Passalacqua & Associates

Are You Facing a Petty Crime or Misdemeanor Charge?

If you are charged with a petty offense or with a misdemeanor in or near the Utica or Syracuse area, you will need the advice and services that a Syracuse misdemeanor defense attorney provides, and you will need to reach out to that attorney as quickly as possible.

Petty offenses in New York include a number of traffic violations and offenses like disorderly conduct and disturbing the peace. A misdemeanor is a crime that does not entail the possibility of prison but may be penalized upon conviction with a maximum sentence of one year in jail.

If you are charged with a petty offense or a misdemeanor in this state, you must take the charge seriously and contact a Syracuse petty offense lawyer at once. A misdemeanor or petty offense conviction will not send you to prison, but you could serve time in jail and pay a costly fine.

What Should You Know About Petty Offenses?

Petty offenses are the least serious offenses in the state’s justice system, and convictions for petty offenses are not considered criminal convictions. Nevertheless, the penalties for a petty offense conviction may include:

1. up to fifteen days in jail (or up to forty-five days for some repeated petty offenses)
2. fines, restitution, state surcharges, and/or
3. community service

If you are charged with a petty offense, the police will not take your fingerprints or photograph. Because petty offenses are not considered criminal offenses, defendants do not have the right to a jury trial. When a defendant is convicted of a petty offense, that conviction is typically sealed, which means that it cannot be seen by prospective landlords or by most prospective employers.

What Should You Know About Misdemeanors?

Misdemeanors in New York are categorized as Class A misdemeanors, Class B misdemeanors, or unclassified misdemeanors. The sentence for an “unclassified” misdemeanor conviction depends on the details of the conviction but may include up to a year in jail and other penalties.

The sentence for a Class A misdemeanor conviction in this state may include up to a year in jail, probation for up to three years, and a fine of up to $1,000. A conviction for a Class B misdemeanor in New York State may be penalized with up to ninety days in jail.

Misdemeanor convictions appear on routine background checks conducted by prospective employers and landlords. However, misdemeanor convictions in New York State can usually be sealed after a period of ten years with help from a Syracuse misdemeanor defense attorney.

With only rare exceptions, New York does not expunge criminal convictions, and sealing a conviction does not destroy your criminal record. That record may still be seen by prosecutors, police agencies, and any agency in New York State that issues gun permits or firearm licenses.

What Should You Do if You’re Placed Under Arrest?

If you’re charged in or near the Syracuse or Utica area with a petty offense, you will probably not be arrested. Instead, you may be given a Criminal Court Summons instead of being taken to jail.

However, if you ignore a Criminal Court Summons, and you fail to appear in court, a warrant may be issued for your arrest, and your legal difficulties will become more serious. If you are placed under arrest for any reason, be polite and do not resist the police, but exercise your rights.

You don’t have to answer any questions the police ask you, even if you’ve been detained, arrested, or you’re already in jail. If you are charged with a misdemeanor or a petty offense, promptly contact a Syracuse petty offense lawyer for the legal advice and services you will need.

What Else Should You Know About Petty Offenses and Misdemeanors?

While you’re waiting for your case to be resolved, do not speak about your case to anyone except your attorney, and don’t even consider acting as your own attorney. The law is too complicated, and any mistake that you make could land you in jail, even for a petty offense or a misdemeanor.

Don’t admit anything to police officers or prosecutors, and do not agree to any “deal” before you’ve consulted your Syracuse criminal defense attorney. Then, let your defense attorney do the negotiating and talking on your behalf.

How Will Your Attorney Represent You?

Your attorney’s first step may be seeking to have the charge against you dropped by the prosecutor or to have the case dismissed by the court. If the charge can’t be dropped and the case cannot be dismissed, your attorney may negotiate for a plea arrangement that you can live with.

However, if you’ve been charged with a misdemeanor and you are innocent of the charge, you have the right to a trial by jury. If the case goes to trial, your attorney will cast doubt on the prosecution’s case, offer evidence in your defense, and ask the jurors to find you not guilty.

Your attorney will discuss and protect your rights, explain your legal options, fight for your best interests, and bring the case to its best possible resolution. You’ll be convicted of a petty offense or a misdemeanor only if the state can prove beyond a reasonable doubt that you’re guilty.

When You Need a Defense Lawyer’s Help, Call Passalacqua & Associates

If you are charged with a petty offense or a misdemeanor in the Utica or Syracuse area, where can you turn for help? Passalacqua & Associates has more than three decades of experience prevailing on behalf of those charged with petty offenses and misdemeanors in this state.

With law offices located in Syracuse, Utica, and Rome, Passalacqua & Associates will ensure that you’re treated justly and fairly by the court, whether you are charged with a petty offense, a misdemeanor, or a serious felony.

To learn more about your legal rights in New York State, or to secure the legal services you need right now, call us at 315-277-3548. The Passalacqua & Associates legal team will provide an initial evaluation of your petty offense or misdemeanor case with no cost or obligation.

The Role of Companies in Protecting Consumers

In America, consumers expect to receive quality products when they make a purchase. Unfortunately, this doesn’t always happen. In fact, some products actually present dangers to those who purchase them. And when a person suffers an injury due to this, the role of product recalls in defective product liability cases can be broad and dynamic.

Recalling defective products is an important step for companies upholding their duty to protect consumers. It’s expected that people should get what they pay for, but consumer safety laws add an additional element. Put simply, manufacturers and others involved in the creation and distribution aspect of commerce have a legal responsibility to not endanger citizens.

When they fail and have to issue a product recall, it can have major implications on potential personal injury cases.

How Recalls Affect Product Liability Cases

Product recalls serve various purposes. Unbeknownst to many, this includes a few positive outcomes for those injured by defective products. That’s because recalls can serve as evidence of negligence, knowledge of fault, and a failure to comply with regulations. Each of these components can be incredibly beneficial in personal injury cases.

Evidence of Defect

When someone is injured due to another party’s negligence, they shoulder the burden of proof. It’s their responsibility to show that someone else’s wrongful acts resulted in their injuries or losses. This can be a complicated task — particularly when it’s necessary to prove that a product was defective enough to cause injury.

