Daniel J. Henry, Jr., Esq. PLLCDaniel J. Henry, Jr., Esq. PLLC2026-04-21T15:47:11Zhttps://www.danhenrylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204712/2021/03/cropped-directory-32x32.pngOn Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[3 facts to know about DWI laws in New York]]>https://www.danhenrylaw.com/?p=468782026-04-21T15:40:26Z2021-03-25T14:31:54ZDWI laws that New York recognizes, but none of the information contained herein should be used or read as legal advice. A criminal defense attorney is a good resource for a person who is concerned about how to address and manage their pending DWI charge.
Fact #1: New York recognizes a per se blood alcohol concentration limit
Drinking and driving is dangerous, but a drink can impact different drivers in drastically different ways. For example, a single drink may cause a small individual to feel its effects but do little to change the intoxication of a large person. Similarly, different individuals may metabolize or process alcohol differently which can alter their blood alcohol concentration.
New York and many other jurisdictions disregard these differences by implementing a per se level for blood alcohol at which a person is considered too drunk to safely drive. In New York, that level is .08%. If a person is stopped and found to have a blood alcohol concentration of .08%, even if they do not appear drunk, they can be arrested.
Fact #2: There is a different and more stringent standard for underage drivers
In New York, individuals are not permitted to legally consume alcohol until they are 21 years old. If an underage person drinks and drives, they can be arrested if their blood alcohol concentration is at or above .02%. That is significantly lower than the per se limit discussed above. A drunk driving arrest and conviction on one’s record before turning 21 years old can have long-term and devastating consequences on their future.
Fact #3: New York DWI penalties are heavy
Drunk driving is taken seriously under New York law, and to deter drivers from engaging in the practice, it penalizes alleged drunk drivers significantly for breaking the rules. A person can face the following sanctions for DWI convictions in New York:
License suspensions of different lengths based on the number of DWI convictions a person has in their history:
Vehicle confiscation or requirement to install an ignition interlock device;
Education and assessment programs on alcohol programs; and
Enhanced penalties for individuals convicted of aggravated DWI crimes.
Drunk driving and DWI laws in the state are both confusing and intimidating. A person can lose their right to drive, have a conviction on their record, and face other challenges all from a single alleged drunk driving incident. When DWI arrests happen, it is important that drivers remember that they do not have to face their legal challenges alone. They can choose to work with committed New York-based criminal defense attorneys, who can support them as they build cases to protect and defend their rights.]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[What’s the difference between theft and embezzlement?]]>https://www.danhenrylaw.com/?p=462632026-04-21T15:41:49Z2021-02-03T05:00:00ZWhat’s the difference between theft and embezzlement?
In the world of criminal law, theft is the act of outright taking something that you don’t own. For example, if you pocketed a pack of gum at the gas station and walked out without paying, that would be considered theft. Conversely, embezzlement involves having perfectly legal access to your company’s financial assets and transferring them to your account without the company’s knowledge.
One common form of embezzlement is misusing the company credit card. This includes using the company credit card for personal expenses that weren’t approved by upper management. Even a small purchase like buying a soda technically counts as embezzlement. You have legal access to the company credit card, but you’re using the funds in illegal ways.
Stealing office supplies is another common form of embezzlement. Some employees think it’s acceptable to take supplies like envelopes, notepads and pencils home, not realizing that those supplies cost the company money. To prevent theft, many companies have resorted to locking up their office supplies and ordering supplies in small amounts.
Surprisingly, stealing items from the company is also considered embezzlement. This might sound like a form of theft, but unlike a regular customer, employees have legal access to the products that they’re stealing. They might steal items directly off the shelves or take them from the warehouse, thinking that no one will notice. Inevitably, someone does notice, leading the employee to hire a criminal defense attorney.
Have you been accused of embezzlement?
Some forms of embezzlement are obvious, like stealing money from a cash register or siphoning funds into your bank account. However, it’s possible to commit embezzlement without realizing it. Call an attorney if your business accuses you of embezzlement, forgery, extortion, identity theft or another white-collar crime. The situation might stem from a simple misunderstanding.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[Degrees of arson]]>https://www.danhenrylaw.com/?p=462662022-11-21T08:37:14Z2021-01-08T05:00:00ZFirst-degree of arson
The first degree includes the crime of setting a home or building on fire with the accused having knowledge of someone being inside. In this case, the punishment implemented by the courts will be determined by the severity of the damage.
Second-degree arson
There have been many cases in which the owner has intentionally set their building or home on fire. They might do this to commit insurance fraud and collect the insurance money. Property crimes such as these may lead to a hefty fine and, in some cases, a short stint in prison.
Third-degree arson
The third degree involves a person knowingly setting fire to property without anyone being inside of it. This may involve property such as a parking garage, home or even an empty lot, to name a few.
Aggravated crimes of arson
Perhaps the most severe include aggravated crimes of arson. In this crime, the accused has knowingly set fire to a building with the knowledge of someone being inside of it. What sets this apart from a first degree is that the person or people inside the building received bodily injuries from the fire the accused created. In certain cases, the death of those injured may even lead to the charge being upgraded to murder.
