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CRIMINAL DEFENSE
The following is a list of criminal
charges I have experience with and their definitions:
Driving While Intoxicated
In
general it is unlawful to operate a motor vehicle on a public road or way, while
under the influence of intoxicating liquor, marijuana, narcotic drugs,
depressants, or stimulant substances.
The penalties for a violation of this law include probation or a jail sentence
depending upon the number of times that a person has been convicted previously,
and whether there was serious damage to persons or property. The courts and
prosecutor will routinely require completion of an alcohol or substance abuse
education program as part of any sentence.
Narcotics Violations
I have
experience defending the two major categories of narcotics violations:
possession and distribution.
Possession
It is
illegal to possess a substance defined under federal and state law as a
"controlled substance" without authorization. Possession includes
having a "substance" physically on your person (jacket, bag, pocket,
...) or in an area which you control (your house, car, apartment, yard...)
Distribution
It is
illegal under federal and state law to possess a substance defined as a
"controlled substance" with the intent to distribute, sell, or
transfer to another, without proper government authorization.
The classification of the defense as distribution is determined by the person's
conduct, including but not limited to selling or attempting to sell the
substance, or by the amount or weight of the substance that is possessed or
controlled (meaning that the narcotic need not necessarily have to be in your
possession, if you control its sale or distribution).
Theft
It is illegal to take, steal or embezzle
with intent to convert, the property of another.
There are a wide array of penalties for theft depending upon the nature of the
item stolen, its value, whether force or violence was employed, and the
characteristics of the victim from whom the item was taken (penalties tend to be
higher if the victim is a "weaker" person, i.e. child, elderly person,
mentally disabled,...).
Assault and Battery
An assault is either an attempted
battery or an unlawful offer of harm that places another person in reasonable
fear or apprehension of an immediate battery. Battery is the harmful or
offensive touching of another person, without justification or excuse.
This type of conduct includes most acts of violence or attempted violence. The
incidents become more serious if dangerous weapons are used or severe injury is
caused.
The penalties for this type of crime range from a prison sentence to a period of
probation, depending upon several factors, including, the criminal history of
the defendant, the nature of the force or violence, the type of injury that
resulted and the characteristics of the victim (child, elderly person, mentally
disabled, sick or infirmed...).
Domestic Violence
State law prohibits physical violence or
threats of physical violence between individuals who share a
"domestic" relationship (attempting to cause or causing physical harm
or placing another in fear of imminent serious physical harm).
A domestic relationship is generally defined as a relationship between spouses
and former spouses, persons who are or were living together, persons who are or
were related by blood or marriage, parents of a minor child (regardless of
whether they have ever married or lived together), and persons "who are or
have been in a substantive dating or engagement relationship.
Recently the penalties for a conviction of Domestic Violence have become more
severe. The courts and the prosecutors generally require that an individual
undergo therapy or join an "anger management" program.
Sexual Assault
It is illegal pursuant to state law to
physically touch another person on their "private" body parts with
intent and without their consent.
A conviction pursuant to this law generally can result in a prison sentence or a
period of probation, depending upon two factors, the criminal history of the
defendant, and the age and susceptibility of the victim.
These laws often require a person who is convicted to register with state
authorities as a "sexual offender".
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