Fortunately, this becomes much simpler when a product recall takes place. Recalling a product can serve as evidence of a defect on its own. It’s essentially an acknowledgment by the manufacturer that their product poses some safety risk. This can support the plaintiff’s claim that their injury was caused by the defective product.

Evidence of Manufacturer Knowledge

The role of product recalls in defective product liability cases goes far beyond supporting the claim that a defect existed. In addition, these recalls show that manufacturers had knowledge of these defects. This knowledge is crucial when proving liability — whether through establishing negligence or strict liability in a personal injury case.

Put simply, this knowledge shows that the defect was either known of or should’ve been known of. Additional evidence may also prove that this knowledge was established long before the recall took place. When this occurs, companies may face additional legal issues. This includes the potential for punitive damages as punishment for egregious actions.

Insurance Complications

When someone suffers an injury due to another party’s negligence, it’s often not the negligent party that pays compensation. Typically, it’s their insurance company. Companies may rely on their policies to protect them financially when their products harm someone, but it’s possible that insurers may try not to pay.

This is a common problem with claims denials. However, this issue may go beyond insurers trying to avoid paying what they owe. In some instances, the liable company may not have coverage due to policy exceptions, late reporting, and failure to issue a recall in a timely manner. This can create major problems best handled by a legal professional.

Compliance With Regulations

Recalls can also play an important role in product liability cases by exposing whether the company in question is compliant with government regulations. This is true in multiple ways. First, a recall may showcase that regulations were ignored during the manufacturing process. This is a common underlying cause of product defects.

The timing of a recall — or whether one is issued at all — can also affect personal injury cases. Regulations require that companies issue recalls when it becomes clear that a product is unsafe for the public. Failure to do this in a timely manner or refusal to issue a recall can further establish negligence on part of the company.

Can Product Recalls Complicate Injury Cases?

Clearly, the role of product recalls in defective product liability cases is overwhelmingly positive. However, such recalls can occasionally complicate matters — or at least hinder an injury victim’s ability to secure compensation. For instance, a consumer may be seen as negligent themselves if they continue using defective products after a recall is issued.

In some jurisdictions, this negligence could actually disqualify an injury victim from being compensated. Additionally, it’s possible that damages may be minimized by a recall due to the appearance that the liable party took proactive measures. Even the publicity behind a recall can affect a case — with liability potentially being reduced if it’s well-publicized.

Put simply, the role of product recalls in defective product liability cases can be complicated. While such an action from manufacturers and other potentially negligent parties can prove beneficial, the reality is that they add a sometimes complicated element to a case. This is why it’s typically advisable to speak with an experienced legal professional.

Should You Accept a Settlement?

The overwhelming majority of personal injury cases are resolved with settlement offers — at least in cases where victims are granted compensation. However, it will sometimes be necessary to file litigation in order to secure financial recovery. This typically results in higher compensation amounts, but is a lawsuit always the right approach?

This is a complicated question, and it’s one typically best discussed with your attorney. That’s because the answer can vary based on the unique circumstances of your case. One of the roles of product recalls in defective product liability cases is that they sometimes increase the likelihood of a fair settlement. After all, companies often want to avoid further negative publicity.

This means it’s often possible to get a quick and fair outcome in your personal injury case. However, there will be times when negligent parties refuse to properly compensate you. At Passalacqua & Associates, LLC, we’re here to help in these situations and many others. Contact us at 315-277-3548 to schedule your free consultation.

Evidence Means Everything in Personal Injury Law

Some people are involved in auto accidents where no complex issues occur. This is often the case when no injuries result, or in simple collisions involving only one or two automobiles. However, things get more complicated when there are additional motorists involved. So, how do you prove negligence in multi-vehicle collision claims?

It all comes down to the evidence. It’s necessary to show that other drivers directly contributed to the accident along with your injuries and losses. Unfortunately, a personal injury case involving multiple negligent parties can get complicated even when clear evidence is available. After all, how do you divide liability in such a case?
Fortunately, there are established methods for doing so.

What Must Be Proven to Establish Negligence?

There are many ways to prove liability in multi-vehicle collisions. Traffic cameras, accident reconstruction, witness testimony, and many other evidentiary sources can prove invaluable. However, such evidence only has value if it’s successful at establishing the elements of liability in a personal injury case. These elements include:

Duty of Care

Any personal injury claim requires showing that negligent parties had a duty of care. This is essentially a responsibility to avoid wrongful acts that could harm others. All motorists on American roadways have a duty to drive safely and not engage in actions that increase the risk of accidents.

Violation of Duty

If you can prove that someone violated a duty of care, you’ve essentially established that negligence has occurred. This element of liability could be anything from speeding to drunk driving. Any negligent, reckless, illegal, or other wrongful act can serve to prove both negligence and liability.

Causation

Proving that someone violated a duty of care is essentially how you prove negligence in a multi-vehicle collision claim. However, negligence does not always translate to liability. It’s also necessary to show that the negligent or wrongful act was a direct cause of the accident.

Damages

Being involved in a car accident isn’t enough to justify personal injury compensation. In addition to proving that a person’s duty of care violation caused your accident, it’s also necessary to show that you suffered damages. Such damages could include pain and suffering, medical bills, lost income, emotional distress, and other problems stemming from the accident.

Gathering Evidence to Prove Your Case

To establish the elements of liability, you’re going to need convincing evidence. Such evidence could show that someone violated traffic laws, or perhaps they acted negligently by failing to maintain control of their vehicle. Regardless of the underlying circumstances that led to your multi-vehicle collision, there are many types of evidence you can use to support your case:

• Police reports: These often contain crucial information about the accident — ranging from visual evidence to driver and witness statements. These reports will also have a preliminary assessment of fault
• Eyewitness statements: Accounts from witnesses of the collision can provide valuable perspectives on the accident and how it unfolded
• Surveillance and traffic cam footage: Any video evidence that captured the actual events leading up to the collision can greatly simplify the task of proving negligence in multi-vehicle collision claims
• Videos and photographs: If you were able to take visual documentation of the accident scene, road conditions, vehicle positions, and other evidence, you’ll have an incredibly useful resource in your claim
• Accident reconstruction reports: Multi-vehicle wrecks are typically far more complex than single or two-vehicle collisions. Therefore, it’s often necessary to seek out the services of accident reconstruction experts
• Medical records: Records, bills, and reports stemming from your medical evaluation and treatment are necessary for proving that you experienced losses and injury
• Repair estimates and bills: Providing evidence of additional expenses will also show how much you lost due to the actions of negligent parties

When you’re trying to prove negligence in a multi-vehicle collision claim, you’re probably going to need more evidence than in most cases. After all, you’ll have to show not just that one person was liable for your losses — but that multiple parties played a role. Unfortunately, even this isn’t the end of your troubles. There are a few other legal considerations that could cause issues.considerations.

