The Penalties for a DWI Conviction in New York

The penalties for DWI convictions in New York have become more and more severe over recent history. A first DWI offense is typically charged as a misdemeanor, unless there is some aggravating factor. This is a criminal charge that, if convicted, will give you a permanent criminal record. The conviction itself, and the accompanying criminal record, can often be the most significant and lasting penalty for an individual charged with a DWI, especially if you have no prior criminal history. Along with a permanent criminal record, an individual facing their first misdemeanor DWI conviction can be sentenced to a fine of between $500 and $1,000, mandatory state surcharges of $590, an alcohol abuse treatment program specifically geared toward DWI offenses, a license revocation of 6 months or 1 year, attending a Victim Impact Panel, the installation of an ignition interlock device in any car you own or ever operate, community service, probation or up to one year in jail.

If you are charged with a DWI, and it is alleged that you had a blood-alcohol content of .18% or more, or if it is alleged that you had a passenger in the car with you who was 15 years old or younger (Leandra’s Law) , you will likely still be charged with a misdemeanor, but the range of fines is greatly increased, your license will be revoked for the longer period of 1 year, and the District Attorney’s Office will generally be more inclined to seek jail time and/or probation as a component of the sentence.

If you are charged with a second DWI within 10 years of your first DWI conviction, it will be charged as an E felony that brings with it the possibility of up to 4 years in state prison, not to mention even greater fines up to $5,000. A third DWI in the same period is even more serious, and will be charged as a D felony with up to 7 years in state prison and up to $10,000 in fines. Felony convictions bring with them even more stigma and long-term consequences, even beyond the sentence imposed by the judge. If you are charged with any crime, particularly a felony, it is imperative that you seek representation by an attorney who is experienced in defending individuals charged with DWI offenses in New York.

This blog entry is not an attempt to substitute for an examination of your particular case by your own criminal defense lawyer who will determine what is best for your case. Instead, this entry can give you the foundation to better understand criminal penalties for DWI offenses. To better understand these crimes, possible defenses, and how you can best protect yourself, consult with your criminal lawyer.

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Theft-Related Charges out of the Woodbury Common Outlets

Woodbury Common Premium Outlets in Central Valley, Orange County, is an outlet center that opened in late 1985 and has since expanded repeatedly over the years. The outlet center now how has about 220 stores and is one of the largest outlet centers in the country. The outlets are not only a destination for locals in Orange, Rockland and other nearby counties, but also for tourists visiting New York City, and City residents.

The size and nature of the complex attracts countless shoppers every year in addition to shoplifters and those using forged credit cards or other means of theft. Those arrested for these theft-related crimes will be prosecuted in Town of Woodbury Justice Court, and the County Court for Orange County in Goshen, NY if the case is indicted.

One of the key factors in determining the severity of the crimes that can be charged is the value of the stolen goods. This amount can be calculated by combining or aggregating the value of the individual items. If the items collectively are valued at under $1,000.00 and no forged or stolen credit cards or other similar items and techniques were used, the case will likely be charged as a misdemeanor Petit Larceny, New York Penal Law 155.25, and/or Criminal Possession of Stolen Property in the Fifth Degree, New York Penal Law 165.40. Both of these crimes are classified as “A” misdemeanors and are punishable by up to one year in the County jail. However, jail is not mandatory, and a wide array of sentences are possible including probation, community service, fines and restitution.

On the other hand, if the total value of the stolen property is more than $1,000.00, or if you are accused of using a forged or stolen credit card, you will likely face more serious felony charges such as Grand Larceny and Identity Theft. These charges expose you to the possibility of state prison time.

For those without a preexisting criminal record, perhaps more important than the potential sentence is the possibility of the criminal conviction itself. A criminal record can have wide-ranging consequences regarding immigration, employment and community standing. Given this, pursuing a non-criminal resolution to the case can be of the utmost importance. Having an attorney who can effectively negotiate for a dismissal of the charges, an ACD (Adjournment in Contemplation of Dismissal), a Disorderly Conduct offer or another creative solution can be critical. Alternatively, if negotiations are unsuccessful, or if there are major weaknesses in the prosecution’s case, fighting for your exoneration at a trial can be the best course of action.

If you are charged with felony in connection with a shoplifting or other theft from a store in the Woodbury Common Premium Outlets, or anywhere in Orange County, it is imperative that you have a criminal defense lawyer involved in the process as early as possible, given that decisions made at arraignment and in the first few days after arraignment can have an enormous impact on the case going forward. Decisions such as whether or not to waive your right to a Preliminary Hearing, whether to accept a one-time offer from the District Attorney’s Office, and whether to testify in the Grand Jury are difficult, complex and depend entirely on the unique facts and circumstances of your case and background.

This blog entry is not an attempt to substitute for an examination of your particular case by your own criminal defense lawyer who will determine what is best for your case. Instead, this entry can give you the foundation to better understand shoplifting and related crimes, your potential sentences and how a case may proceed in a Woodbury Common Premium Outlets shoplifting case. To better understand these crimes, possible defenses, and how you can best protect yourself, consult with your criminal lawyer.

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