Practice Areas and Legal Definitions

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DWI charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Driving Under the Influence (DUI):
A DUI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

If you or someone you know needs the assistance of an experienced New York Criminal Law Attorney, call Clayman & Rosenberg today at 866-745-6197, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know needs the assistance of an experienced New York Criminal Law Attorney, call Clayman & Rosenberg today at 866-745-6197, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Clayman & Rosenberg
305 Madison Ave Ste 130
New York, NY 10165
Telephone: 866-745-6197
Fax: 212-949-8255

MEMBERS OF THE FIRM:

Charles E. Clayman
Admitted to bar, 1970, New York; 1973, U.S. Court of Appeals, Second Circuit and U.S. District Court, Southern and Eastern Districts of New York. Education: Harvard University (B.A., 1966); University of Pennsylvania (J.D., 1969). Assistant District Attorney, New York County, 1969-1973. Assistant U.S. Attorney, Eastern District of New York, 1973-1977. General Counsel, New York City Department of Investigation, 1977-1978. Member: The Association of the Bar of the City of New York (Member, Committee on Criminal Law, 1990—); New York State (Member, Criminal Courts Committee, 1986—) and American (Member, Criminal Justice Section; Consultant to Section Chairman, 1978-1979) Bar Associations; Federal Bar Council (Member, Appellate Division, First Department, Central Screening Committee); New York Council of Defense Lawyers (Board of Directors, 1994—). Practice Areas: Criminal Litigation. AV Peer Review Rated

Seth L. Rosenberg
Admitted to bar, 1975, New York, U.S. District Court, Southern and Eastern Districts of New York and U.S. Court of Appeals, Second Circuit; 1976, U.S. Tax Court and U.S. Court of Appeals, District of Columbia Circuit. Education: University of Wisconsin (B.A., 1968); Rutgers University Law School (J.D., 1974); New York University (LL.M., Taxation, 1975). Assistant District Attorney, New York County, 1975-1986. Chief, Rackets Bureau, 1983-1986. Special Assistant U.S. Attorney, Southern District of New York, 1984-1985. Member, Advisory Committee on Criminal Law to the Chief Administrative Judge of the Courts, 1994—. Member: The Association of the Bar of the City of New York (Member, Criminal Law Committee, 1985-1988; Member, Criminal Justice Council, 1993—); New York State and American Bar Associations; New York Council of Defense Lawyers. Practice Areas: Litigation. AV Peer Review Rated

Brian D. Linder
Admitted to bar, 1983, New Jersey; 1984, New York and U.S. District Court, Southern and Eastern Districts of New York; 1987, U.S. Court of Appeals, Second Circuit; 1991, U.S. Court of Appeals, Third Circuit and U.S. Supreme Court; U.S. District Court, District of Connecticut. Education: Cornell University (B.S., 1979); George Washington University (J.D., 1983). Member: Association of the Bar of the City of New York (Criminal Advocacy Committee; Personal Income Tax Committee, 2006-); New York Council of Defense Lawyers; American Bar Association. Practice Areas: White Collar Criminal Defense; Criminal Taxation; Federal Civil Practice.

Amy E. Millard
Admitted to bar, 1984, New York; 1985, U.S. District Court, Southern and Eastern Districts of New York and U.S. Court of Appeals, Second Circuit. Education: Barnard College (A.B., magna cum laude, 1973); New York University (M.A., 1975; J.D., cum laude, 1983). Member, New York University Law Review, 1981-1982. Law Clerk to Hon. Whitman Knapp, Southern District of New York, 1983-1985. Assistant U.S. Attorney, Southern District of New York, 1988-1997. Member: The Association of the Bar of the City of New York (Member, Committee on Criminal Advocacy, 1997—); New York State and American Bar Associations; New York Council of Defense Lawyers. Practice Areas: Criminal Law; Civil Litigation; Securities Arbitration. AV Peer Review Rated

Paul Scott Hugel
Admitted to bar, 1992, New Jersey; 1993, New York and U.S. District Court, Southern District of New York. Education: Lehigh University (B.A., 1989); Fordham University School of Law (J.D., 1992). Practice Areas: Criminal Law; Commercial Litigation; Computer Crime; Gaming Law; Pari-Mutuel Racing.

Isabelle A. Kirshner
Admitted to bar, 1982, New York; 1985, U.S. District Court, Southern District of New York. Education: State University of New York at Oswego (B.A., cum laude, 1977); Benjamin N. Cardozo Law School, Yeshiva University (J.D., 1981). Assistant District Attorney, New York County, 1982-1986. Member: The Association of the Bar of the City of New York (Criminal Courts Committee; Judiciary Committee); New York State Association of Criminal Defense Lawyers; National Association of Criminal Defense Lawyers; Criminal Justice Act Panel Committee; New York Council of Defense Lawyers; New York County Lawyer's Association. Practice Areas: Criminal Trial Practice. AV Peer Review Rated

Thomas C. Rotko
Admitted to bar, 1996, New York; 2001, U.S. District Court, Southern and Eastern Districts of New York.. Education: Union College (B.A., 1991); University of Pennsylvania (J.D., 1994). Chair, Moot Court Board. Senior Editor, Comparative Labor Law Journal. Member, Board of Managers, University of Pennsylvania Law Alumni Society (1999—). Assistant District Attorney, New York County District Attorney's Office (Trial Division and Official Corruption Unit, 1994-2000). Member: New York State and American Bar Associations. Practice Areas: Criminal Litigation; Civil Litigation.