Additional Legal Considerations

Gathering sufficient evidence is critical in your quest to prove negligence in multi-vehicle collision claims. However, there are other legal considerations that you should account for. For instance, comparative negligence laws mean that fault could be divided between multiple at-fault parties — including in situations where the injury victim shares some level of blame.

It’s also worth noting that some states practice joint and several liability. This means that an injury victim can collect the full amount of damages from a single party rather than having to go after multiple parties to recover compensation. This can be incredibly useful when certain liable parties do not have financial resources or adequate insurance.

However, keep in mind that there are nuances to all these legal issues. Due to the potential complexity of such matters, it’s critical to get started on the path to recovering damages as soon as possible. The longer you wait, the more difficult it may become to hold negligent parties accountable and secure fair compensation.

Starting the Path to Personal Injury Recovery

Personal injury is a complex area of the law. Even when only two parties are involved, issues of liability and damages can become very complex. And when you add in other potentially negligent parties, it’s critical to start working towards a fair resolution immediately. There are statutes of limitation involved, so there’s no time to procrastinate.

To get started, you want to seek medical attention and legal assistance as soon as possible. Medical care will ensure that your injuries are properly documented so you can be fairly compensated. Working with a car accident attorney will help you understand your rights, and a legal professional can also simplify the complex issues of shared liability.

If you need help understanding how to prove negligence in multi-vehicle collision claims, the legal team at Passalacqua & Associates is here to help. Contact us at 315-277-3548 to schedule your free case evaluation.

Evidence Means Everything in Personal Injury Law

There are times when a car crash doesn’t lead to complex legal issues. However, this is typically only the case when no one suffers injuries or substantial financial loss. When this happens, there are evidentiary standards that must be met in order to secure compensation. It’s in these cases that people begin to recognize the importance of accident reconstruction in determining liability in traffic accidents.

If you’re the victim of a vehicular collision, you must prove that other parties are liable by a preponderance of the evidence. This isn’t as strict as evidence rules in criminal cases, but meeting this threshold still requires enough convincing evidence to support your case. Accident reconstruction isn’t the only way to do this, but the process can provide a powerful tool for securing fair compensation.

Providing an Objective Analysis

One of the primary ways that accident reconstruction assists in determining liability in car accidents is by providing an objective analysis. Everyone who’s involved in a personal injury claim — which can include insurers, defendants, injury victims, government agencies, and more — has an underlying motive. Put simply, it’s difficult for them to be objective.

Fortunately, accident reconstruction doesn’t care about these motives. It focuses on the facts and can provide a fair analysis of what the physical evidence from the accident scene actually means. Skid marks, debris, road conditions, and vehicular damage all tell a story, and accident reconstruction experts can help translate this story.

Laying Out the Sequence of Events

Accident reconstruction allows experts to piece together the series of events that led up to, occurred during, and took place after the collision. This timeline can prove invaluable for a variety of reasons. For instance, it’s possible to identify the actions of each driver to determine if any specific traffic violations occurred.

For example, an accident reconstructionist may look at the point of damage and skid marks at the scene of the collision. From the point of damage, they can determine that a vehicle was struck while making a left-hand turn. Additionally, the length of the skid marks may show that the other driver was going 10 miles above the speed limit.

In this scenario, the reconstructionist can see that one driver was going too fast through the intersection while the other failed to yield. This sequence of events shows that both motorists have some level of liability, and this can play a significant role in whether compensation is granted along with how much is awarded.

Simplifying Complex Issues

Some collisions are not complicated. However, many do involve complex issues. This is typically the case in multi-vehicle collisions or accidents involving cyclists, motorcycles, and pedestrians. In these and other wrecks where there are questions as to what happened, a reconstruction expert can help clarify matters.

It can be difficult to understand the complexities and interactions between the various parties involved in a collision without expert analysis. Few people realize it, but multiple parties could be liable for an accident even when only two vehicles were involved. An accident reconstructionist and car accident attorney can help clarify such complex issues.

Providing Support of Witness Testimony

Eyewitness testimony plays a significant role in civil law matters. Unfortunately, many studies have shown that such testimony is often unreliable. This can be particularly true in auto collisions, as people are often highly stressed when chaotic events unfold around them. This is another instance when the importance of accident reconstruction becomes apparent.

When you bring in a professional who can scientifically break down exactly what happened, it can either contradict or corroborate witness testimony. The combination of evidence in any case is greater than the sum of each individual piece of evidence. An accident reconstruction expert can show that the other party was directly liable for your injuries.

Highlights Any Contributing Factors

To determine a fair liability assessment — whether during settlement negotiations or litigation — it’s necessary to highlight contributory factors. In some cases, this may be as simple as showing that the at-fault driver was not paying attention and rammed into a vehicle at a stop sign.

However, they may also discover other factors — such as low visibility, mechanical failures, and hazardous road conditions — that could provide a broader understanding of liability in the case. For instance, it may be possible to show that the at-fault driver was unable to stop as quickly as they could due to puddling water on the roadway.

Clearly, roads get wet — but what if a known drainage issue was to blame for the excessive pooling of water? In such a situation, it may be possible to show that the local government is partially to blame for failing to maintain safe highways. Put simply, you don’t want to overlook the liability of any party — and a reconstruction expert can make sure that you don’t.

