Criminal Defense

It may be easy for many people in New York to greet claims of self-defense as a justification for supposed criminal action with skepticism. Yet such skepticism overlooks the fact that there may indeed be scenarios where onen feels as though they have no choice to respond to the threat posed by another with force. The question then becomes to what extent does the law tolerate such a reaction. Can a person justifiably act against another any time that they feel threatened, or is that right limited? To know that answer, one must understand a unique legal principle known as "the Castle Doctine."...

Women are often extremely cautious with their drinks at bars and parties. One primary concern is that someone might spike the drink with drugs. Women in New York also have to keep the intoxication loophole in mind. This states that if a woman becomes intoxicated of her own free will, prosecutors may have no obligation to pursue rape charges. In late 2019, U.S. News reported that the New York governor had proposed changes to close this loophole. The governor believes that rapists might abuse this loophole to take advantage of intoxicated women on purpose. Expanding state definitions One way...

The leading cause of accidental death in New York City is drug overdose. Most often, opioid drugs are responsible for overdoses.  Death due to opioid overdose is tragic. Fortunately, it is also preventable if one recognizes the signs of overdose and responds appropriately.  Recognizing the signs of opioid overdose The most dangerous symptoms of opioid overdose are slowed breathing and extreme drowsiness. Breathing can slow down to the point that it stops altogether. According to the Drug Enforcement Administration, a person who has overdosed may exhibit confusion and pupils that have...

If you or someone you know has been arrested for and charged with murder or manslaughter in New York State, you may find it helpful to learn how the state defines these two crimes and what differentiates them from each other. While both murder and manslaughter involve the death of another person, some very specific details about a case may determine which offense a person is charged with. Different felony classifications As explained by the New York Senate, murder in the first degree is determined to be a Class A-I felony while manslaughter in the first degree is a Class B felony. These...

The Fourth Amendment of the U.S. Constitution protects citizens from illegal search and seizure. In other words, law enforcement officers are not permitted to search someone’s personal property or arrest them without probable cause. If an officer performs an unlawful search or arrests them illegally, the charges brought against that person may be dropped. What does an officer need for a legal search and seizure? Generally, an officer requires a valid search warrant or probable cause to search any area where a person has a legitimate expectation of privacy. In order for a search warrant to be...

Credit card fraud is a significant problem in the United States, which is why it's taken so seriously by the government. It's a federal crime, and you can face time in prison or other harsh penalties if you get caught stealing another person's credit cards or identity. The United States has the most cases of credit fraud in the world based on the fact that cases in this county make up 38.6% of all cases worldwide. Most fraud in the U.S. starts with telephone or email fraud. What is credit card fraud? Credit card fraud includes several different acts. These may include: Taking the account...

You may have spent years working hard in your chosen profession and after time have seen significant occupational success. If some of your responsibilities include handling company funds, it is essential that you do so as carefully as possible. A misstep could do more than harm your company -- it could lead to charges of embezzlement that threaten your personal and professional reputation and well-being. Defining embezzlement What is embezzlement? Embezzlement occurs when a worker obtains company assets lawfully, but then uses them for personal purposes rather than the intended company...

The Fourth Amendment, which prohibits the police from "unreasonable" search and seizure, is one of the most important constitutional protections in criminal defense. The amendment provides that the police had better have a good reason before they arrest or search a person. The legal term for this good reason is "probable cause." . The amendment comes up often in cases involving traffic stops. For instance, imagine a case where a police officer sees a driver run a stop sign. The officer then pulls over the driver's car. The officer's traffic stop is not unreasonable, because the officer saw...

Along with other government agencies, the Federal Bureau of Investigation will review allegations of white collar crimes of different types. Depending on the outcome, a New Yorker can wind up facing a range of federal charges. A conviction on these charges can land a person in prison for years if not decades. Additionally, steep fines, restitution and other penalties are possible. Finally, after a conviction for a white collar crime, it may be very hard for a person to work in his or her profession ever again. Some of these white collar crimes may seem pretty flagrant to those who read the...

On February 25, 2020, Sivin, Miller & Roche LLP won a full acquittal on a felony assault case in Kings County Supreme Court. Our client was charged with slashing the complainant in the face with a knife during a fight. We were successful in persuading the jury that the complainant was the initial aggressor and that our client was justified in defending herself.  The Jury found her not guilty of all charges.