less than a DWI. How Can a DWI Lawyer Help With My DWI Charge?Your lawyer will investigate every avenue to reduce your DWI charges. Although it can be difficult work, a skilled attorney will help you to make the most of your resources. An experienced Long Island DWI defense lawyer will examine the evidence against you and determine the best way to fight it in a court of law. For instance, a defense lawyer may challenge the results of breathalyzer or blood tests. Or, on the other hand, they may also challenge the testimony of an arresting officer in court. DWI charges are taken seriously by New York State law enforcement officers. A conviction for DWI can lead to a one-year sentence in jail, up to $1,000 in fines, a suspension of your driver’s license for six months, or other more serious consequences. Even though it may seem that any lawyer could defend you against a DWI charge, it is important to work with an attorney who understands the law and knows the court system Seeking the legal advice of an experienced criminal defense lawyer with an extensive track record of success in handling DWI cases can raise your chances of protecting your freedom. If you are looking for a criminal defense attorney in Nassau County Long Island or Suffolk County Long Island, call (631) 259-6060 for a free consultation with experienced DWI attorney Jason Bassett. How You May Have Your DWI Reduced to a DWAI in a Plea DealAlthough getting DWI charges dropped is not always possible, sometimes a DWI can be reduced to a DWAI if a plea bargain can be worked out with the prosecution. This is more likely to happen if there are no other aggravating factors surrounding your case. Particularly if you are a first-time offender with a fairly low reading and no automobile accident, you have a better chance of getting your DWI charges reduced. Having the representation of an experienced DWI lawyer can help you potentially negotiate for a lighter penalty through a plea deal. A plea deal is basically where you will agree to plead guilty to a lesser charge to get the more severe one dropped. This is often done when neither side wants to take the matter to trial. But this can work both ways. Charges may be reduced in some cases, but they can also be elevated to a felony in other cases. A charge may be elevated if you have had prior DWI convictions or if there were other aggravating factors surrounding your arrest. Prosecutors often have latitude when considering a reduction or elevation of charges. In these instances, it’s essential to have the representation of a DWI defense lawyer who is experienced in the county where you have been charged. A lawyer who has experience defending individuals in that county will know the prosecutors and judges and will be better able to negotiate a plea deal understanding the personalities and inclinations of the others involved. Odds of Getting DUI DroppedThe likelihood of getting a DUI (Driving Under the Influence) charge dropped in New York can depend on various factors, including the specific circumstances of the case, the strength of the evidence against you, and the skill of your attorney. Dismissal of a DWI charge is possible under various circumstances.
A Long Island DWI lawyer is your key to increasing the odds of getting your DUI charges dropped. At The Law Offices of Jason Bassett, our DWI lawyer Jason Bassett possesses in-depth knowledge of state laws and experience in the legal system. Our team of legal professionals can build a strong case to protect your interests. Don’t face the consequences alone. Reach out to us today and improve your chances of getting a positive outcome on your case.
The Strength of Your DefenseIt is important to remember that an arrest is not the same thing as a conviction. A conviction will be dependent on the available evidence and the strength of your defense. This is why it is crucial to have a skilled and experienced Suffolk County criminal defense lawyer defending you if you have been charged with a DWI. You may have several defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/ Can a DWI Be Reduced in NY?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/ Here in New York, moving violations result in points against your driving record. This is the state’s way of monitoring offenses and punishing drivers for violations. The number of points you earn for each violation is dependent on the severity and nature of the violation. Once a driver reaches 11 points in an 18-month time period, they will be penalized in fees, higher insurance rates, and, ultimately, a potential suspension of their driver’s license. In the case of a DWI, however, the state of New York does not apply points against your driver’s license. The penalties from a DWI conviction are far more serious than points against your license. While it takes an accumulation of points over a period of time to get a license suspended due to moving violations, a DWI conviction can lead to an immediate suspension or revocation of your license in addition to a criminal record. Any moving violations charged at the time of the DWI will earn points in addition to these penalties. Consequently, if you have been charged with a DWI in New York, it is critical to get the help of a skilled New York DWI attorney to assist in your case as soon as possible. If you have been charged with a DWI on Long Island, it is crucial to get the help of a skilled Long Island DWI attorney to assist in your case as soon as possible. Attorney Jason Bassett ot the Law Office of Jason Bassett can provide you with the guidance needed to navigate the complexities of DWI cases in New York. With his extensive knowledge of the legal system and experience in handling DWI matters, he works tirelessly to build a strong defense and provide quality legal services. If you’re concerned about the aftermath of being charged with a DWI, such as what happens to your license after a DWI, contact us today at (631) 259-6060. Schedule a consultation to learn more about how we can help you. What Are the Penalties of a DWI in New York?Here in New York, there are severe penalties for a DWI conviction. These penalties are not only to punish those who choose to drink and drive but also to set serious examples for others. And for each subsequent offense conviction, penalties become more severe.
While being charged with a DWI in New York is serious, there are defenses available to you if you have the right legal counsel. Rather than face a criminal court alone, you want to have an experienced New York DWI lawyer in your corner.