Expert Testimony

The evidence generated by accident scene reconstruction can prove invaluable in a personal injury claim. In some instances, it can lead to a quick settlement and avoidance of complex litigation. In other situations, it can give judges and juries a true accounting of what happened. However, it’s the accident reconstructionists themselves who will be most important.

A bunch of photos, graphs, and diagrams can be informative, but it’s typically necessary to have an expert who can translate what these things mean. Reconstruction experts’ opinions can be critical during legal proceedings. These professionals showcase the importance of accident reconstruction in determining liability in traffic accidents.

However, these aren’t the only professionals that can prove helpful in your personal injury case. Those who seek legal counsel receive higher compensation on average. At Passalacqua & Associates, we’re here to secure favorable outcomes on behalf of our clients. Contact us at 315-277-3548 to schedule a free case evaluation.

Can Social Media Posts Become Evidence in a Criminal Trial?

More than four out of five police detectives have found evidence online that became part of a criminal investigation. If you are charged with a crime in the Syracuse area because of something you posted online, you must contact a Syracuse criminal defense attorney immediately.

As you probably know, millions of people use social media sites like Snapchat, Twitter, and Facebook to share comments, photos, and videos about their daily lives. However, this casual openness can hurt you if you are accused of committing a crime.

In a criminal prosecution, the state’s task is to prove that you are guilty as charged beyond a reasonable doubt. If there is anything online indicating that you have been involved in criminal activity, a prosecutor may use your social media comments, photos, and videos against you.

How Do Criminal Investigators Use Social Media?

If you are the target of a criminal investigation, the police and prosecutors will gather evidence that can be used against you, and this includes any evidence they find on your social media accounts.

You may use the privacy settings, and you may be thinking that what you’ve posted is private, but nothing online is ever truly fully private. Even comments, photos, and videos that you have deleted or marked as private can be uncovered by investigators and used against you.

Criminal investigators sometimes create false identities online or fictitious Twitter and Facebook accounts to seek evidence. Social media posts can be used, for example, to disprove an alibi, to demonstrate a motive, or to create a timeline of the events that led to a crime.

Prosecutors also use social media to look for contradictions that could weaken a defendant’s case. For instance, if you claim to have been somewhere at a specific time, but social media shows you were somewhere else, the prosecution can claim that your testimony is unreliable.

What Kinds of Evidence Can Be Found on Social Media Sites?

Social media can leave a trail of evidence that can point to a defendant’s guilt. Direct messages and private text threads may be subject to subpoena and used against you at trial. Deleted messages, emails, and text messages can also be uncovered and used against you.

Your social media accounts may offer criminal investigators a picture of your life and activities. Your previous behavior – even if it is not directly related to the specific crime you are charged with – could paint a picture of you that may not be very helpful to you in a criminal case.

If there are pictures or videos online of wild or drunken behavior, for example, you will have a hard time fighting a driving while intoxicated (DWI) charge. If there are pictures of your gun collection or pictures of you brandishing weapons, it will be difficult to fight a firearms charge.

If you have conversations online with known criminals, you could become a person of interest to investigators. It’s important to avoid any and all online conversations about criminal activity. Even a joke – or anything else you post online – could be twisted and used against you.

How Can You Protect Yourself?

You should be careful about what you post and who your online “friends” and followers are. Don’t accept friend requests from anyone you do not already know. If you know that you are under investigation, discuss your case only with your Syracuse criminal defense lawyer.

Even if your social media posts make you look guilty, you must be careful about deleting those posts. Deleting something that a prosecutor is seeking could be illegal and could jeopardize your defense. Seek advice from your Syracuse criminal defense lawyer about your posts from the past.

While social media evidence is often incriminating and compelling evidence, its admissibility in a particular criminal case depends on its authenticity and other legal criteria such as the credibility, relevance, and reliability of the evidence.

Is Your Case Pending?

If you’ve been charged with a crime, or if you are being investigated for a crime, it’s best to stop using social media entirely. Do not give the prosecution anything else that could be misunderstood or twisted and used against you.

Instead, seek legal assistance at once. A Syracuse criminal defense attorney will provide the personalized legal advice you need, protect your rights, and develop a defense strategy that is appropriate, aggressive, and effective.

Your lawyer may seek to have the charge dropped or the case dismissed. If the evidence of your guilt is overwhelming, your lawyer may be allowed to negotiate a plea deal. In most plea deals, you’ll plead guilty to a lesser charge in return for alternative or reduced sentencing.

Will Your Case Go to Trial?

If you are innocent of the charge against you, and if the charge cannot be dropped or dismissed, you may insist on your right to a trial by jury. At trial, your attorney will cast doubt on the state’s evidence, explain to the jurors what actually happened, and ask the jurors to find you not guilty.

But with so many criminal defense lawyers in the Syracuse area, how can you locate a lawyer who will make your case a priority, fight aggressively on your behalf, and bring your case to its best possible resolution?

There’s no need to make an extensive search for the right attorney. The criminal defense attorneys at Passalacqua & Associates have the experience, knowledge, skills, and the determination you need.

Why Should You Choose Passalacqua & Associates?

The award-winning criminal defense team at Passalacqua & Associates has over thirty years of experience representing and fighting on behalf of criminal defendants in the Syracuse and Utica areas.

We will see to it that your rights are protected and that you are treated justly and fairly by New York’s criminal justice system. We know how to challenge evidence gathered from social media accounts, and in some situations, we can keep that evidence from being used against you at trial.

Now or in the future, if you’re charged with a crime in New York State – or under investigation for any crime that involves the internet or evidence gathered from the internet – call Passalacqua & Associates immediately at 315-277-3548. We’ll provide a no-cost, in-depth evaluation of your case without obligation.

Should You Accept a Plea Bargain?

New York’s criminal justice system can be quite intimidating, especially if it’s your first offense. If you are charged with a crime in the Utica or Syracuse area, you must be represented by a Syracuse criminal defense attorney, and you must contact that defense attorney immediately.

As the courts in this state become even more crowded, New York’s prosecutors and judges must push cases through the court system as quickly as they can. A criminal trial can last for weeks and sometimes months, but a plea bargain takes only minutes.

