Aggravated Harassment in New York

February 9, 2012 By Leave a Comment

Under the statutes in the state of New York, you can be charged with harassment for engaging in a course of conduct or committing acts that place a person in reasonable fear of physical injury. This can include intentionally and repeatedly following someone in a public place, and is known as harassment in the first degree. If the harassment escalates, you may find yourself charged with harassment in the second degree, as set forth in Section 240.26 of the New York criminal code.

This blog addresses those situations where first or second degree harassment is determined to be “aggravated harassment.”

Aggravated Harassment in the Second Degree

Aggravated harassment in the second degree, a Class A misdemeanor, occurs when a person intentionally acts to harass, threaten, annoy or alarm another person, using a telephone, telegraph, the mail or any form of written communication, including electronic means. Simply making a call, even if no conversation takes place, can constitute aggravated harassment in the second degree. You can also be charged with second degree aggravated assault for striking, shoving, kicking or otherwise physically contacting another person because of a belief or perception about that person’s race, color, creed, religion, age, disability, sexual orientation or gender. An attempt to make physical contact is also a violation of the law, even if no contact is made.

You can also be charged with second degree aggravated harassment if you commit the crime of harassment in the first degree, and have a prior conviction for first degree aggravated harassment in the last 10 years.

Aggravated Harassment in the First Degree

Aggravated harassment in the first degree, as set forth in Section 240.31, is defined to cover situations where a defendant damages property used for religious purposes. You can also be charged with this crime if you have been convicted of aggravated harassment involving physical violence (aggravated harassment in the second degree) in the last 10 years, and are arrested for a subsequent charge of second degree aggravated harassment.

Aggravated harassment in the first degree is a class E felony.

In most prosecutions for aggravated harassment, there are hidden agendas and the charges stem from exaggerations or overblown accounts of what actually happened. An experienced and aggressive attorney can help a judge and jury understand what really happened and ensure that your rights are protected.

Contact Attorney Scott J. Limmer

At the Law Offices of Scott J. Limmer, every new client is entitled to a free initial consultation. For a confidential meeting with an experienced New York criminal defense lawyer, contact us online or call our office toll free at 888-238-0888. We answer our phones 24 hours a day, seven days a week. All major credit cards are welcome and payment plans are available for qualified clients.

Filed Under: Harassment Tagged With: , , , , , , , ,

Unlawfully Discharging a Weapon in New York

January 9, 2012 By Leave a Comment

The state of New York has well-defined laws governing the purchase, possession and carrying of firearms. The state also clearly regulates the types of guns that may be used, possessed, purchased or sold. What many people do not know, however, is that the law also identifies those instances where it is a crime to discharge a weapon. Specifically, it is unlawful to discharge a firearm:

  • In a way that causes the load of the firearm to  pass over a public highway—This can include guns used while hunting
  • Within 500 feet of a residence, farm building or farm structure that is actually occupied or used
  • Within 500 feet of a school building, school playground, church or occupied factory
  • In any public place, or in any place where a person is endangered by the discharge

If you have been charged with unlawfully discharging a firearm in the state of New York, you want an experienced lawyer to protect your constitutional rights. The penalties can be severe, but you can raise defenses or offer mitigating circumstances to minimize the consequences.

At the Law Offices of Scott J. Limmer, we have handled criminal matters involving people throughout Queens County, Nassau County and Suffolk County for more than 13 years. Attorney Limmer is a former New York district attorney—we understand how prosecutors prepare and present their cases. We know how they evaluate evidence and what they will give the most weight to. We can help you take proactive steps to minimize the consequences of an arrest of unlawfully discharging a weapon.

We also know from experience that police and prosecutors can be overzealous in their efforts to get a conviction. They may obtain information from an anonymous or unreliable source, and conduct an illegal search or seizure. They may fail to properly advise you of your constitutional rights when taking you into custody.

The district attorney’s office takes weapons offenses seriously. The laws are also designed to impose harsh penalties, even on first time offenders. It is critical that you have an experienced and aggressive attorney to protect your rights.

Contact the Law Offices of Scott J. Limmer

To schedule a free initial consultation with an experienced New York criminal defense lawyer, contact our office by e-mail or call us toll free at 888-238-0888. Our phones are answered 24 hours a day, seven days a week. We take all major credit cards and will set up payment plans for qualified clients.

Filed Under: Weapons Offenses Tagged With: , , , , , ,

Grand Larceny in New York

January 4, 2012 By Leave a Comment

In New York, if you have been charged with the theft of goods or cash in an amount of $1,000 or more, you can be charged with the felony of grand larceny. Depending on the seriousness of the crime, you could face as little as four years or as much as 25 years in prison. Judges are given discretion in sentencing, and can consider a variety of factors to reduce or mitigate the sentence, including whether you have a prior criminal record, whether you have the ability to make restitution, and whether you have strong family or community ties.

If you have been charged with grand larceny in New York, you want an experienced and aggressive lawyer to protect your constitutional rights. If convicted, you could face significant fines in addition to restitution, and could be sentenced to a lengthy jail term. In addition, simply being charged with a theft crime could put your job in jeopardy.

At the Law Offices of Scott J. Limmer, we bring more than 13 years of criminal law experience to people in Nassau County, Suffolk County and Queens County. A former New York district attorney, attorney Limmer understands how the state prepares and prosecutes grand larceny cases. We can anticipate their moves and help you take the most effective steps to protect your constitutional rights.