Driver Violation Point SystemIf you are convicted of a traffic offense, you will be given points on your New York driver’s license. The nature and severity of the violation will determine the number of points. One example is that going no faster than 10 miles per hour is only three points. While going more than 40 miles per hour is eleven points. The majority of violations fall within the range of three to five points. If you accumulate 11 points during 18 months, based on the violation date and not the conviction date, you could face suspension of your license and possibly fines. To avoid suspension, however, you may be able to take the Point and Insurance Reduction Program course. How Many Points to Suspend License in NY?The Department of Motor Vehicles (DMV) in New York has implemented a specific point system to regulate drivers who accumulate multiple traffic violations. While certain offenses can lead to an immediate suspension of the driver’s license, less serious traffic tickets result in the addition of a specific number of points to the driver’s record. If a driver acquires a sufficient number of points within a specified period, they could be subjected to significant fines or even have their license suspended. If the sum of 11 points is accumulated within an 18-month timeframe, the license could be suspended for one month. Although this may not initially seem like a severe consequence, it can hinder one’s ability to fulfill personal and familial responsibilities and commute to work. It is important to note that aside from accumulating 11 points, there are other circumstances that can lead to license suspension. For instance, if a driver receives three speeding tickets within an 18-month period, their license may be immediately revoked, even if the cumulative points do not reach 11. While the citation remains on the driver’s record for up to 3 years, it will no longer contribute points after being on the record for 18 months. Discovering how many points it takes to suspend your license in NY can be critical to safeguarding your driving privileges. When facing these concerns, it is crucial to seek assistance with a Long Island DWI attorney. Experienced DWI attorney Jason Bassett can provide guidance and unwavering support. With an in-depth understanding of New York’s traffic laws, he can protect your best interests and fight for a favorable resolution in your situation. Contact the Law Offices of Jason Bassett to arrange a consultation and take a step towards safeguarding your rights. Driver Responsibility AssessmentDrivers with six or more points on their records, convictions for alcohol or drugged driving-related crimes, or refusal to submit to chemical tests will have to pay a driver liability assessment each year. The type of offense will impact the amount. Drivers with 6 points earned in 18 months or less will be subject to $100 per annum for three years. A driver who earns more points over the 18-month period will have to pay $25 extra each year in fines for each point. Drivers convicted in alcohol or drugged driving-related cases or who refuse a chemical test will have to pay $250 per year for three years. Getting Skilled Professional Help After a DWI Charge in New YorkIn order to prove a case of DWI in New York, the prosecution must prove two important elements: that the defendant was 1) operating a motor vehicle and 2) while operating that motor vehicle, he or she was intoxicated. Although this may seem simple enough to prove, it is not always so clear-cut. And this is when an experienced criminal defense lawyer comes in. Being charged with a DWI is not the same as being convicted of the crime. Depending on the situation and circumstances, you may have several possible defenses. Even if a conviction is unavoidable, with a good criminal defense lawyer there are many ways of mitigating penalties or negotiating for a reduction in charges. A DWI can stay on your record for many years and can have serious long-term consequences. If you have been charged with a DWI or DWAI in New York, contact an experienced DWI defense attorney at the Law Offices of Jason Bassett. Call us at (631) 259-6060 or contact us online for a no-cost consultation. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/how-many-points-is-a-dwi-in-ny/ How Many Points is a DWI in NY?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/how-many-points-is-a-dwi-in-ny/ Facing criminal charges in New York is a serious matter where the stakes are incredibly high. In the courtroom, the government’s representative is a prosecutor. With the power to decide what to charge and what pleas to offer, it can seem like the prosecutor holds a criminal defendant’s very life in their hands. If convicted, a defendant can end up serving a jail term, having to submit to probation or parole supervision, paying heavy fines, and suffering many other personal costs. Simply put, while a prosecutor’s job is supposed to be seeking justice, all too often overzealous prosecutors are only interested in getting a conviction and attempting to get the maximum sentence. So what does the prosecutor do and how can an experienced criminal lawyer help a person facing criminal charges? Formerly a prosecutor and now a Suffolk County criminal defense attorney, Jason Bassett possesses invaluable insights into the inner workings of the prosecution, including plea deal timing. With an unwavering commitment to justice, we can strategically analyze your case, diligently scrutinize evidence, and develop a strong defense tailored to your specific situation. Don’t leave your fate to chance; contact us at (631) 259-6060 today for a confidential consultation and experience the difference a former prosecutor can make in your defense. What Exactly is a Prosecutor?A prosecutor is an attorney who represents the government throughout the criminal justice process, including arraignment, hearings, trials, and appeals. Their objective is to uphold justice, whether that means dismissing the case or imposing appropriate punishment in case of a conviction. A prosecutor can be defined as:
On the other hand, a prosecutor is not:
There are local, state, and federal prosecutors in the United States. In New York, local prosecutors work in District Attorney’s Offices and state-level cases are prosecuted by the N.Y.S. Attorney General’s Office. At the federal level, prosecutors work in one of several U.S. Attorney’s Offices, which are part of the U.S. Department of Justice. Most prosecutor’s offices have specialized bureaus focused on specific areas, such as narcotics, homicide, sex crime, gangs, white-collar crime, domestic violence, etc. When confronted with criminal charges, it is important to have the support of a Suffolk County criminal defense attorney with the necessary experience and insight, especially with regard to how the prosecution works. With strong negotiation skills and courtroom experience, they can advocate for their clients’ best interests and build a robust defense. Contact The Law Offices of Jason Bassett to benefit from the support of a skilled criminal defense attorney who understands both sides of the legal process. What Is The Role Of The Prosecutor?According to the American Bar Association, a prosecutor “should act with diligence and promptness to investigate, litigate, and dispose of criminal charges, consistent with the interests of justice and with due regard for fairness, accuracy, and rights of the defendant, victims, and witnesses.” In New York, a prosecutor’s authority includes the following:
The prosecutor also has the power to offer plea bargains, which can mean a defendant is allowed to plead guilty to a less serious offense and face lesser penalties. All these powers are given to the prosecutor to help ensure that “the justice is done”, and if a prosecutor does their job properly justice should prevail. However, time and time again we have seen examples of prosecutorial misconduct (which can include withholding evidence) and prosecutorial overreaching resulting in defendants being overcharged and facing excessive criminal penalties. Different types of ProsecutorsThere are different types of prosecutors for different levels of government. These prosecutors also prosecute different types of crimes in the country.