Trial juries are always unpredictable, but a plea bargain gives both the defense and the prosecution more control over the outcome of a case. What exactly is a plea bargain, when should you accept one, and how do they work?

What is a Plea Bargain?

A defendant’s first court appearance is called an arraignment. At an arraignment, charges are formally read to a defendant, bail may be set, and the defendant may plead guilty, not guilty, or no contest.

A plea bargain (also called a plea deal or plea agreement) is an agreement between a prosecutor and a defendant. In a typical plea agreement, a defendant pleads guilty or no contest to at least one criminal charge in exchange for:

1.  having one or more of the other charges dropped, or
2.  the reduction of the charge to a less serious charge, and
3.  alternative or reduced sentencing

Despite some restrictions, plea bargains are common. More than nine out of ten criminal convictions in the United States are the outcome of plea bargaining, so under ten percent of the charges filed by prosecutors actually lead to jury trials.

Should You Enter a “No Contest” Plea?

An important consideration in plea bargaining is deciding if you should enter a “no contest” (or “nolo contendere”) plea. A no contest plea means that while you are not pleading guilty, you have chosen not to fight the charge or charges, and you are willing to accept a conviction.

Why should a criminal defendant enter a no contest plea? If the crime victim subsequently sues the defendant in civil court, the victim then has no confession of the defendant’s guilt to offer as evidence in a civil trial.

On the other hand, a guilty plea would be an admission of guilt that a victim could offer as evidence in a civil lawsuit. Before you enter a no contest plea – or any other plea – discuss your case and your plea options with your Syracuse criminal defense lawyer.

How Does Plea Bargaining Work?

Plea bargaining happens when a prosecutor and your criminal defense lawyer discuss settling your case without a trial. A plea deal may be agreed upon at any point in the case, from even before your arraignment up until a trial jury reaches a verdict.

Prosecutors are not obligated to offer plea deals. Whether your lawyer is allowed to negotiate a plea deal is entirely up to the prosecutor’s discretion. When both sides agree to a deal, that deal must be approved by the judge. Only a judge can make a binding decision about your sentence.

What Else Should You Consider?

If you and your lawyer are allowed to negotiate a plea bargain, be careful. Many defendants choose a plea deal instead of a trial because a plea deal is faster and you can be certain of the outcome. However, you must fully understand the terms, conditions, and consequences of a plea bargain. When you accept a plea bargain, you will be waiving some of your rights, such as:

1.  your right to a trial by jury
2.  your right to confront your accuser
3.  your right to avoid self-incrimination

You’ll have to confess, publicly in a court of law, that you are guilty of a crime, and you’ll need to understand that your conviction creates a criminal record that can impact your employment, your ability to find housing, and your immigration status if you are not a United States citizen.

Depending on the nature of the crime and the details of your conviction, a number of your other rights may be affected, including your right to vote, to own a firearm, to adopt a child, to serve on a jury, to run for public office, or to receive public benefits or a student loan.

The Choice is Yours

The final choice to reject or accept a plea agreement is a defendant’s decision alone. However, you absolutely must discuss the details, advantages, and disadvantages of any plea bargain offer with your Syracuse criminal defense attorney.

In fact, you should reach out to a criminal defense attorney at once if you are charged with a crime or if you learn that you are under investigation for a crime. If you are convinced that you are innocent, you should almost always reject any plea deal and insist on a jury trial.

If the case goes to trial, your attorney will protect your rights, cast doubt on the state’s evidence, explain to the jurors why you are innocent, and ask those jurors to find you not guilty. But how can you find a Syracuse criminal defense lawyer who will fight effectively for your acquittal?

Why Choose Passalacqua & Associates?

When your future and your freedom are at stake, the defense attorney you choose can make the difference. The award-winning legal team at Passalacqua & Associates has more than three decades of experience representing those charged with crimes in the Utica and Syracuse areas.

We understand what it takes to win an acquittal at trial – and we frequently win acquittals for our clients – but if the prosecution’s case against you is strong and persuasive, one of our criminal defense attorneys will seek to negotiate the best possible plea agreement on your behalf.

In the Utica or Syracuse area, if you are charged with a criminal offense – now or in the future – contact Passalacqua & Associates immediately by calling 315-277-3548 to schedule a no-cost, in-depth case evaluation and to begin preparing a strategy for your defense.

Could You Be Charged With Murder?

Murder is one of the most serious crimes under New York State law. In some cases, a murder conviction may be penalized with a life sentence with no possibility of parole. If you are facing a murder charge, now or in the future, contact a Syracuse homicide attorney at once.

If you are prosecuted for a murder in this state, what are your rights? What steps will you need to take? Will there be any way for you to avoid a murder conviction – and a lengthy prison sentence? And how will a Syracuse homicide lawyer defend you against a murder charge?

What Homicide Charge Could Be Filed Against You?

The most serious homicide charge, of course, is first-degree murder. First-degree murder is the intentional, unjustified killing of someone, and it includes at least one of these aggravating factors:

1. The victim was a police officer, judge, corrections employee, or criminal case witness.
2. The murder happened while the defendant was serving a life sentence.
3. The victim was tortured.
4. The murder was meant as an act of terrorism.
5. The murderer was hired. Both the murderer and the person who paid may be charged.

Second-degree murder takes place in this state when:

1.  One person intentionally kills another person without committing a felony under New York’s felony murder rule.
2.  One person unintentionally kills another person in a way that demonstrates the perpetrator’s “depraved indifference” to human life.
3.  One person unintentionally kills another person while committing or endeavoring to commit a felony under New York’s felony murder rule.

What is New York’s Felony Murder Rule?

New York State’s version of the felony murder rule provides that:

1.  A homicide perpetrated during the commission of particular felonies – without the intent to kill – is charged as second-degree murder.
2.  A homicide perpetrated during the commission of particular felonies – with the intent to kill – is charged as first-degree murder.

The particular felonies that are included under the felony murder rule are: arson, burglary, robbery, and kidnapping; first-degree rape, first-degree criminal sexual act, first-degree sexual abuse, and aggravated sexual abuse; first-degree escape and second-degree escape.