Arson, no matter the degree, has long-lasting consequences someone being convicted of it. If you have been accused of arson, then it is highly recommended to seek legal counsel as soon as possible.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[Penalties for multiple driving under the influence convictions]]>https://www.danhenrylaw.com/?p=462672022-11-21T08:37:21Z2020-11-30T05:00:00ZLicense revocation
The Impaired Driving Program set sets forth several regulations regarding drivers that govern the ability of motorists to reapply for a driver’s license after a revocation due to DUI. Individuals who have been convicted three or more times within 25 years for driving under the influence will need to wait two years following a revocation before they can reapply for a driver’s license. This provision covers drivers whose license revocations did not involve driving under the influence, and future licenses will include restrictions that reflect their past problems.
Motorists who incur three or more convictions of driving under the influence and have had their licenses revoked for alcohol or drug-related incidents will face a five-year revocation period. Driver restrictions also increase to five years. Motorists who have been convicted three or more times of driving under the influence who become involved in serious accidents while behind the wheel face the possibility of a permanent driver’s license ban. A driver’s license can be obtained again by these motorists when extenuating circumstances exist.
Drivers with five or more DUI convictions may face a lifetime driver’s license ban. These individuals may receive future licenses if they are able to compel the court through the presence of unusual or extenuating circumstances. Motorists with two or more DUI convictions must serve their complete suspension or revocation and provide proof of rehabilitation before the lifting of sanctions can happen.
People who are arrested for suspicion of DUI or DWI face serious consequences in both the short and long term. A defendant will need a strong defense to protect his or her rights in court and avoid the potential damage to his or her life. Individuals who need to defend themselves against allegations of driving under the influence may benefit from working with a criminal offense attorney.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[Racketeering remains among the serious RICO crimes]]>https://www.danhenrylaw.com/?p=462692022-11-21T08:37:29Z2020-10-26T04:00:00ZGambling, obstruction of justice
In this case, the former gang member had been charged with racketeering conspiracy, possession of firearms related to drug trafficking and possession with intent to distribute crack cocaine. Racketeering is considered among the RICO crimes, which often are associated with organized criminal activity. Examples of racketeering include:
Fraud
Gambling
Drug crimes
Money laundering
Obstruction of justice or a criminal investigation
Murder for hire schemes
Kidnapping
Arson
Bribery
Extortion
When charged with a RICO crime, a person faces an uphill legal battle. Many such cases are federal offenses, while others are state crimes. Considering these circumstances, it is crucial to work with a skilled and knowledgeable criminal defense attorney.
You need a solid and effective legal ally to help you fight these charges in order to get the best possible results. An experienced trial-tested and attorney will work on getting the charges dismissed, reduced as well as represent you in a courtroom trial.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[What are the consequences for heroin possession in New York?]]>https://www.danhenrylaw.com/?p=462712022-11-21T08:37:37Z2020-09-28T04:00:00ZNew York’s possession penalties
New York recognizes five different controlled substance schedules, which classify drugs based on their likelihood of abuse and accepted medical use. Substances under Schedule I – which includes heroin – carry the highest risk of addiction. These substances also lack any benefits that may make them suitable for medical use.
If police arrest you for heroin possession, you will face charges corresponding to those for Schedule I substances. Your specific penalties, though, will depend on the quantity of the substance on your person. While possession of a small amount of heroin qualifies as a misdemeanor, carrying any more than 500 milligrams is a felony. For a felony offense, you will face a mandatory minimum sentence if convicted. Your case may qualify for alternative sentencing – which may involve the mandatory attendance of a treatment program – though this possibility depends on the nature of your offense.
Establishing your defense
For your charges to lead to conviction, a prosecutor must weigh whether they meet four criteria, beyond a reasonable doubt. They must prove that:
The substance qualified as a controlled substance under state law
You possessed the substance
Your possession of the substance was knowing
Your possession of the substance was unlawful
In establishing your defense, you must consider whether the prosecutor can prove each point. While they may be able to, there might also be mitigating factors affecting your case. Either way, you will want to take every step possible to avoid serious penalties. A criminal defense attorney can help you fight for an outcome that reflects your case and circumstances.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[I am facing a drug charge. Do I qualify for alternative sentencing?]]>https://www.danhenrylaw.com/?p=462722022-11-21T08:37:46Z2020-08-31T04:00:00Zalternative sentencing when it comes to nonviolent crimes. Treatment Alternatives for Safer Communities (TASC) provides programs for nonviolent offenders—like those convicted for drug possession—which helps offenders receive necessary treatments if the court believes the offender struggles with substance abuse. Qualifying offenders must be at least sixteen years or older and have clear indicators as to the extent of their substance abuse.
Additional alternative sentences may include:
Community service: A non-violent offender may receive a sentence of community service as a means of payment for their criminal actions if the court deems it a necessary and fair alternative.