What Makes A Former Prosecutor An Excellent Criminal Lawyer?Because of such great power of the prosecutor’s office, an individual charged with a crime might feel like the whole legal system is stacked against them. But a defendant has important legal rights. It is a criminal lawyer’s job to defend those rights throughout every stage of the criminal justice system, including in court during any legal proceedings. Because they know how prosecutors think and act, no one makes a better criminal defense lawyer than a former prosecutor. As a former prosecutor with more than 20 years of criminal law experience, Jason Bassett understands both sides of the courtroom and how to put that knowledge toward getting his clients the best possible outcomes. When facing criminal charges, work with Mr. Bassett, a Top Rated New York criminal defense lawyer from the Law Offices of Jason Bassett. Don’t wait, contact us now at (631) 259-6060. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-does-the-prosecutor-do/ What Does The Prosecutor Do?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-does-the-prosecutor-do/ Driving While Intoxicated (DWI) is a serious offense on Long Island, New York, and breathalyzer tests are a central tool used by law enforcement to enforce DWI laws. Understanding how breathalyzers function and the legal thresholds for blood alcohol content (BAC) can help elucidate the process of DWI charges in this jurisdiction. Navigating the complexities of DWI stops and the subsequent legal processes on Long Island can be a daunting experience. A critical element of such encounters often involves the use of a breathalyzer test to assess a driver’s blood alcohol content (BAC). Understanding the intricacies of how breathalyzer devices function, the potential for errors in their readings, the implications of these results, and what can happen to your license after a DWI charge is essential. It is not just about the science behind these devices; it’s about the intersection of technology, law, and individual rights. If you find yourself facing a DWI charge, the knowledge and assistance of a seasoned attorney can be your most valuable asset. Long Island DWI lawyer Jason Bassett of The Law Offices of Jason Bassett has an extensive track record in handling DWI and breathalyzer-related charges. Attorney Bassett is equipped with an in-depth understanding of the critical nature of a reliable breathalyzer test and how its results can impact your case. Jason Bassett can offer the legal guidance you need and the vigorous defense you deserve. Take control of your situation by reaching out to The Law Offices of Jason Bassett. Let us help you navigate through the legal system with confidence and fight for a fair resolution to your DWI charge. Contact (631) 259-6060 today to schedule a consultation and begin the journey towards protecting your rights and your future. The Role of Breathalyzers in Long Island DWI CasesOn Long Island, as in the rest of New York, police officers use breathalyzers to quickly assess whether a driver is operating a vehicle under the influence of alcohol. These devices estimate the concentration of alcohol in a person’s blood by measuring the amount of alcohol in their breath. If a driver is suspected of DWI, a law enforcement officer may conduct a field sobriety test, followed by a breathalyzer test. The results of a breathalyzer test can be a critical piece of evidence in a DWI case. A reading that indicates a BAC at or above the legal limit can lead to an arrest and subsequent charges. On Long Island, refusing to take a breathalyzer test when lawfully requested by an officer can result in automatic penalties, including license suspension and fines, independent of whether the individual was actually intoxicated. Basic Principles Behind Breathalyzer TechnologyBreathalyzers operate on the principle that there is a direct correlation between the amount of alcohol in one’s blood and the alcohol content in their breath. These devices contain a chemical sensor that reacts with the alcohol in the breath sample, producing an electrical current that is proportional to the concentration of alcohol. This reaction is then converted into a BAC reading. The technology behind breathalyzers has evolved over time, and the devices used by law enforcement on Long Island are designed to provide accurate readings that can withstand legal scrutiny. However, it is important to note that breathalyzer tests are not infallible and can be subject to various errors, including device malfunctions, improper administration, and the presence of substances that may interfere with the results. Legal Blood Alcohol Content (BAC) Limits on Long IslandOn Long Island, as well as the rest of New York State, specific thresholds are set for Blood Alcohol Concentration (BAC) when it comes to operating a motor vehicle. These thresholds vary according to the driver’s age and the type of license they hold:
It’s crucial to recognize that the legal implications of BAC levels are not absolute:
Breathalyzers are a key tool in enforcing DWI laws on Long Island, but they are just one component of the legal process. Individuals facing DWI charges should seek legal counsel to navigate the complexities of the legal system and ensure their rights are protected. The Science of Breathalyzer TestsBreathalyzer tests are a scientific method used by law enforcement agencies, including those in New York, to determine a driver’s blood alcohol concentration (BAC). These tests rely on advanced technology and chemical reactions to provide an immediate estimate of a driver’s alcohol impairment, which is a critical factor in New York’s efforts to combat DWI (Driving While Intoxicated) offenses. How Breathalyzers Detect Alcohol LevelsBreathalyzers are designed to measure the amount of alcohol present in an individual’s breath. The core assumption of this technology is based on Henry’s Law, which states that the concentration of alcohol in the air within the lungs is proportional to the concentration of alcohol in the bloodstream. When a person breathes into a breathalyzer, the device measures the alcohol present in the exhaled breath, which provides an estimate of the individual’s BAC. The Chemical Reaction in Breathalyzer SensorsThe most traditional form of breathalyzer involves a chemical reaction with a chromogenic agent. When the exhaled breath, containing ethanol, passes through the device, it comes in contact with a chemical solution that typically contains potassium dichromate. The ethanol oxidizes the dichromate, changing its color. This color change is measured and correlated with the level of alcohol in the breath, which can then be translated into a BAC value. Infrared Spectroscopy in Modern BreathalyzersModern breathalyzers often employ infrared spectroscopy to detect alcohol levels. This method involves infrared light passing through the collected breath sample. Alcohol molecules absorb specific wavelengths of infrared light, and the breathalyzer measures the amount of light absorbed by the sample. The level of absorption directly correlates with the amount of alcohol present in the breath. This method is non-reactive and is known for its accuracy and reliability. Fuel Cell Technology in Portable BreathalyzersPortable breathalyzers, commonly used in field sobriety tests, often use electrochemical fuel cell technology. In these devices, the alcohol in the breath sample undergoes a chemical oxidation reaction at the surface of a fuel cell, producing protons and electrons. The electrons generate a current that flows through an external circuit from the anode to the cathode of the fuel cell. The strength of this electrical current is directly proportional to the amount of alcohol in the breath sample, and thus to the driver’s BAC. Each of these technologies has contributed to making breathalyzer tests a cornerstone of DWI law enforcement in New York and across the globe. The results of these tests are considered scientifically reliable and are admissible as evidence in court proceedings related to DWI charges. However, it is also recognized that proper calibration and operation are essential to ensuring accurate results from breathalyzer tests. Types of Breathalyzers Used in DWI StopsBreathalyzers are a key tool used by law enforcement in New York to establish a driver’s level of intoxication during DWI stops. There are different types of breathalyzer devices, each serving its unique purpose in the process of determining whether a driver is operating a vehicle under the influence of alcohol. Handheld Breathalyzers for Field Sobriety TestsHandheld breathalyzers, also known as