Passalacqua & Associates

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 315-500-6425 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 315-500-6425. 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 315-500-6425 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 315-500-6425 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 315-500-6425.

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 315-500-6425, 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 315-500-6425 to schedule an in-depth case evaluation with no cost or obligation.

Have You Been Charged With a Crime After a Previous Conviction?

If you are charged with a crime in the State of New York, and you have a previous criminal conviction, you are going to need the advice and services of a Syracuse criminal defense attorney, and you will need to get in touch with that attorney as quickly as possible.

In this state, the outcome of a criminal case may be affected in several ways if you have one or more previous convictions. Your criminal record may determine what plea deals are offered by the state, and it may affect a judge’s decision about your sentence if you are convicted at trial.

When Are Prosecutors Barred From Telling Juries About Previous Convictions?

However, in a New York criminal trial, a prosecutor cannot introduce a defendant’s previous criminal conviction(s) into evidence merely in order to demonstrate to a jury that the defendant has a propensity to commit crimes.

In other words, a prosecutor can’t tell or imply to the jury that because you have committed crimes in the past, you must be guilty this time as well. A prior conviction may be introduced during a criminal trial only if the conviction is pertinent to a specific issue in the proceeding.

When May a Prosecutor Tell a Jury About a Previous Conviction?

When is a prior conviction pertinent to a specific issue in a criminal case? Let’s say, for example, that you were convicted of committing an assault, and after you served your sentence, you decided to stalk the person you assaulted.

If you are prosecuted for stalking, your assault conviction will be admissible at trial because it was your motive for stalking your victim. A prosecutor may also bring previous convictions to a jury’s attention in order to demonstrate your modus operandi to the jurors.

For example, if you are tried for committing an armed robbery while you were wearing a Donald Duck mask, and you have previous convictions for armed robberies where you wore a Donald Duck mask, the prosecutor may try to introduce those previous convictions as evidence against you.

How Do Previous Convictions Affect Your Testimony?

If you choose to testify on your own behalf at a criminal trial, a New York prosecutor may be allowed to use your previous convictions to persuade the jurors that you should not be believed because you have already demonstrated a disregard for the truth.

Typically, however, a prosecutor cannot bring up a conviction that is more than ten years old. Additionally, the court may allow a prosecutor to mention only those convictions that are related to the issue of your trustworthiness or honesty.

For example, a judge in a criminal case may allow a prosecutor to mention a previous conviction for theft or fraud – crimes of dishonesty – but that same judge may bar the prosecutor from bringing up previous convictions for crimes like assault or driving while intoxicated.

How Do Previous Convictions Affect Plea Bargaining?

Prosecutors in New York are typically more lenient to defendants who have never been in legal trouble before. For example, a misdemeanor theft that is a first offense may be penalized upon conviction with only a few hours of community service and/or an order to pay restitution.

However, if you have a previous criminal conviction, your chances of getting a “good deal” from a prosecutor are diminished, and if you have multiple previous convictions, you may not be offered any type of plea deal or leniency.

If you receive a plea bargain offer from a New York prosecutor, consider it seriously, and discuss that offer with your Syracuse criminal defense lawyer before you accept or reject it.

How Do Previous Convictions Affect Sentencing?

In some cases, the law in New York removes a judge’s discretion and requires harsher sentences for defendants with prior convictions. Mandatory minimum sentences are also sometimes required for defendants who have previous convictions.

For example, if you are facing a felony charge, and you have received a felony conviction within the past ten years, you are classified under the law as a “predicate felon,” and a judge will not have the discretion to sentence you as if you were a first-time offender.

Additionally, offenses such as DWI (driving while intoxicated) entail incrementally harsher sentences with each conviction. In New York, for example, a second DWI offense within ten years of a first, misdemeanor DWI conviction is automatically charged as a felony.

When Should You Contact a Defense Attorney?

If you are charged with a crime in or near the Syracuse or Utica areas, it is essential to contact the offices of a Syracuse criminal defense attorney at once. Your lawyer will review the evidence, determine what actually happened, and bring your case to its best possible outcome.

In most criminal cases, a defense attorney will seek to have the prosecution drop the charge or will file a motion to dismiss the case. But if the evidence of your guilt is persuasive, and if the prosecutor is willing, your lawyer may negotiate an acceptable plea deal.

However, if you are innocent, in most cases, you should insist on your right to a jury trial. At trial, your lawyer will cast doubt on the state’s case, tell the jury what actually took place, and ask the jury to find you not guilty.

Let Passalacqua & Associates Represent and Defend You

How can you locate a Syracuse criminal defense lawyer who will prioritize your case and fight effectively for the justice you need? The team at Passalacqua & Associates has more than thirty years of experience successfully defending those charged with crimes in New York State.

With offices in Rome, Utica, and Syracuse, Passalacqua & Associates will fight aggressively to ensure that you are treated fairly and justly by the court, whether you have previous convictions or you’re being charged with a crime for the first time.

If you are charged with any felony or misdemeanor – whether it’s a first offense or you have one or more prior convictions – promptly contact Passalacqua & Associates at 315-500-6425. Our legal team will provide you with a free and in-depth evaluation of your case with no obligation.

