With a traffic stop in Upstate New York, those who are in the vehicle must be aware that they can face multiple charges if they refuse to cooperate with the officer. If they decide not to cooperate, the situation can quickly escalate and go beyond what the original charges might have been. Resisting arrest, assault, fleeing the scene and more can pile on top of what the initial issue was. Perhaps it was driving under the influence or being in possession of drugs. Those who find themselves confronted with a multitude of criminal accusations after a traffic stop must be cognizant of the long-term consequences if there is a criminal conviction and plan a strong defense.
Sexual assault and accusations of rape in its varying forms are cropping up regularly today. In New York and across the country more and more people - both men and women - are sharing their stories of being victims. While rape is a terrible crime, accusations against a person do not automatically imply guilt. Given the harsh penalties that can result from a criminal conviction after a rape charge, it is crucial to lodge a strong defense. Part of that is understanding the various laws and degrees under which rape is categorized.
For New Yorkers who are arrested and charged with assault, there will be an inevitable fear that they might end up being convicted and sent to jail. Assault can be a serious charge, but it is important to understand that the circumstances will largely dictate the level of penalties. For example, some forms of allegations involving assault will result in an aggravated assault charge. Having a grasp on the law and how to face the charges is an important part of formulating a strong and viable defense.
Intentionally causing someone a physical injury is prohibited in New York as in the rest of the country. Known as assault, the key ingredient to the crime is the intent to cause the injury. There are various degrees to the crime of assault, depending on the use of deadly weapons, the mens rea of the person accused of committing the crime and the seriousness of the injury. Therefore, for first and some second degree assault offenses, there must be the specific intent to cause serious physical injury to the alleged victim.
Sexual violence takes many forms, and the different forms of it have different elements and different penalties. Understanding the elements of a crime is an important first step in defending oneself against criminal charges.
A person who is facing the possibility of serious criminal charges is in a bad predicament. Not only could the accused endure harsh penalties if he or she is convicted, but they could also suffer hardships impacting his or her personal and professional life. Because allegations of a violent crime could carry with it some consequences, it is important that accused offenders take time to understand the defense options available to them.
While emotions can sometimes get the best of us, when it comes to assault charges, there are various factors that could elevate this criminal charge. No matter the cause or intent of the matter, when an individual in New York or elsewhere faces allegations of aggravated assault, this is likely to mean harsher penalties and consequences for this violent crime. Because an elevated charge could greatly impact a defendant, it is imperative that they understand how an assault charge is raised to this offense as well as defense options available.
As a previous post in this blog discussed, charges related to theft could result in serious penalties. If a criminal charge is raised to an armed robbery charge because a deadly weapon was used in the commission of the suspected crime, the accused could face harsh consequences.
The accusation of theft can be serious. In fact, individuals in New York that are suspected of the unlawful taking of property could face serious penalties. Even more so, the accused offender could face even more severe consequences if they are charged with armed robbery. Unlike theft, armed robbery requires the application of threat or force, which causes this criminal charge to carry with it serious penalties, usually because the offender used a gun or a knife.
As a previous post highlighted, a domestic dispute could result in criminal charges. A person accused of domestic violence can face serious penalties. In addition, the defendant could lose the ability to sped time with the other party involved in the dispute as well as any children involved. Whether this is a family member, spouse or a significant other, a violent change such as a domestic dispute charge could carry serious penalties. In addition, a person convicted can face harsher penalties if the person is found in possession with a firearm.