preliminary breath test (PBT) devices, are commonly used during field sobriety tests in New York. These portable devices are designed for use at the roadside to quickly assess a driver’s blood alcohol concentration (BAC). While these devices provide an initial estimate of BAC, the results from handheld breathalyzers are generally not admissible as evidence in court in New York. They are, however, used to establish probable cause for an arrest and to justify a request for a more accurate test at the police station. Stationary Breathalyzers at Police StationsAfter a suspected individual is taken into custody, a more accurate and legally admissible BAC reading is obtained using a stationary breathalyzer at the police station. These devices, known as evidential breath testing (EBT) units, are larger and more sophisticated than handheld units. In New York, the results from EBT units can be used as direct evidence in DWI cases. These breathalyzers are subject to stringent calibration and maintenance protocols to ensure their accuracy and to comply with New York’s regulations and evidentiary requirements. Differences Between Personal and Law Enforcement BreathalyzersPersonal breathalyzers are available for individual purchase and use, which allows people to self-assess their BAC. These devices vary widely in terms of accuracy, features, and price. However, personal breathalyzers are not equivalent to the ones used by law enforcement. The breathalyzers used by New York police are calibrated to meet specific legal standards and are regularly maintained to ensure accurate readings. In contrast, personal breathalyzers may not always be reliable and are not suitable for use as evidence in legal proceedings. It’s important to recognize that while personal breathalyzers might serve as a tool for self-monitoring, they should not be used as the sole basis for making decisions about driving after consuming alcohol. New York State law emphasizes the importance of accurate BAC measurement through approved law enforcement devices to maintain road safety and uphold the legal standards in DWI cases. The Breathalyzer Test ProcedureIn New York, as in other jurisdictions, the procedure for administering a breathalyzer test is governed by legal standards designed to ensure that the results are accurate and reliable. Understanding the process can help individuals recognize their rights and the responsibilities of law enforcement officers during a DWI (Driving While Intoxicated) stop. Preparation Steps Before Taking a Breathalyzer TestBefore administering a breathalyzer test in New York, law enforcement officers are required to follow certain preparation steps:
The Proper Administration of a Breathalyzer TestThe actual administration of a breathalyzer test in New York must adhere to a strict protocol:
Common Mistakes in Breathalyzer Test AdministrationWhile the process is designed to minimize errors, mistakes can occur during the administration of a breathalyzer test. Some common errors include:
These and other procedural guidelines must be adhered to for the integrity of the breathalyzer test results. In New York DWI cases, the defense may question the validity of the breathalyzer test if they believe that these procedures were not properly followed, potentially affecting the outcome of the case. Factors Affecting Breathalyzer AccuracyBreathalyzer tests are a common method for determining a driver’s level of intoxication, but their accuracy can be affected by several factors. Understanding these factors is crucial in the context of New York DWI laws, where breathalyzer evidence can significantly impact the outcome of a case. The Impact of Breathalyzer Calibration ErrorsCalibration is critical to the accuracy of breathalyzer devices. A properly calibrated breathalyzer is adjusted to ensure that it provides accurate readings. In New York, the law requires regular calibration and maintenance of these devices to prevent errors. If a breathalyzer is not calibrated according to the set schedule or manufacturer’s guidelines, the results may be inaccurate, potentially leading to wrongful DWI charges. Defense attorneys often scrutinize calibration records as part of their case review. Physiological Factors That Can Skew Breathalyzer ResultsVarious physiological factors can influence the BAC readings of a breathalyzer test, including:
External Factors That May Affect Breathalyzer ReadingsExternal factors unrelated to the individual’s actual BAC can also impact breathalyzer accuracy:
How Diet and Medical Conditions Influence Breathalyzer TestsCertain diets and medical conditions can also affect the results of a breathalyzer test:
In New York DWI cases, if it is believed that a breathalyzer test was affected by one or more of these factors, it may be contested in court. Accurate breathalyzer results are essential for a fair judicial process, and the recognition of these influencing factors is critical when considering the weight of breathalyzer evidence. Legal Implications of Breathalyzer ResultsBreathalyzer results are a central piece of evidence in DWI cases throughout New York, including Long Island. These results can have significant legal implications, influencing everything from the charges a defendant might face to the potential penalties upon conviction. Using Breathalyzer Evidence in Long Island DWI CasesA breathalyzer test result that shows a blood alcohol concentration (BAC) of 0.08% or higher is a key determinant in charging a driver with DWI. A BAC of 0.18% or higher can lead to a charge of Aggravated DWI, which carries more severe penalties. The evidence from a breathalyzer test is admissible in court and can be used by the prosecution to demonstrate that a driver was operating a vehicle while above the legal limit for alcohol consumption. The accuracy and reliability of the breathalyzer reading, as ensured by proper calibration and administration, are critical for the prosecution’s case. Challenging Breathalyzer Results in CourtDefense attorneys on Long Island may challenge breathalyzer results for a variety of reasons:
Successfully challenging the breathalyzer results can lead to them being excluded from evidence or given less weight by the court, which can greatly impact the outcome of the case. Breathalyzer Test Refusal and Legal Consequences on Long IslandUnder New York’s “implied consent” law, drivers are deemed to have consented to a chemical test for alcohol if they are arrested for suspected DWI. Refusing to submit to a breathalyzer test on Long Island can lead to immediate penalties, regardless of whether the individual is subsequently found guilty of DWI. Consequences of refusal include:
It is important for drivers on Long Island to understand these legal implications and to make informed decisions. However, the rights of the accused, including the right to challenge the evidence against them, remain a fundamental part of the legal process in DWI cases. Defending Your Rights Against DWI Charges: Skilled Legal Assistance from Long Island DWI Attorney Jason BassettUnderstanding the mechanics and potential pitfalls of breathalyzer technology is a pivotal aspect of defending against a DWI charge. Knowledge is power, particularly when that knowledge pertains to the devices determining the legal ramifications of a traffic stop for suspected drunk driving. Breathalyzer tests, while scientifically grounded, are not infallible and require a critical eye to ensure their readings are both accurate and legally sound. When faced with the daunting prospect of a DWI charge on Long Island, the guidance of an adept legal professional like Jason Bassett becomes invaluable. As a seasoned DWI lawyer at The Law Offices of Jason Bassett, he possesses the necessary skill to navigate the intricacies of breathalyzer evidence and to advocate for the preservation of your rights. If you or someone you know is grappling with the complexities of a DWI charge, remember that the right legal counsel can make all the difference. Contact The Law Offices of Jason Bassett and arm yourself with a robust defense that scrutinizes every piece of evidence, including breathalyzer data, to protect your freedom and your future. Call (631) 259-6060 today and secure the representation you deserve. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/how-does-a-breathalyzer-work/ How Does a Breathalyzer Work?