Restitution: Like a fine, restitution is a payment that you make. Though, the payment will go to the victim of the crime rather than to a court.
Suspended Sentence: A judge may issue a suspended sentence if they believe there is a reason it. Often, they will suspend sentencing while the defendant attends a program related to their crime – such as drug treatment programs.
Pretrial Diversion or Deferred Adjudication: In some cases, you may have your charges dismissed if they meet certain conditions. These conditions may include counseling or probation and require that you stay out of trouble.
Depending on the gravity of the drug offense, your very future may be in jeopardy and alternative sentencing is no guarantee. Eligibility for alternative sentencing will vary on a case-by-case basis and depend on both your attorney’s strategy for your situation and the court’s digression.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[Understanding vandalism charges in New York]]>https://www.danhenrylaw.com/?p=462732022-11-21T08:37:53Z2020-07-31T04:00:00ZMotivations behind vandalism
There are numerous reasons why a person might intentionally damage, desecrate or deface someone’s property.
Political motivations – Someone might vandalize property to express their political viewpoint or to comment on another person’s position. Politics are a hot button issue right now, and many people use graffiti or destruction of property as a commentary on what is happening.
Creative motivations – Covering up signs, painting walls or posting advertisements on someone else’s property can be something people do as a creative outlet. They may be trying to get their work seen by others or share specific messages.
Social motivations – Some people tamper with consumer products or deface property in the interest of gaining acceptance from others. Their audience could be the friends they hang out with, followers on social media, or groups to which they belong.
Understanding why someone might commit a property crime can help people respond to the charges appropriately. But no matter how noble a person’s motivation may or may not have been for vandalizing property, he or she could wind up facing harsh consequences.
Criminal consequences for vandalism
The exact penalties for a property crime depend on the offense. In New York, there are multiple classes of a criminal mischief violation, which includes vandalism.
On one end of the spectrum are Class A misdemeanors, which include:
Making graffiti
Damaging property
Destroying abandoned buildings
Class A misdemeanor offenses can result in up to a year in jail and thousands of dollars in fines.
On the other end of the spectrum are serious felonies. A person could face felony charges for:
Using explosives to damage property
Causing property damage costing more than $1,500 (a class D felony)
Causing property damage costing more than $250 (a class E felony)
Putting others at substantial risk of serious injury by tampering with a consumer product
These offenses can result in higher fines and lengthier detention sentences. In some cases, a person could face up to 25 years in prison.
Vandalism charges at any level can be devastating. However, you can protect yourself by defending against charges to avoid conviction.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[A variety of defenses in homicide cases]]>https://www.danhenrylaw.com/?p=462742022-11-21T08:38:00Z2020-07-17T04:00:00ZGetting the charges reduced or dismissed
In helping your case, an attorney will pursue and consider any number of defenses that include:
Falsely accused/wrong person charged: Culprits may have eluded authorities in cases such as hit-and-runs or drive-by shootings, while investigators arrest and charge an innocent person. Or overzealous law enforcement officers fingered you by planting evidence.
Insufficient evidence: Prosecutors may not have the evidence or witness support to obtain a conviction or performed a less-than-thorough investigation.
Self-defense: Considered a justified homicide if an aggressor attacks you and you defend yourself.
Insanity: Mental illness may have played a factor in the crime, leading to an insanity plea and extensive treatment.
Prosecutors are persistent in seeking convictions in homicide cases. That is why if accused of such a crime, you need an experienced criminal defense attorney. Such a legal advocate negotiates to get the charges reduced or dismissed and will pursue litigation if necessary.
]]>On Behalf of Daniel J. Henry, Jr., Esq. PLLC<![CDATA[The difference between standard and aggravated DWI in New York]]>https://www.danhenrylaw.com/?p=462762022-11-21T08:38:09Z2020-07-02T04:00:00ZStandard DWI
For instance, if you have no prior criminal record, a conviction for standard DWI in New York will cost you between $500-$1,000 in fines, and the judge will revoke your driver’s license for at least six months. There is a potential jail sentence of up to one year, though that is relatively unlikely. However, a second DWI conviction within ten years is an E felony with a potential prison sentence of up to four years, a fine of up to $5,000, and a revoked license for at least a year.
Aggravated DWI
Above standard DWI is Aggravated DWI, or driving with a blood-alcohol level of .18 or higher. A first-time conviction will cost you your license for a year, and force you to pay a fine of $1,000-$2,500. As with standard DWI, a second conviction for Aggravated DWI within a decade is an E felony, with similar potential penalties, except that your license could be revoked for at least 18 months.
Driving While Ability Impaired
Note that New York also has a Driving While Ability Impaired (DWAI) law for drivers with a BAL below the standard legal limit of .08. If the police claim your BAL is between .04 and .07, or that you show “signs of impairment,” you can still be charged with a crime. A first conviction for DWAI can result in up to 15 days in jail, a 90-day license suspension and a $300-$500 fine.
If you are unclear what exactly you have been charged with, your defense attorney will explain it to you. They will also help you confront the charges and seek a way to get them reduced or even dismissed.