When is the Possession of a Firearm a Felony in New York?

In the State of New York, a conviction for a gun crime could send you to jail or prison. If you’re charged with the illegal possession of a firearm in this state, you must be advised and represented by a Utica and Syracuse firearms attorney, and you must contact that attorney immediately.

Police agencies in New York seized more than 10,000 illegally-owned firearms in 2022. Some firearms are banned entirely. In most cases, for example, it is illegal in New York to own or possess a short-barreled shotgun, a short-barreled rifle, or a machine gun.

Knowing the law is essential for anyone who wants to possess, own, or carry a firearm in New York. Federal law bars you from possessing or owning a firearm after a felony conviction or a domestic violence misdemeanor conviction. And New York law bars anyone with ANY prior conviction from possessing any firearms.

How is a “Firearm” Defined by State Law?

New York law defines the following weapons as firearms:

1.  assault weapons
2.  pistols and revolvers
3.  rifles with one or more barrels under sixteen inches
4.  shotguns with one or more barrels under eighteen inches
5.  weapons made from rifles or shotguns

What Should You Know About New York’s Gun Laws?

The law in New York does not require a license in order to own a manually-operated action rifle or a shotgun, but a permit is required to own or possess a handgun.

Firearms in this state must comply with the New York SAFE Act. The SAFE Act makes it illegal to own the weapons it defines as assault weapons unless those weapons were owned and registered on or before April 15, 2014.

Before the SAFE Act, having a firearm in your home or an unloaded firearm outside of your home – if that firearm was not registered or licensed – was a misdemeanor. Now, it’s a felony, and the weapon does not even have to be loaded or used in a violent or threatening manner.

What Are New York’s Specific Firearms Possession Charges?

If there are no aggravating circumstances, the charge for illegally owning or possessing a firearm in New York is criminal possession of a firearm in the fourth degree, a Class E felony. A conviction may be penalized with a fine, probation, and/or a prison sentence.

Third-degree criminal possession of a firearm, a Class D felony, is the possession of three or more firearms without a license or the possession of a firearm outside of your residence or workplace if you have a felony or Class A misdemeanor conviction in the previous five years. A conviction carries a mandatory prison sentence of at least two years.

Second-degree criminal possession of a firearm is a Class C felony. This is the charge for possessing a loaded firearm outside of your home or workplace. A conviction carries a mandatory prison sentence of at least three-and-a-half years.

First-degree criminal possession of a firearm, a Class B felony, is the charge when someone knowingly and illegally possesses ten or more firearms. First-degree criminal possession of a firearm may be penalized upon conviction with a minimum mandatory term of five years in prison, the possibility of twenty-five years in prison, and a fine of up to $30,000.

When Should You Contact a Firearms Attorney?

If you’re charged with the unlawful possession of a firearm in or near the Syracuse area, you must contact a Syracuse firearms lawyer as quickly as possible. To convict you of the charge, the state must prove that you were linked or tied in some way to the weapon.

However, you could be mistakenly charged with the criminal possession of a firearm for a variety of reasons: a misidentification, a misunderstanding, or even because of a fabricated claim against you.

If you are convicted of the criminal possession of a firearm, you will probably be sentenced to prison. Like any other criminal charge, if you’re charged with unlawfully possessing a firearm, you have the right to remain silent and the right to legal counsel.

How Will Your Attorney Defend You?

If you are arrested, and if the police ask to interrogate you, say something like “I prefer to exercise my right to remain silent until my lawyer can be present,” and say nothing more. Your Syracuse firearms attorney will work to uncover the truth and win the justice you need.

The standard defense to the criminal possession of a firearm charge is that you did not actually own or possess the weapon. In these cases, the state must prove an association between the defendant and the firearm, and if no tie or link can be demonstrated, the state’s case will fail.

Another possible defense strategy – for someone who is allowed to own legal firearms – is to prove that the firearm in question was not actually illegal. The law spells out – in rather extensive detail – which firearms are and are not legal in New York.

Where Can You Find the Legal Help You May Need?

If you’re charged with a firearms violation in or near Syracuse, the right Syracuse firearms lawyer can make the difference. The award-winning defense attorneys at Passalacqua & Associates have over three decades of criminal defense experience.

When you become our client at Passalacqua & Associates, your case becomes our priority. We investigate the charge against you, review the evidence, and act to have the charge against you dropped or the case dismissed.

If the evidence against you is overwhelming, and a conviction is inevitable, we negotiate on your behalf for reduced or alternative sentencing. If your case goes to trial, we cast doubt on the state’s evidence, and we explain to the jurors why they should find you not guilty.

If you’re charged with possessing a firearm illegally in the Utica or Syracuse area, or if this happens to you in the future, contact Passalacqua & Associates immediately by calling 315-500-6425 to schedule a free case evaluation with no obligation.

What Happens if You Will Not Submit to a Breathalyzer Test?