How Will Your Lawyer Defend You Against a Murder Charge?

The usual defenses against murder charges are lack of criminal intent, self-defense, and mental incapacity at the time of the homicide. You might also claim that someone else committed the murder and that you’ve been misidentified, or in some cases, that you’ve been framed.

Under the felony murder rule, a defendant may also claim that the underlying, original felony was committed by a group and that the defendant:

1.  did not solicit, commit, or assist with the killing
2.  was not carrying a deadly weapon
3.  had no reason to believe that another person in the group carried a deadly weapon
4.  had no reason to believe that someone in the group would act in a way that caused a death

A Syracuse homicide attorney will comprehensively assess the details of the charge against you, compile and examine evidence on your behalf, and develop an aggressive, effective defense strategy based on the specifics of the case.

If You Are Charged With Murder, What Steps Should You Take?

If you are placed under arrest in the Syracuse area and charged with murder, it is imperative to contact a Syracuse homicide lawyer immediately. Do not discuss your case with anyone other than your lawyer. Your right to remain silent applies whether or not the police read your rights.

If the police have questions for you, say something such as, “I prefer to speak with my attorney before I answer any questions,” and then say nothing more. Under the U.S. Constitution, you can’t be penalized for declining to answer a police officer’s questions.

If the police want to ask you questions, politely insist on speaking first with your defense lawyer. Especially when the charge against you is a murder charge, properly exercising your rights can make the difference between a not guilty verdict and a conviction followed by years in prison.

What Are the Penalties for Murder Convictions in New York State?

A conviction for first-degree murder in this state may be penalized with a life sentence with no possibility of parole or with up to forty years in a New York State prison.

A conviction for second-degree murder may be penalized with a life sentence with the possibility of parole after twenty-five years, a fifteen-to-twenty-five-year prison term, or a life sentence with no possibility of parole if the victim was under fourteen years old.

With the stakes so high, you can’t even consider acting as your own attorney in a murder case. You must be defended by a Syracuse attorney who has years of experience – and a record of success – representing those who are charged with the most serious crimes in the Syracuse area.

What if the Evidence of Your Guilt is Undeniable?

If you’re innocent, your Syracuse criminal defense attorney will seek to have the charge dropped, the case dismissed, or to secure an acquittal at trial. However, if the evidence that you committed a murder is conclusive, and if your conviction is inevitable, your defense lawyer:

1.  may negotiate with the prosecutor to reduce the charge against you
2.  may negotiate for reduced or alternative sentencing
3.  may in some cases file an appeal on your behalf

Let Passalacqua & Associates Advise and Represent You

If you are charged with murder or manslaughter in the Syracuse or Utica area, whether you are guilty or innocent, you must be advised and defended by a Syracuse criminal defense attorney at Passalacqua & Associates.

The award-winning team of defense attorneys at Passalacqua & Associates has more than three decades of experience defending those who are charged with the most serious crimes. We fight aggressively and effectively for every client and for the best possible conclusion to every case.

We have law offices in Utica, Syracuse, and Rome, but if you’re charged with manslaughter or murder anywhere in the state, currently or in the future, call Passalacqua & Associates – at once – at 315-277-3548 to arrange for a no-cost, in-depth evaluation of your case with no obligation.

How Do You Contest a Restraining Order?

If you are targeted with a restraining order in or near the Utica or Syracuse area, you will need the legal assistance and advice that a Syracuse restraining order defense attorney can provide, and you’ll need to get in touch with that attorney at once.

What does it mean to be the subject of a restraining order? If you’re served with a restraining order, what are your rights? What measures should you take? And what measures will a Syracuse defense attorney take on your behalf?

What is a Restraining Order?

Each year, nearly a million domestic violence incidents are reported to law enforcement agencies in the U.S., and about five hundred temporary restraining orders are issued every day in the State of New York.

According to the state’s Office for the Prevention of Domestic Violence, over 180,000 petitions for temporary restraining orders were filed in New York in 2021. Protective orders, restraining orders, and orders of protection all refer to the same type of court order. There’s no difference.

Which Courts Issue Restraining Orders?

Both criminal and family courts may issue restraining orders to protect alleged victims of crime and potential victims of domestic violence. Family courts specifically issue restraining orders for those seeking protection against domestic violence.

When a criminal defendant has allegedly harassed or stalked a stranger, a restraining order may be issued by a criminal court as a condition of that defendant’s release. Criminal court restraining orders are issued only against persons who face one or more criminal charges. If the criminal case is dismissed, the restraining order is vacated.

Restraining orders may also be issued by a New York Supreme Court. New York courts issue both temporary and permanent or “final” restraining orders. Temporary restraining orders may be issued immediately upon request and without a judicial hearing.

What Do Final Restraining Orders Provide?

A final restraining order issued by a family court may stay in effect for up to five years, and final restraining orders issued by criminal courts remain in effect for up to eight years. A restraining order from a New York Supreme Court at the end of a divorce proceeding stays in effect for life.

A final restraining order is a “limited” or “full” order. A limited restraining order may be issued if both parties are parents of the same child or children, and it allows limited contact. A full order bars any contact at all between the two parties.

What Do Restraining Orders Require?

Of course, a court order alone will not actually stop someone from stalking, harassing, or injuring another person, but a purported victim may report the violation of a restraining order and have the alleged abuser charged with contempt of court.

If you become the target of a temporary restraining order in the State of New York, you will be ordered to refrain from harassing, stalking, threatening, or injuring the person who requested the restraining order. In many cases, a restraining order may additionally order you to:

1.  avoid contact with the individual who requested the restraining order
2.  comply with a court’s child custody order
3.  comply with a court’s child support order
4.  move away from your home
5.  surrender to the police any firearms that are in your possession

How Do You Contest a Restraining Order?

Even if you believe a restraining order has been issued against you unjustly, you must comply with its conditions and terms. To contest a restraining order, you and your Syracuse restraining order defense attorney must ask for a hearing to show that the order should be withdrawn.

A restraining order doesn’t establish a criminal record, but if you violate a restraining order, you may face a contempt of court charge, and if you’re convicted of that contempt of court charge, you could be ordered to serve time in prison.

