Any time you are charged with a crime, the matter should not be taken lightly. There are many things at stake, including your liberty, your job, and your family. That is why if you have been arrested or indicted on criminal charges in New York or New Jersey, you need the experience of a criminal defense law firm such as Rosenblatt Law PC on your side.
Started by a former assistant district attorney, Rosenblatt Law PC provides trial-tested legal experience to those in need of a criminal defense attorney. With over 20 years of legal experience in New York and New Jersey, Raphael Rosenblatt represents clients in a variety of criminal cases, from simple assault to white-collar crimes. He also represents clients in business and commercial litigation matters. Attorney Rosenblatt’s philosophy is innocence until proven guilty, and Rosenblatt Law PC treats all clients with the respect and dignity they deserve.
Criminal Offenses
Criminal offenses are generally divided into three categories: crimes against people, property crimes, and drug crimes.
Crimes against people are crimes that cause harm or serious injury to a person. These include murder, manslaughter, assault, battery, and sexual assault. Punishment for crimes against a person is usually, depending on the harm done, most severe.
What are crimes against a person?
- Homicide: the taking of another’s life. Homicide is usually divided into two categories, first- and second-degree homicide.
- First-degree homicide: the intentional taking of a life of another person with planning or malice aforethought. Also known as premeditated murder.
- Second-degree homicide: the intentional taking of the life of another person without pre-planning or in the heat of the moment.
- Felony Murder: a murder that results from the commission of another felony, including arson, burglary, carjacking, kidnapping, robbery, sexual assault, or terrorism.
- Manslaughter: when the death of a person results from negligent or irresponsible behavior of another. Manslaughter usually occurs in three forms: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter.
- Voluntary manslaughter or first-degree manslaughter: when the death of a person results from extreme indifference for human life.
- Involuntary manslaughter or second-degree manslaughter: when the death of a person results from reckless behavior.
- Vehicular manslaughter: when a death results from reckless driving.
- Assault: the attempt to cause, or knowingly or recklessly causing bodily injury to another.
- Sexual assault: sexual assault generally means rape but can also reference other crimes such as inappropriate touching.
Property crimes are any crimes that involve property that belongs to another. These crimes include theft or larceny, burglary, trespassing, and financial crimes.
What are Property Crimes?
- Theft or larceny: the intentional taking of property belonging to another. Punishment for charges for theft or larceny vary depending on the value of the property taken. Theft or larceny also includes shoplifting.
- Arson: the intentional burning of a building or structure.
- Burglary: the breaking and entering of a structure belonging to another with the intent to commit a felony inside. Burglary is often linked to larceny as the purpose is usually to steal property.
- Trespassing: entering the property belonging to another without permission.
- Financial crimes: crimes related to acquiring funds or using the funds of another to obtain property. Examples include identity theft, credit card fraud, check fraud and white-collar crimes such as embezzlement.
Drug crimes are crimes that involve the use or sale of controlled substances. Controlled substances are a list of natural and chemically manufactured substances that are either outright banned or permitted to be used only by prescription. Examples of controlled substances include marijuana (in some states), cocaine, methamphetamine, and opioids such as heroin. Drug crimes include possession of controlled substances, the use of controlled substances, and the possession of controlled substances for sale.
Classification of Criminal Charges
In New York, criminal charges are broken up into two types: misdemeanors and felonies. In New Jersey, less serious offenses are called disorderly person offenses or petty disorderly persons offenses, and more serious crimes are called indictable crimes. As New Jersey law would suggest, disorderly persons offenses and petty disorderly persons offenses are not crimes and generally involve punishment of not more than six (6) months in jail. Examples of disorderly persons offenses include vandalism, simple assault, minor shoplifting, and disorderly conduct. Some traffic offenses (such as DWI) provide for periods of incarceration and loss of license, even though they are not technically criminal conduct.
Felonies, or indictable crimes, are more serious and generally result in a prison sentence of one year or more. Examples of felonies include murder, sexual assault, arson, and battery.
Whether a felony, misdemeanor, indictable crime, disorderly or petty disorderly persons offense, or a traffic offense, a conviction of any of these things may appear on a person’s criminal record or show up in background checks. As a result, it is imperative in any criminal matter to obtain assistance from an experienced and qualified criminal defense attorney.
Consequences of a Criminal Conviction
In addition to prison time, being convicted of a crime comes with other serious consequences, such as fines and restitution, probation, loss of certain rights, and in some cases, being labeled a felon.
Fines
Criminal courts in New Jersey can order payment of fines of up to $200,000 for first degree felonies or indictable offenses while New York fines can be as heavy as $100,000 for first-degree felonies.
Probation
In addition to serving jail time, criminal sentences can include probation after a jail sentence. Probation is a supervisory program that monitors a person’s behavior and activities after release from prison. Probation requires routine check-ins with a probation officer who monitors, among other things, employment, living situations, and drug and alcohol use.
Loss of Rights & Felony Label
Both New York and New Jersey prevent convicted felons from voting, serving on a jury, or running for public office. There are also limitations on gun ownership for persons who have been convicted of crimes. Additionally, those convicted of sexual offenses often must register as a sex offender, which limits places they can live, locations they can work or visit, and with whom they can associate.
Being a convicted felon makes it difficult to earn a living and participate in many normal activities. Most employers require applicants to state whether they have ever been convicted of a felony, which may preclude many candidates from getting a job. Other activities, such as renting an apartment or even volunteering at a child’s school, can be limited by a criminal conviction, as well.
Speak with an Experienced Criminal Defense Attorney Today
Rosenblatt Law PC cannot guarantee the outcome of a criminal case. However, having experienced representation on your side to walk you through the criminal process it is crucial to protect your rights and protect your liberty. If you are charged with a crime in New York or New Jersey, the criminal defense attorneys at Rosenblatt Law PC can explain the process to you and fight to protect your rights. Contact Rosenblatt Law PC today to discuss your case.