In New York, “driving while intoxicated” (or “DWI”) is the term used for driving under the influence of drugs or alcohol. If you’re charged with DWI in the Utica or Syracuse area, it usually means that you failed a DWI test, and you’ll need the advice and services of a Utica or Syracuse DWI attorney.

But what if you refuse to take a DWI test – a urine, blood, or breathalyzer test – when a law enforcement officer requests it? Refusing to test can lead to an arrest, and so if you refuse to take a DWI test, you’re also going to need the help of a Utica or Syracuse DWI lawyer.

When a law enforcement officer in the State of New York believes that a motorist is impaired by alcohol, that motorist may be asked to take a series of field sobriety tests, which is usually followed by a pre-arrest portable breathalyzer test (or “PBT”).

What Does “Implied Consent” Mean in New York?

Although some states do not require a driver to submit to a DWI test prior to an arrest, New York does, sort of. “Implied consent” in New York means that:

1.  Merely by driving in New York, you have implied your consent to DWI testing.
2.  A law enforcement officer in this state MAY request it, BUT you DO NOT have to submit to a DWI test, or ANY standardized field sobriety tests.

When a police officer has probable cause to believe a motorist is impaired, that officer may ask the motorist to take a portable breath test with a handheld breathalyzer that measures the driver’s blood alcohol concentration (BAC) level. A 0.08 percent BAC level is the “legal limit.” You do NOT have to submit to this test. There is a simple traffic ticket that you may be issued for refusing to submit to the test (non-moving, zero points).

What Should Drivers Know About “Portable” Breath Tests?

PBT results are less reliable than the chemical DWI tests that use more sophisticated devices, and PBT test results usually cannot be introduced at trial. However, the result of a PBT test can provide a police officer with the probable cause that is legally required to make a DWI arrest.

A motorist who refuses a roadside PBT test prior to an arrest may be charged with a traffic infraction – but not with a criminal offense – whether or not that motorist is eventually arrested for DWI, and the infraction is dealt with separately from any DWI charge.

Nevertheless, a conviction for a refusal to take a roadside PBT test before a DWI arrest may be penalized with costly fines, fees, and surcharges.

What if You Refuse to Test After You’ve Been Arrested?

After a DWI arrest, the police may ask a motorist to take a DWI test with a more sophisticated breathalyzer or to provide a urine or blood sample. The results of these tests are admissible in a DWI proceeding.

After a DWI arrest, a refusal to test is NOT considered a crime. It may trigger an administrative hearing where the DMV may suspend your license for one (1) year, for refusing to submit to a formal breath test.

Additionally, a refusal to test can be offered as evidence against you at a criminal DWI trial. The prosecution can argue that you knew you were driving while intoxicated, and that’s why you refused to take a DWI test.

Can Someone Be Forced to Provide a Blood or Breath Sample?

In most circumstances, the police cannot force you to take a DWI test. However, if you have been involved in a traffic collision where someone was killed or injured, the police may seek an immediate court order or warrant which will allow them to obtain a sample of your blood.

In the Utica or Syracuse area, if you’re charged with DWI, or if you’re charged with a refusal to test – either before or after an arrest – you must be advised and defended by a Utica and Syracuse DWI attorney who will challenge any evidence introduced against you.

Do not enter a guilty plea, and do not attempt to act as your own attorney. Pleading guilty may seem expedient, but pleading guilty to a DWI charge will negatively impact your life for years into the future.

Are There Any Defenses for a Refusal to Test?

There are several valid reasons why someone may refuse to submit to a DWI test, and if you are charged with refusing to test, your Utica and Syracuse DWI lawyer may introduce one of these defenses on your behalf:

1.  Certain medical conditions may prevent some people from having enough breath to measure their BAC levels. This defense only works, however, if a medical authority acting as an expert witness confirms it with testimony at trial or a written statement.
2.  Law enforcement officers must use precise, clear language when they explain what will happen to a motorist who refuses to test. Law enforcement officers must also provide precise, clear instructions about how to use the breathalyzer device.

Motorists in this state may consult a lawyer before they agree to a BAC test, and police officers, if necessary, must provide telephone access. Any failure to allow a suspect to speak with a lawyer can be used to attempt t0 obtain a dismissal of the charge. A Utica and Syracuse DWI defense lawyer may also challenge the results of a breathalyzer test by seeking answers to the following questions:

1.  Was the officer who conducted the test properly trained and credentialed?
2.  Was the test properly administered?
3.  Was the breathalyzer device properly maintained and calibrated?

If You Need a DWI Attorney, Choose Passalacqua & Associates

If you are placed under arrest in the Utica or Syracuse area and charged with driving while intoxicated and/or with refusal to test, a lawyer at Passalacqua & Associates will protect your rights and bring your DWI or refusal to test case to its best possible resolution.

Passalacqua & Associates has a proven track record in DWI cases. If you are charged with DWI, now or in the future, our legal team will provide you with an initial case evaluation without any obligation or cost. We represent clients in and near the Utica and Syracuse areas.

Get the help you need with a DWI charge or a refusal to test charge – now or in the future – by calling Passalacqua & Associates at 315-500-6425 as soon as possible after you’ve been arrested or charged with DWI or refusal to test.