You can’t fight a restraining order by yourself. If you are targeted with a temporary restraining order, contact a Syracuse domestic violence defense lawyer immediately, and your lawyer will work to dissuade the court from issuing a final restraining order.

If the Claim Against You is Fabricated

Domestic violence poses a threat to many New York families, so authorities take domestic violence claims seriously, but judges, prosecutors, divorce lawyers, and defense attorneys also often deal with false claims of harassment and domestic violence.

Even if it’s based on a phony claim, a restraining order could force you out of your home. In a divorce, the custody of your child or children may be at stake.

Your Syracuse domestic violence defense lawyer may cast doubt on a false harassment claim or a false domestic violence allegation, but like every other claim made in a judicial proceeding, what is and isn’t “true” will, in the end, be determined by the court.

What Else Should You Know?

Whether the claim made against you is true or false, if you are the target of a restraining order, you should be defended and advised by a defense attorney who has considerable experience with restraining orders – a lawyer who will get to the truth and protect your rights.

But where can you find a lawyer who will provide personalized advice and fight aggressively and effectively for the truth – and for the justice you need?

Passalacqua & Associates Will Help You Fight a Restraining Order

Contacting a Syracuse defense lawyer at Passalacqua & Associates is your first step if you’ve been targeted by a restraining order or accused of violating a restraining order. If you’re the victim of a false claim, we’ll work to find the truth and ask the court to vacate its order.

Having the right defense lawyer can make the difference in these cases. Passalacqua & Associates will review your situation, clearly explain your options, and make sure that you’re treated justly and fairly throughout the legal process.

If you’ve been served with a restraining order in the Utica or Syracuse area, if you’ve been charged with the violation of a restraining order, or if a restraining order is issued against you in the future, call Passalacqua & Associates immediately at 315-277-3548.

Could You Be Charged With a Felony or a Misdemeanor?

If you are arrested and charged with a crime in the Utica or Syracuse area, whether you are charged with a misdemeanor or with a felony, you must get in touch as quickly as possible with a Syracuse criminal defense attorney.

Petty offenses are the least serious offenses in New York and are not considered crimes. These offenses include disorderly conduct, disturbing the peace, and several traffic violations. A conviction may be penalized with up to fifteen days in jail, a fine, and/or community service.

Misdemeanors are offenses that are considered less severe than felonies. While a felony conviction may lead to a lengthy prison sentence, a misdemeanor may be penalized upon conviction with fifteen days to one year in jail and/or a fine of up to $1,000.

How Are Misdemeanors Classified in New York?

Misdemeanors in New York are sorted into three classes:

1.  Class A misdemeanors: Class A misdemeanors are punishable on conviction with up to one year in jail and/or a fine. Class A misdemeanors include sexual misconduct, petit larceny, forcible touching, resisting arrest, and assault in the third degree.
2.  Class B misdemeanors: Class B misdemeanors may be penalized on conviction with up to ninety days in jail and/or a fine. Class B misdemeanors include unlawful assembly, prostitution, criminal possession of marijuana, and harassment in the first degree.
3.  Unclassified misdemeanors: The penalties for convictions for unclassified misdemeanors are spelled out in the specific laws that define each unclassified offense. Unclassified misdemeanors include reckless driving and several other traffic and vehicular offenses.

A misdemeanor conviction does not take away your right to vote, but if the misdemeanor is a “serious offense,” a conviction means that you will lose the right to buy, own, or carry a firearm. If you are charged with a misdemeanor, contact a Syracuse criminal defense lawyer at once.

How Are Felonies Handled in New York State?

The most serious crimes are felonies. Convictions for felonies may be penalized in New York with prison sentences that exceed one year. The most serious felony convictions in this state may be penalized with a life sentence. New York divides felonies into five classes:

1. Class A felonies: Class A felony convictions are punishable with life sentences. Class A felonies include aggravated murder, first- and second-degree murder, terrorism, first-degree kidnapping, and first-degree arson.
2. Class B felonies: Class B felonies may be penalized upon conviction with up to twenty-five years in prison. These felonies include sex trafficking, grand larceny in the first degree, assault in the first degree, and witness tampering in the first degree.
3. Class C felonies: A Class C felony is punishable upon conviction with potentially fifteen years in prison. Class C felonies include second-degree robbery, aggravated criminal possession of a weapon, second-degree burglary, and aggravated vehicular assault.
4. Class D felonies: Class D felony convictions in New York are penalized with up to seven years in prison. Class D felonies include aggravated identity theft, assault in the second degree, rape in the second degree, and reckless assault of a child.
5. Class E felonies: Convictions for Class E felonies in this state are punishable with up to four years in prison. Class E felonies include grand larceny in the fourth degree, persistent sexual abuse, and rape in the third degree.

A felony conviction may also result in losing your right to vote, to hold a professional license, or to own or buy a firearm. Both felony and misdemeanor convictions can make it difficult to find employment because most employers conduct criminal background checks before hiring.

Do Defense Attorneys Handle Felonies and Misdemeanors Differently?

You have the same rights whether you are charged and prosecuted for a misdemeanor or for a felony, and the legal rules are essentially the same. In order to convict you of either type of crime, the state must prove that you are guilty of the offense beyond a reasonable doubt.

Of course, much more will be at stake if you are facing a felony charge. The main procedural difference is that misdemeanor cases are handled in a standard and routine manner by the courts and are less likely to involve legal complications, lengthy delays, or surprises.

Because felonies are more complicated and more serious crimes, felony cases raise more legal issues and usually take more time. Because so much is on the line, both sides are more likely to be passionate, and both sides may use every available legal tool in their efforts to prevail.

What Else Should You Know?

The New York criminal justice system can be intimidating. Being charged with even a simple misdemeanor could have drastic consequences. But whether the charge is a misdemeanor or a felony, you must be represented by a Syracuse criminal defense attorney who will prepare the most appropriate, aggressive, and effective defense strategy on your behalf.

The evidence against you may be overwhelming, and your conviction may be inevitable. If this is the case, your attorney may negotiate for a lesser charge in return for reduced or alternative sentencing.