In theft cases, as in most prosecutions, police and prosecutors can take shortcuts in an effort to get a conviction. They may obtain evidence in violation of your constitutional rights, conducting a search or seizure without probable cause, or based on information obtained from an anonymous or unreliable source. You want an attorney who will carefully examine how police gathered evidence against you, and who will ensure that constitutional safeguards were observed.

Another challenge that can arise in larceny cases relates to the value of the goods taken. Police or prosecutors may overstate or inflate the value of merchandise in an effort to escalate a petty larceny charge to felony grand larceny. You want an experienced attorney to protect your rights.

Contact the Law Offices of Scott J. Limmer

At our office, every new client receives a free case evaluation. To set up an appointment with an experienced New York grand larceny defense lawyer, contact our office by e-mail or call us toll free at 888-238-0888.  Our phones are answered 24 hours a day, seven days a week. We take all major credit cards and will set up payment plans for qualified clients.

Filed Under: Theft Crimes Tagged With: , , , , , , ,

Drunk Driving Defense in New York

December 21, 2011 By Leave a Comment

It can happen to anyone. You join some colleagues or friends for a drink after work, or go to a party. You have a couple of beers, a glass of wine or a mixed drink. You don’t feel intoxicated, so you decide to head home. On the way, a police officer pulls you over—maybe for a minor infraction or maybe for no apparent reason. They ask you to submit to a blood alcohol test and you fail. Now what do you do?

The consequences of a DUI/DWI arrest can be devastating. In addition to the potential fines, you could risk the loss of your driving privileges for a significant period of time. If convicted, your auto insurance premiums will likely skyrocket, and you could even put your job at risk. It’s time to contact an experienced criminal defense lawyer.

At the Law Offices of Scott J. Limmer, we offer more than 13 years of criminal law experience to people in Queens County, Nassau County and Suffolk County. A former New York district attorney, Scott Limmer has seen firsthand how police and prosecutors prepare a drunk driving case. Because we can anticipate the strategies they will employ and the arguments they will make, we can help you take proactive measures to protect your rights.

When you have been charged with drinking and driving, one of the first things you want your attorney to do is determine whether police or law enforcement officers had probable cause to pull you over. Police cannot just randomly stop you to determine if you are violating the law. They must have reason to believe that you are committing or have committed a crime. This can be something as simple as having a broken tail light or an expired license tag. However, without probable cause to make the traffic stop, police cannot use any evidence obtained to prosecute you.

After you have been pulled over, police may ask you questions. You do not have to answer their questions without a lawyer present. You have the right to refuse to submit to a field sobriety test, and can also refuse to take a breathalyzer or blood alcohol test, although you can face immediate suspension of your license for such refusal.

Contact the Law Offices of Scott J. Limmer

To schedule a free initial consultation with an experienced New York DUI/DWI defense lawyer, contact us online or call our office toll free at 888-238-0888. Our phones are answered 24 hours a day, seven days a week. We take all major credit cards and will set up payment plans for qualified clients.

Filed Under: Drunk While Intoxicated Tagged With: , , , , , , , , ,

Drug Possession in New York

December 20, 2011 By Leave a Comment

When you have been charged with possession of illegal drugs in New York, the type of drug involved can make a big difference in how your case is handled, and the approach your lawyer will take. If you have been arrested or charged with possession of marijuana, you will not be prosecuted under the same laws as if you had been charged with possession of cocaine, meth or heroin. In the state of New York, marijuana is not considered a “controlled substance.” The New York laws still make possession of marijuana a crime, but not one that rises to the level of possession of “hard drugs.” Because of this, district attorneys offices tend to be more willing to negotiate a plea bargain in marijuana possession cases.
Regardless of the substance in question, when you have been charged with possession of an illegal drug, you need an experienced and knowledgeable attorney to protect your rights. In addition to the fines and penalties you face, you could put your employment or educational opportunities at risk, and you could be excluded from working in certain professions.

At the Law Offices of Scott J. Limmer, we offer more than 13 years of criminal law experience to people throughout Queens County, Nassau County and Suffolk County. Attorney Limmer is a former New York district attorney, with a firsthand knowledge of the ways that the state prepares and prosecutes drug possession cases. We know the strategies and tactics they will employ, and know how to take the most effective steps to protect your constitutional rights.

In drug possession cases, police often work with informants, obtaining information that provides the basis for a search warrant. In our criminal justice system, police must be able to demonstrate that information obtained from an informant is reliable. They cannot obtain a warrant or conduct a search based on any anonymous tip. You want a lawyer who will verify how information was obtained, and whether there was reasonable cause to believe that the information was credible.

Contact the Law Offices of Scott J. Limmer

We offer a free initial consultation to every client. To arrange a private meeting with an experienced New York drug possession defense lawyer, contact our office by e-mail or call us toll free at 888-238-0888. Our phones are answered 24 hours a day, seven days a week. We take all major credit cards and will set up payment plans for qualified clients.

Filed Under: Drug Crimes Tagged With: , , , , , , , , , ,

The Law Offices of Scott Limmer Can Help You

November 9, 2011 By Leave a Comment

At the Law Offices of Scott Limmer, our criminal lawyers strive to achieve positive results and it shows in our extraordinary case record. We are reachable before and after regular business hours – 24 hours a day, 7 days a week. Your initial consultation is always free, and we are available for you with offices in Nassau, Queens and Suffolk counties.

The Law Offices of Scott Limmer prides itself on handling each criminal case with the highest professional standards, while giving the client the most important service of all, personal attention.

Please review our website to learn more about how we can help you. If you are facing any criminal allegations, we are here to stand up for your rights. Call us today at the above number for your free consultation with an experienced Long Island and New York City defense lawyer. We will be happy to help you.

Filed Under: Uncategorized