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/how-does-a-breathalyzer-work/ When driving on any road, it’s crucial for individuals to be aware of the laws that govern their conduct. One of the most significant, yet often misunderstood, is New York’s implied consent law. This law has far-reaching implications for anyone who gets behind the wheel and could profoundly affect you if you are charged with a DWI. Understanding the ins and outs of the implied consent law is vital. It not only helps you make informed decisions if you are ever suspected of DWI, but it also prepares you to handle the legal challenges that could arise from a refusal to take the chemical test. If you have been charged with a DWI in New York, top-rated Long Island DWI attorney Jason Bassett is here to provide the skilled representation and clear guidance you need during this critical time. Jason Bassett has a deep understanding of New York DWI laws and a proven track record of successfully defending clients in situations similar to yours. He can walk you through the complexities of the implied consent law alongside the potential costs of a DWI conviction in addition to providing detailed information about the differences between DWI and DUI charges in New York. He can help you navigate the complexities of the implied consent law, formulate a strong defense strategy, and protect your rights every step of the way. The sooner you act, the more options you’ll have for building a robust defense. Schedule a consultation with Jason Bassett today and gain the peace of mind that comes from knowing you have a seasoned DWI attorney in your corner. To learn more about how we can help. call the Law Offices of Jason Bassett, P.C. at (631) 259-6060. Experienced Long Island DWI Attorney Jason Bassett Discusses the Implied Consent LawThe implied consent law in New York is a legal statute that requires motorists within the state to consent to sobriety testing if they are arrested on suspicion of driving while intoxicated (DWI) or driving under the influence (DUI). Under this law, the act of operating a vehicle while on a public road serves as implied consent to submit to a chemical test to determine the driver’s blood alcohol content (BAC) level. The primary purpose of the implied consent law is to deter drunk driving and enhance road safety. By making chemical testing a condition of driving, the law aims to discourage individuals from getting behind the wheel while under the influence of alcohol or drugs. Implied consent laws also serve to aid law enforcement and prosecutors in obtaining evidence of a driver’s impairment. This evidence can be crucial in DUI/DWI cases, helping to secure convictions and enforce penalties that further serve as a deterrent to drunk driving. It’s important to note, however, that while the implied consent law facilitates the testing process, it doesn’t eliminate a driver’s legal rights. Those suspected of drunk driving are still entitled to legal representation and the right to defend themselves in court. When Does the Implied Consent Law Apply in New York?If you are operating a motor vehicle in New York, you have implicitly agreed to abide by the state’s implied consent law. This agreement holds regardless of where your driver’s license was issued. So, even if you’re just passing through, or you’re a tourist, if you’re a driver on the road in New York, the implied consent law applies to you. Implied Consent in DWI InvestigationsImplied consent plays a significant role in the process of DWI investigations in New York. It covers everything from the moment an officer suspects a driver may be impaired to the administration of chemical tests. Let’s look at this process in detail. Traffic Stops and Suspicion of DWIA DWI investigation typically begins with a traffic stop. Law enforcement officers might pull a vehicle over for a variety of reasons – it could be for a minor traffic violation, erratic driving behavior, or a routine DWI checkpoint. If an officer suspects that the driver is under the influence of alcohol or drugs due to observed signs of impairment, this can lead to a DWI investigation. During the traffic stop, the officer will observe the driver for signs of impairment. This might include the smell of alcohol, slurred speech, bloodshot eyes, or difficulty retrieving documents like a driver’s license or vehicle registration. These observations can provide the reasonable grounds needed to initiate a DWI investigation. Standardized Field Sobriety TestsIf an officer suspects that a driver is impaired, they may ask the driver to perform field sobriety tests. These are physical tests designed to assess a driver’s level of impairment, such as the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. These tests can provide additional evidence of impairment and justify the administration of chemical tests under the implied consent law. It is important to note that doing the field sobriety test is not covered under the implied consent law in New York and drivers have no legal obligation to perform these tests. Types of Chemical TestsIf an officer has reasonable grounds to believe a driver is impaired, they can request the driver to submit to a chemical test under the implied consent law. These tests typically involve testing the driver’s blood, breath, urine, or saliva to determine the level of alcohol or drugs in the driver’s system. The Role of Implied Consent in Breathalyzer TestsUnder New York’s implied consent law, if an officer requests a breathalyzer test (a type of chemical test), the driver is expected to comply. The breathalyzer device measures the amount of alcohol in the driver’s breath, which can be used to estimate the blood alcohol concentration (BAC). Refusal to take a breathalyzer test can lead to immediate license suspension and other penalties, regardless of whether the driver was actually impaired. This is one of the crucial aspects of the implied consent law – the automatic consequences that arise from a refusal to submit to testing.
Consequences for Refusing a Chemical Test Under Implied ConsentWhile the implied consent law in New York does require drivers to submit to chemical testing when lawfully arrested for suspected drunk driving, you do have the right to refuse these tests. However, refusal comes with serious consequences that can have a lasting impact on your driving privileges. In New York, if you refuse to take a chemical test (breath, blood, urine, or saliva), your driver’s license can be immediately suspended. This suspension is automatic and happens right at the moment of your refusal. The officer will confiscate your driver’s license and issue a temporary driving permit that’s valid until your hearing on the refusal. Following a Refusal Hearing at the DMV, your ability to gain a conditional license can be revoked if the suspension is upheld. The duration of the suspension of your driving privileges depends on your history of refusals and convictions for drunk driving.
If you refuse chemical testing multiple times, or if you have a previous DWI conviction, you could face not only lengthier revocation periods but also the possibility of permanently losing your driving privileges in New York. The state takes a hard stance against repeat offenders, and the penalties reflect that philosophy. Choosing whether or not to submit to a breathalyzer or other forms of chemical testing after a DWI/DUI arrest can be a challenging decision. A failed test would most likely lead to a conviction for drunk driving. Conversely, a refusal could potentially lessen the amount of evidence against you, but it comes with its own set of consequences. It’s also important to note that even without a definitive Blood Alcohol Content (BAC) test result, you can still be charged and potentially found guilty of drunk driving. According to New York law, your decision to not submit to a test can be used as evidence against you during DWI/DUI criminal proceedings. This means that refusal doesn’t necessarily protect you from a conviction. In such a complex situation, understanding the various risks and repercussions is crucial in making the most informed decision. The Chemical Tests Under Implied ConsentFollowing an arrest for suspected DUI/DWI in New York, law enforcement may administer several types of chemical tests to determine the level of alcohol or drugs in your system. This falls under the purview of the implied consent law. Here’s what you should know about these tests. Breath TestA breath test, often administered using a device known as a breathalyzer, is the most common type of test used in DUI/DWI investigations. The device measures the amount of alcohol in your breath, which is then used to estimate your blood alcohol concentration (BAC). Breath tests are non-invasive and provide quick results, but they must be administered correctly to ensure accurate results. Blood TestA blood test provides the most accurate measurement