If you’re innocent, and if the charge cannot be dropped or dismissed, insist on your right to a jury trial. At trial, your Syracuse criminal defense lawyer will explain to a jury what actually took place, cast doubt on the state’s evidence, and tell the jurors why they should find you not guilty.

Passalacqua & Associates Fights Aggressively for Every Client

Whether you are charged with a petty offense, a misdemeanor, or a felony, a defense attorney at Passalacqua & Associates will fight for the best possible result in your case. The award-winning team at Passalacqua & Associates has over three decades of criminal defense experience.

We know from that experience what it takes to prevail in a misdemeanor or felony case. If you’re charged with a crime, Passalacqua & Associates will provide a no-cost, in-depth case evaluation with no obligation. It’s your opportunity to obtain personalized legal advice and to learn how New York law applies to your own circumstances.

In the Utica or Syracuse area, if you are charged with any criminal offense – now or in the future – promptly call Passalacqua & Associates at 315-277-3548, and let us bring our experience and legal know-how to your defense.

Have You Been Accused of Discharging a Firearm in Public?

If you discharge any firearm in public in New York State, you could be charged with a Class D felony, a Class E felony, or a Class A misdemeanor. If you are facing any of these charges, you must be represented by a Syracuse criminal defense lawyer, and you’ll need to get in touch with that lawyer as quickly as possible.

Gun laws in New York are established to prevent criminals – as well as those who threaten to harm themselves or others – from possessing or buying guns. The right of a law-abiding citizen to bear arms is recognized and honored. Only the most dangerous assault weapons are banned.

What Acts Are Explicitly Prohibited?

New York State’s gun laws regulate the use, possession, and sale of firearms and ammunition across the state, except for New York City, which has established its own firearm licensing regulations. The following acts are specifically prohibited under New York State law:

1.  firing a weapon at a train, aircraft, or motor vehicle
2.  firing a weapon in any public location
3.  pointing a firearm at someone without malice
4.  firing a weapon toward someone without malice
5.  injuring someone by firing a weapon without malice
6.  using a dangerous weapon for hunting in or near a city or within 500 ft of a residence

What Else Should You Know About Discharging a Firearm in New York?

You may not discharge a firearm in this state within five hundred feet of any school, playground, occupied church or factory, farm building, dwelling, or structure unless you own or lease it, are an immediate family member, an employee, or have the consent of the owner.

However, these rules do not apply to discharging a shotgun over water if you are hunting migratory game birds and if no livestock, public structure, dwelling, or person is in your line of fire.

Gun owners should also be aware that throughout the State of New York, a number of local ordinances also address the discharge of a firearm outdoors.

What About Discharging a Firearm While Committing a Crime?

If someone fires a weapon during the commission of a robbery, murder, assault, carjacking, drug crime, gang crime, domestic assault, or a crime of terrorism, the illegal discharge of a firearm adds a potential sentence enhancement or a second felony charge to the prosecution’s case.

Additionally, federal law prohibits the discharge of a firearm during the commission of a federal crime. A conviction for the discharge of a firearm during the commission of a federal crime may be penalized with up to ten years in a federal prison.

What Are the Penalties for a Conviction?

Whether the specific charge you are facing is a felony or a misdemeanor, if you are accused of discharging a firearm in public (or violating any other firearms law in New York), you must be advised and defended – as quickly as possible – by a Syracuse firearms attorney.

A misdemeanor conviction can put someone behind bars for up to a year. A Class E felony conviction may be penalized with up to four years in prison, and a Class D felony conviction with up to seven years in prison. The charge depends on exactly how the law was violated:

1.  Injuring someone by firing a loaded weapon without malice is a Class A misdemeanor.
2.  Pointing a weapon at a person and firing it without malice is a Class A misdemeanor.
3.  Firing a weapon in any public place is a Class A misdemeanor.
4.  Firing a weapon at an aircraft or train and endangering a life is a Class D felony.
5.  Firing at an aircraft or train with no intent to endanger a life is a Class E felony.
6.  Hunting with a dangerous weapon in or near a city is a Class A misdemeanor.

How Will an Attorney Defend You?

What is your attorney’s first step if you are accused of discharging a firearm in public? Your Syracuse criminal defense lawyer will probably seek to have the prosecutor drop the charge, or your lawyer may file a motion with the court to have the case dismissed.

If these options are not available to you, and if the evidence of your guilt is persuasive, your defense attorney may negotiate a plea deal for reduced sentencing or alternative sentencing. Carefully consider any plea deal that is offered and discuss the offer with your attorney.

However, if you are innocent and you did not discharge a firearm in public, in most cases, you should exercise your right to a trial, enter a not guilty plea, and help your lawyer prepare an effective defense strategy.

What Are the Defenses to Discharging a Firearm in Public?

Several defenses may be offered against the charge of discharging a firearm in public. At a trial, a Syracuse firearms attorney will probably offer one of these defenses, cast doubt on the state’s case against you, and explain to a jury why you should be acquitted. Possible defenses include:

1.  You discharged the weapon as part of your official duties.
2.  You discharged the weapon accidentally.
3.  You discharged the weapon while acting in self-defense or another person’s defense.
4.  Another person discharged the weapon and you have been misidentified.
5.  No weapon was discharged and the claim against you has been fabricated.

Charged With a Firearms Violation? Call Passalacqua & Associates

If you are accused of discharging a firearm in public in the State of New York, Passalacqua & Associates can make the difference. Our award-winning criminal defense attorneys have more than thirty years of courtroom experience, and we know what it takes to prevail on your behalf.

New York enforces some of the nation’s toughest gun laws, and anyone who is charged with violating a New York gun law cannot expect leniency. You must be defended by a lawyer who has substantial experience and a record of success – a lawyer at Passalacqua & Associates.

If you are currently charged with discharging a firearm in public in or near the Syracuse or Utica area – or anywhere in the state of New York – or if you find yourself facing this charge in the future, call Passalacqua & Associates as quickly as possible at 315-277-3548 to schedule an in-depth case evaluation with no cost or obligation.