The R.M.L. Law Firm, PLLC is committed to providing our clients with answers to some of the most frequently asked questions in criminal law. The laws in New York are complex, and the consequences of a criminal charge can be significant. Our FAQ addresses common questions about a variety of offenses, including assault, burglary, domestic violence, drug possession, and juvenile offenses. The FAQ also discusses potential penalties for these crimes and explains how an attorney can help you navigate the criminal justice system.
Long Island Criminal Law FAQ
General Legal Questions:
Q: What is a plea deal and should I accept one?
A: A plea deal is an agreement to plead guilty in exchange for a lesser charge or sentence. Your lawyer can help determine if it’s the right choice for your case.
Q: What happens if I don’t show up to court?
A: Missing court can lead to a bench warrant for your arrest, additional charges, and a higher bail. Always notify your lawyer if you can’t make a scheduled appearance.
Q: What should I do if I’m arrested?
A: Stay calm and avoid resisting arrest to prevent additional charges. You have the right to remain silent. Contact a criminal defense lawyer immediately to protect your rights.
Q: How long will my case take?
A: Case length depends on factors like charge complexity, trial status, and court schedule. Misdemeanors usually take a few months. Felonies can take a year or more.
Q: Will I go to jail if I’m convicted?
A: Jail time depends on charge severity, your criminal history, and whether it’s a misdemeanor or felony. Misdemeanors often result in shorter jail terms. Felonies carry longer sentences.
Q: Can a criminal charge be dismissed?
A: Yes, courts can dismiss a charge if there’s not enough evidence or if police violated legal procedures. Your lawyer can challenge the case and argue for dismissal by exposing these issues early in the process.
General Criminal Offenses:
Q: What is the difference between burglary and robbery in New York?
A: Burglary involves unlawfully entering a building to commit a crime. Robbery involves forcibly stealing property using threats or force. For example, stealing property from a home is burglary. Using force to steal it is robbery.
Q: What are the penalties for third-degree burglary in New York?
A: Third-degree burglary is a class D felony, punishable by up to 7 years in prison, probation, and fines.
Q: What are the penalties for resisting arrest in New York?
A: Resisting Arrest is a class A misdemeanor, punishable by up to 1 year in jail, probation, and fines.
Q: What are the penalties for theft of services in New York?
A: Theft of Services can result in fines, probation, and imprisonment, depending on the value of the services stolen.
Q: What are the penalties for trespassing in New York?
A: Trespassing penalties may include fines, probation, and imprisonment, depending on the offense’s severity.
Assault and Violence-Related Charges:
Q: How can a criminal defense lawyer help with assault charges?
A: An experienced assault criminal defense attorney provides legal representation, negotiates plea deals, and develops strategies for the best possible outcome.
Q: What are domestic violence charges?
A: Domestic Violence charges involve physical or emotional abuse within a relationship, including physical harm, threats, or harassment.
Q: What are the common defenses against domestic violence charges?
A: Common defenses include self-defense, lack of evidence, and mistaken identity.
Q: How can a lawyer help with stalking charges?
A: A lawyer provides representation, negotiates charges, and develops strategies to achieve the best possible outcome.
Q: What are the penalties for weapons and gun charges in New York?
A: Weapons charges may lead to prison time, fines, and probation, depending on weapon type and case details.
Drug-Related Charges:
Q: What are the penalties for drug crimes in New York?
A: Penalties depend on drug type and amount. They can range from fines and probation to significant prison time for larger amounts or more dangerous substances.
Q: What is the difference between drug possession and drug distribution?
A: Drug possession involves holding drugs for personal use. Drug distribution involves selling or distributing drugs to others.
Disorderly Conduct and Harassment:
Q: What is the difference between disorderly conduct and harassment?
A: Disorderly Conduct is disruptive behavior. Harassment involves unwanted, threatening actions toward another person.
Q: What should I do if I’m accused of harassment?
A: If accused of harassment, contact a lawyer who can help you understand your rights and develop an effective defense.
Q: How can a lawyer help with disorderly conduct charges?
A: A lawyer can review the evidence, challenge the allegations, and develop a defense to minimize penalties.