of the amount of alcohol or drugs in the driver’s system. This test involves drawing a sample of blood and sending it to a lab for analysis. While this test is more invasive and results take longer to obtain, its accuracy makes it a powerful piece of evidence in court. However, because it is more invasive, it is typically used in serious cases, such as those involving accidents or injuries. Urine TestA urine test may be used to detect the presence of alcohol and drugs in a driver’s system. This test is less common for alcohol detection as it’s considered less accurate than breath and blood tests. However, it can be more effective in detecting the presence of certain drugs. Like the blood test, a urine test involves sending the sample to a lab for analysis, so results are not immediately available. Limited Grounds to Refuse Chemical TestingWhile the implied consent law in New York generally requires drivers to submit to chemical testing when lawfully arrested for a DWI, there are very limited grounds under which a driver can refuse such a test without facing penalties. Here, we will cover these exceptions. Medical Inability to Take the TestIn some cases, a medical condition may prevent a driver from being able to take a certain type of chemical test. For example, a person with a respiratory condition may be unable to provide a sufficient breath sample for a breathalyzer test. In such cases, the driver should inform the officer of their medical condition. The officer may then decide to administer a different type of test. No Miranda/Constitutional Rights to RefuseContrary to what some people believe, there is no constitutional or Miranda right to refuse a chemical test under the implied consent law. The U.S. Supreme Court has upheld the constitutionality of implied consent laws, stating that driving is a privilege that comes with certain conditions. Therefore, a refusal cannot be justified on the basis that the driver was not read their Miranda rights before being asked to submit to a test. Confusion about Consent is Not GroundsAnother common misconception is that a driver can refuse a test because they were confused or did not understand what was being asked of them. However, confusion or misunderstanding about the implied consent law is generally not considered a valid reason to refuse a test. In New York, when a driver is asked to submit to a chemical test, the officer is required to inform them of the consequences of refusal. Therefore, a lack of understanding is unlikely to be accepted as a valid reason for refusal. Requesting an Additional Chemical TestIn some cases, after law enforcement has administered a chemical test, a driver may wish to have an additional test performed. This can be an important part of building a defense in a DWI case. Here’s what you should know. Right to Additional Test at Own ExpenseIn New York, if you have been arrested for a DWI and have undergone a chemical test administered by law enforcement, you have the right to request an additional independent test. This test is to be performed by a medical professional of your choosing and is at your own expense. This additional test can provide a second set of results that may be used in your defense. Must be Done Promptly after Initial TestIf you choose to have an additional test performed, it’s important to understand that this test must be done promptly after the initial test. This is because the level of alcohol or drugs in your system can change over time. The more time that passes between the two tests, the less reliable the comparison between the results will be. Results Can be Used to Challenge Initial TestThe results of an independent test can be used in court to challenge the accuracy of the initial test performed by law enforcement. For example, if the independent test shows a significantly lower level of alcohol or drugs in your system than the initial test, this could raise questions about the accuracy of the initial test or the procedures used to administer it. However, it’s important to note that the results of an independent test can also potentially strengthen the prosecution’s case if they are consistent with the results of the initial test. Hearings and Suspension Appeals Related to Chemical Test RefusalIf your license has been suspended due to refusing a chemical test under New York’s implied consent law, there are specific procedures to challenge this suspension. It’s important to understand these steps, as well as the limited grounds on which an appeal can be made. Hearings to Challenge License SuspensionAfter a refusal to submit to a chemical test, a hearing will be scheduled in the DMV. This hearing is separate from any criminal proceedings related to a DWI charge. At the hearing, the judge will consider whether the police officer had reasonable grounds to believe you were driving under the influence, whether you were lawfully arrested, whether you were informed of the consequences of refusal, and whether you actually refused the test. Limited Grounds for AppealThe grounds on which you can appeal a suspension for refusing a chemical test are limited. Generally, you would need to demonstrate that the officer did not have reasonable grounds to believe you were driving under the influence and that your arrest was unlawful. Procedures and Time LimitsIt’s crucial to act promptly when seeking to challenge a license suspension for refusing a chemical test. In New York, you have a limited amount of time to request a hearing after your arrest. If you miss this deadline, you could lose your right to a hearing and your license will be suspended. It’s strongly recommended to work with a lawyer who is familiar with DWI laws and procedures to ensure that your rights are protected. Other Consequences of Refusing a Chemical TestRefusing a chemical test in New York under the implied consent law can have significant consequences beyond immediate license suspension. The refusal can impact your DWI case and potentially lead to increased charges or penalties. Here’s a closer look at these consequences. Refusal Can Be Used as Evidence in DWI CaseIf you refuse a chemical test, that refusal can be used as evidence against you in a DWI case. The prosecution may argue that your refusal indicates consciousness of guilt, suggesting that you refused the test because you knew you were impaired. This can make it more difficult to defend against a DWI charge. Possibility of Increased Charges/PenaltiesIn addition to being used as evidence against you, a refusal can also lead to increased charges or penalties. If you are convicted of a DWI, the fact that you refused a chemical test could be considered an aggravating factor, leading to a harsher sentence. This might include a longer license suspension, higher fines, or even a longer jail sentence. Furthermore, a refusal can lead to a separate charge of “refusal to submit to a chemical test,” which carries its own penalties. How an Experienced Long Island DWI Attorney Can HelpA skilled Long Island DWI attorney can play a crucial role in helping individuals charged with a DWI understand the nuances of the implied consent law in New York. Here are some key ways an attorney can assist: Clarifying Legal Rights and ProceduresA skilled attorney can provide clear explanations about an individual’s rights under the implied consent law, the procedures involved, and the potential consequences of refusing a chemical test. They can help clients understand why they might be asked to submit to a chemical test, what the results could mean for their case, and what options they have if they choose to refuse the test. Formulating a Defense StrategyIf a client has refused a chemical test, a seasoned DWI attorney can help them understand the potential legal repercussions and assist in formulating a defense strategy that considers this refusal. The attorney can thoroughly analyze the case, identify any potential weaknesses in the prosecution’s evidence, and construct a strong defense strategy accordingly. Preparing for Refusal HearingsA skilled attorney can help ensure clients are prepared for hearings related to license suspensions following a chemical test refusal. They can guide clients through what to expect at the hearing, the types of questions they might be asked, and the best way to present their case. Additionally, an experienced Long Island DWI attorney can also assist throughout the process of defending against the DWI charge itself and build a strong strategy tailored to their client’s case. Assisting with AppealsIf the initial hearing does not go favorably, an attorney can assist with the appeal process. They can help clients understand the limited grounds on which they can appeal and navigate the strict procedural timelines that apply to ensure all deadlines are met. A DWI charge can have serious consequences. A skilled Long Island DWI attorney can help individuals fully understand the charges against them, provide strong legal advocacy, and assist clients in navigating the complex DWI laws in New York. Call Top-Rated Long Island DWI Attorney Jason Bassett TodayIf you or a loved one has been charged with a DWI on Long Island, New York, and are facing legal issues regarding the implied consent law, seek legal guidance from a seasoned professional. Jason Bassett, a top-rated Long Island DWI attorney, is here to provide the experienced legal advice and representation that you need. With extensive knowledge and experience in New York DWI law, Attorney Bassett can help you understand your rights, the charges against you, and the complexities of the implied consent law. He can provide crucial guidance, build a strong defense strategy tailored to your unique circumstances, and stand by your side throughout the entire legal process. The consequences of a DWI charge can be severe, but with the right legal support, you can fight for the best possible outcome. Contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 to schedule a consultation and take the first step towards protecting your rights and building a robust defense. Your peace of mind and future depend on it. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/unpacking-new-yorks-implied-consent-law/ Unpacking New York’s Implied Consent Lawvia Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/unpacking-new-yorks-implied-consent-law/ Criminal terms are often used one way in common everyday language, but under the law, they can mean something different (or at least have a very specific, distinct meaning). As an experienced robbery lawyer, it is my job to understand the legal nuances of criminal charges and what each means for you if you have been accused of a crime in New York. If you are facing charges related to a robbery in New York, it is crucial to understand the legal definition of this offense. At the Law Offices of Jason Bassett, experienced Long Island robbery lawyer Jason Bassett, has a deep understanding of New York State’s criminal laws and will provide you with strong legal representation. Contact us today at (631) 259-6060 to discuss your case and protect your rights. What is the Difference Between Theft and Robbery in New York?The terms “theft” and “robbery” are often used interchangeably in conversation however, they have very different legal definitions under New York law. Whereas theft means that property has been taken from a rightful owner, robbery is generally defined as the taking of property by the use of physical force or the threat of force. Strong Armed Robbery DefinitionAs per the provisions of the New York Penal Law, there exist three separate categories of robbery offenses, namely third-degree robbery, second-degree robbery, and first-degree robbery. All of these offenses involve the act of forcefully taking someone’s property. However, the severity of the charge increases if certain factors are present, such as the use of a weapon, physical injury to the victim, or assistance from another person. Robbery in the First Degree (N.Y. Penal Law § 160.15)The most severe accusation is first-degree robbery, which is applicable when a robbery occurs and satisfies any of the subsequent conditions:
Robbery in the Second Degree (N.Y. Penal Law § 160.10)Robbery in the second degree is applicable when committing the act of forcefully taking someone’s property while being aided by another person present during the robbery. This is known as accomplice liability. Robbery in the second degree also applies if a gun or firearm is displayed, or if physical injury is caused to the victim or a third party. Additionally, stealing a vehicle automatically results in at least a charge of robbery in the second degree. A firearm encompasses pistols, revolvers, rifles, shotguns, and machine guns. Robbery in the Third Degree (N.Y. Penal Law § 160.05)Robbery in the third degree is charged when, during the act of larceny, physical force or the threat of physical force is used to prevent the victim from resisting or to compel them to hand over the property. If you are charged with robbery in New York, it is important to consult a Long Island robbery lawyer who is knowledgeable about the intricacies of the New York Penal Law and experienced in defending against robbery charges. The Law Offices of Jason Bassett can assess the evidence against you, develop a strategic defense strategy, and advocate for your rights in court. Get in touch with us now to arrange a free consultation. Three Degrees of RobberyRobbery is considered a felony under New York law and is broken down into three degrees, each a different level of the crime with its own punishments and consequences.
While any degree of robbery is serious and carries significant prison time, Robbery in the First Degree carries the most significant penalties and can impact an individual for the rest of their lives, even if it is the first offense.
Robbery Defense Strategies and Legal JustificationsIn criminal defense, those accused of robbery have several strategies to assert their innocence or reduce their culpability. When facing such charges, it is paramount to undermine the prosecution’s case, which bears the burden of proving guilt beyond a reasonable doubt. Defendants can cast doubt via alibis or by challenging evidence like eyewitness accounts or surveillance footage. Intoxication as a defense takes two forms: involuntary, which absolves individuals if they can prove intoxication without their consent, and voluntary, which is more complex. Although not universally accepted, voluntary intoxication may mitigate liability in some jurisdictions by questioning the defendant’s capacity to form the specific intent necessary to commit robbery. Entrapment is another potential defense but is challenging to establish. It requires showing that the defendant was induced by law enforcement to commit a robbery they would not have otherwise attempted. However, if the defendant was already inclined to commit the crime, this defense typically fails. Lastly, duress is a defense used when the defendant commits robbery under the threat of immediate force, serious bodily injury, or death. This defense hinges on the credibility of the threat and the lack of a reasonable opportunity to escape the situation without complying. Each defense is nuanced and requires careful legal examination. The success of these strategies heavily relies on the specific circumstances of the case and the jurisdiction in which the charges are brought. The Seriousness of a Robbery in the First-Degree ChargeIf you are accused of stealing from someone while using or displaying a deadly weapon or other dangerous instruments, or having caused serious physical injury while robbing someone, you will be charged with Robbery in the First Degree. As the most serious and violent of all robbery charges, it carries the most severe penalties. For a first-time offender with no prior felony convictions, a conviction of Robbery in the First Degree will carry a minimum sentence of 5 years in state prison. Depending on the nature of a record of prior felony convictions, the minimum sentence can increase to either 8 or 10 years. Regardless of any criminal history, the maximum sentence is 25 years in state prison. In addition, the Court can order a person convicted of robbery to pay a fine and/or restitution. Have You Been Mistakenly Identified?Criminal prosecutors take robbery charges very seriously. Unfortunately, arrests can be riddled with mistakes. There are times when an individual is falsely accused, charged, and even convicted of robbery. This can sometimes happen even though they were never found in possession of stolen property or a weapon and do not even match the description of the robber. Particularly when a robbery involves multiple people, the police sometimes arrest and charge someone who just happens to be in the immediate vicinity but in fact was just an innocent bystander. Further complicating matters the fact that eyewitness identifications can be highly flawed, especially in cases of robbery. A witness may mistakenly identify someone as the perpetrator of a robbery even when that person didn’t commit the crime. Mistaken identifications can lead to wrongful accusations and convictions. DefensesOne defense to a first-degree charge of robbery would be that you did not possess a deadly weapon