Immigration and Criminal Charges:
Q: Can a criminal conviction affect my immigration status?
A: Yes, a criminal conviction can affect your immigration status, including eligibility for visas or citizenship.
Q: How can a lawyer help with immigration consequences of a criminal charge?
A: A lawyer offers legal advice regarding immigration consequences of criminal charges, represents you in court, and works to minimize immigration impact.
Juvenile Offenses:
Q: What happens when a minor is arrested on Long Island?
A: When police arrest a minor on Long Island, the legal process depends on the child’s age and the charges. For ages 7 to 15, courts usually treat them as Juvenile Delinquents and send the case to Family Court, where the focus is on support, not punishment. For 16- and 17-year-olds, courts may treat them as Adolescent Offenders, starting the case in the Youth Part of Criminal Court. If the charges allow, the case can transfer to Family Court. For serious charges like violent felonies or gun possession, the court may keep the case in adult criminal court. Hiring a skilled Nassau County juvenile crime lawyer early helps protect your child’s future.
Q: What’s the difference between a Juvenile Delinquent, a Juvenile Offender, and an Adolescent Offender in New York?
A: These terms reflect how New York handles minors based on age, offense type, and which court hears the case.
Juvenile Delinquent (JD): Children ages 7–17 who commit crimes are handled in Family Court, which focuses on treatment, not punishment.
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JD cases remain confidential. Juvenile Delinquents don’t receive criminal records.
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As of October 1, 2019, most 16- and 17-year-olds charged with misdemeanors under the Penal Law are JDs.
Juvenile Offender (JO): Youths aged 13 to 15 years old charged with serious felonies, like murder, are prosecuted in Criminal Court as Juvenile Offenders.
Adolescent Offender (AO): Youths aged 16 to 17 years old charged with felonies are handled in the Youth Part of Criminal Court.
Q: Will my child go to jail for a juvenile offense?
A: Jail is unlikely in most juvenile cases. New York’s system prioritizes rehabilitation, not punishment. Courts often order probation, counseling, community service, or diversion programs instead of detention. Judges consider the offense and your child’s history when deciding the outcome. In serious or repeated cases, the court may place a child in a juvenile facility—not an adult jail. A strong defense lawyer can push for alternatives to detention and help the court see your child as more than the charge.
Q: Should I hire a lawyer if my child is facing juvenile charges?
A: Yes, hiring a lawyer is essential. Juvenile charges can affect your child’s education, immigration status, job prospects, and future rights. A skilled juvenile crime defense attorney can guide you through the court process and protect your child’s interests. They can fight to keep the case in Family Court instead of adult court. An attorney can also push to reduce or dismiss charges and negotiate alternatives to detention. In some cases, they can seek to seal or expunge the records. Even minor charges can carry lasting consequences. Acting quickly with the right legal help can make a big difference.
Traffic and Driving Offenses:
Q: What are the penalties for reckless driving in New York?
A: Penalties for reckless driving include 5 points on your license, fines, and possible imprisonment. The severity depends on the circumstances and prior driving record.
Q: What should I do if I’m pulled over for driving with a suspended license?
A: Remain calm, follow the officer’s instructions, and inform them of your situation. Contact a Long Island lawyer familiar with driving with a suspended license charges immediately to discuss potential defenses.
Q: How can a lawyer help with driving with a suspended license charges?
A: A lawyer can provide legal representation, help challenge the suspension, negotiate potential reductions, and work to achieve the best possible outcome for your case.
Q: What are the penalties for driving with a suspended license in New York?
A: Penalties for driving with a suspended license in New York can include fines, extended suspension, and possible jail time, depending on the circumstances and prior offenses.
Q: What are the penalties for moving traffic ticket violations in New York?
A: Penalties for moving traffic violations include fines, points added to your driver’s license, and potential license suspension. The severity depends on the violation, such as speeding, running a red light, or cell phone violations.
Contact The R.M.L. Law Firm, PLLC Today
Don’t face any criminal charge without an experienced Nassau County criminal lawyer in your corner. Contact The R.M.L. Law Firm, PLLC today for your free initial consultation.