or dangerous instrument. The statute provides very clear definitions of deadly weapons and dangerous tools. A prosecutor may find it difficult to convince the court that a weapon is dangerous or deathly if the victim was threatened by a non-serrated dull-edged knife. But, even if the victim is convinced that you have a deadly tool, they could still be prosecuted. SentenceRobbery of the first degree, a class B felon, is subject to a maximum 25-year sentence. The judge will consider your prior criminal records and any aggravating, or mitigating aspects of your robbery. A judge may still sentence you to 5 years imprisonment even if you have not been convicted of any offenses in your past. Because assault in the first degree is also a violent felony, A court must sentence you to at minimum 8 years if your classification is non-violent. You will not be allowed to be convicted if your classification is violent. Related Collateral And Offenses IssuesA misunderstanding that becomes physical can lead to a misdemeanor theft offense like Petit Larceny becoming a felony Robbery. However, skilled criminal lawyers representing clients in such arrests routinely find clients facing additional charges, including assault, Grand Larceny, and Criminal Possession of Stolen Property. No matter what degree of robbery you have been charged with, it is an extremely serious charge and can carry prison time. If you have been charged with robbery in New York, you need a skilled robbery lawyer to ensure that you get an experienced and talented legal defense. Contact the law firm of Jason Bassett Criminal Attorney for a free consultation to understand your legal rights. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-is-robbery-under-new-york-state-law/ What is “Robbery” Under New York State Law?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-robbery-under-new-york-state-law/ The theft-related crimes defined by New York State law as “Larceny” can be difficult to navigate. Here are several things you should know when it comes to theft charges. Larceny crimes are classified as Petit or Grand. If convicted of either Petit or Grand Larceny, the penalties in NY are severe. This is why it is crucial to bring your case to an experienced Suffolk County criminal defense attorney. Call Jason Bassett for a free consultation today at (631) 259-6060. What Is A Larceny Offense Under New York State Law?New York Penal Law defines Larceny as an allegation of depriving someone of property. The law says that personal property is anything valuable. Therefore, while “property” often means money or possessions it can also include personal data. Such a broad definition of property makes interpreting Larceny a bit tricky. The context of “depriving” is also wide and can mean not only taking but also disposing of property. Therefore one can be charged with Larceny even if they do not keep the alleged goods. To be charged with Larceny one does not necessarily have to directly steal something from someone else. Penal Law Article 155.05 defines embezzlement, gaining property through fraudulent schemes, or even keeping possession of lost belongings as theft. To gain more clarity on this matter contact highly regarded criminal defense lawyer Jason Bassett. How Is Petit Larceny Defined In New York?The first and easiest type of Larceny is Petit (petty) Larceny. This is a Class A misdemeanor with a punishment of up to a year in jail for property theft where the value is estimated below $1,000. Petit Larceny is one of the simplest theft charges. Still, do not take this type of larceny lightly, and do not hesitate to reach out to us in case you have any questions. What Is Grand Larceny In NY?Grand Larceny is a more serious theft type. It can be punished with up to twenty-five years in prison and solid fines. Grand Larceny has four degrees which vary greatly based on the value and the type of the stolen property. Four years in prison is the maximum term for a Grand Larceny in the Class “E” felony when the stolen property value raises above $1,000. It is the lowest class felony but is still seen as a serious crime by NY law.
Understanding Sentencing Guidelines for Petit and Grand LarcenyUnderstanding the sentencing norms for both petit and grand larceny in New York is critical for individuals engaged in these legal issues. Petit larceny pertains to the theft of items valued at $1,000 or less and is categorized as a Class A misdemeanor. A conviction can lead to a maximum of one year of incarceration, though imprisonment is not mandatory. Alternative penalties may include probation, community service, or fines. For thefts involving property under $100, the prosecution may opt for an adjournment in contemplation of dismissal (ACD), potentially resulting in the dismissal and sealing of the case after six months, thus circumventing a lasting criminal record. When the value of the stolen property exceeds $1,000, the offense escalates to grand larceny in the fourth degree, a Class E felony. Conviction may impose a prison term of up to four years, but like petit larceny, incarceration is not inevitable. Offenders without a history of felony convictions might be eligible for alternative sentencing such as probation or community service. However, individuals with a recent felony conviction face a mandatory minimum sentence of 1.5 years. Frequently, larceny charges coincide with accusations of criminal possession of stolen property. For instance, holding stolen goods worth less than $1,000 can lead to a charge of criminal possession of stolen property in the fifth degree, a Class A misdemeanor aligning with penalties for petit larceny. Conversely, possession of items valued over $1,000 elevates the charge to criminal possession of stolen property in the fourth degree, a Class E felony, potentially incurring up to four years of imprisonment. These sentencing frameworks highlight the importance of seeking legal counsel, as the consequences of a larceny conviction can have far-reaching effects, potentially impeding future job prospects due to the creation of a criminal record. Determining the Value of Stolen Property in a Larceny ChargeThe value of a property stolen in a Grand Larceny or Petit Larceny scheme refers to the market value of the said property at the time of the crime. If the value is not able to be determined, then the value will be calculated according to the cost of the replacement value. New York Penal Law 155.20 allows additional avenues to determine the cost of the stolen property. If the value of the property is not able to be determined, the law allows a default value of $250. Since value is directly linked to the possibility of the individual being charged or arrested, it is important to seek an experienced legal representative. A skilled legal counsel can help contest the legal basis for the valuation. Petit Larceny and Grand Larceny both are acts of “moral turpitude” which can cause serious consequences and significant impact on a person’s life. These consequences also have the potential to linger on for many years. Criminal defense lawyer Jason Bassett has extensive experience in representing those charged with larceny. Let us help you choose the best defense strategy if you’ve been arrested for a Petit or Grand Larceny. Contact the offices of Jason Bassett Criminal Attorney for a free consultation. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/what-is-the-difference-between-petit-and-grand-larceny-in-new-york/ What Is The Difference Between Petit And Grand Larceny In New York?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-the-difference-between-petit-and-grand-larceny-in-new-york/ |
ABOUT USJason Bassett Criminal Attorney and his law firm are dedicated to protecting the rights of individuals who have been accused, arrested, and charged with a crime. As a highly-experienced Long Island criminal lawyer, Jason Bassett aggressively defends clients at both the State and Federal levels and zealously advocates for his clients’ rights in and out of court. If you are looking for a DWI lawyer, murder and homicide lawyer, federal crimes defense lawyer or a medical license defense attorney, contact Jason Bassett for a free consultation today. FIND US ONLINE Bitly Box Diigo DropBox Evernote Postach.io Inoreader Instapaper Nimbus OneDrive OneNote Raindrop Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Google Map GMB Yelp Avvo Justia Related Links About.me Behance.net Dribbble.com Taplink.cc Gravatar.com Carrd.co Minds Justpaste Issuu Linktr.ee Solo.to Newsblur Alltop Feedly Feeder Feedspot Feedspot Archives
April 2023
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