Passalacqua & Associates

What Distinguishes Larceny From Robbery in New York?

In the Syracuse area, if you’re charged with a crime that involves stealing – a crime such as embezzlement, larceny, robbery, or fraud – you will need to be represented by a Syracuse criminal defense attorney, and you’ll need to call that attorney’s office as quickly as possible.

What are the differences between robbery and larceny? Larceny is simple theft, while robbery may include the use of intimidation, weapons, or force. Larceny does not involve intimidation, force, weapons, or illegal entry.

What Constitutes Larceny in New York?

In this state, larceny happens when someone knowingly intends and acts to deprive, either temporarily or permanently, property from its owner. The exact sentence that someone will serve for a larceny conviction depends in part on the stolen property’s value when the crime occurs.

A larceny in this state is considered either a “petit” (petty) larceny or a grand larceny. A petit larceny is the theft of property valued at or below $1,000. Petit larceny is a Class A misdemeanor, and a petit larceny conviction may be penalized with a jail sentence and a fine.

How Are Grand Larceny Cases Handled?

Grand larceny is considered a felony in this state, and a grand larceny conviction triggers a mandatory minimum one-year prison term. When the stolen property is valued:

1. at over $1,000,000, grand larceny is a Class B felony
2. from $50,000 to $1,000,000, grand larceny is a Class C felony
3. from $3,000 to $50,000, grand larceny is a Class D felony
4. from $1,000 to $3,000, grand larceny is a Class E felony

If you steal an ATM machine, you’ll be charged with a Class D felony. If you extort someone to steal property or cash, you’ll be charged with a Class C felony without regard to the property’s value. The courts also fine most offenders who are convicted of grand larceny, and the fine is usually twice the value of the stolen property.

What Constitutes Robbery?

A robbery happens in New York when someone who is perpetrating a burglary or theft uses or threatens to use immediate physical force to:

1. prevent or overcome resistance to taking the property illegally
2. compel the owner of the property (or someone else) to surrender the property or otherwise assist in the crime

Every robbery charge in New York is a felony, and a robbery conviction entails a minimum mandatory prison sentence.

How is First-Degree Robbery Defined?

First-degree robbery in New York is a Class B felony. An individual in New York commits a robbery in the first degree when he or she forcibly steals property, and while committing that theft or immediately thereafter, that individual or another perpetrator of the crime also:

1. carries a deadly weapon
2. brandishes a firearm or any item that is perceived by the victim(s) to be a firearm
3. uses or threatens to use a dangerous instrument
4. seriously physically injures anyone who did not take part in the crime

How is Second-Degree Robbery Defined?

Second-degree robbery is a Class C felony. An individual commits a robbery in the second degree in New York when he or she uses force to steal property and:

1. That individual is assisted by another person who is actually present.
2. That individual or another perpetrator of the crime physically injures someone who did not take part in the crime.
3. That individual or another perpetrator displays a firearm or an item that is perceived by the victim(s) to be a firearm.
4. The stolen property is a motor vehicle.

How is Third-Degree Robbery Defined?

In New York, a robbery with no other aggravating factors is usually prosecuted as robbery in the third degree. To convict a defendant of a third-degree robbery charge, the state must prove that the defendant committed larceny and used or threatened to use immediate physical force on another person for the purpose of taking or retaining the property being stolen.

Should You Take a Plea Deal?

If you are charged with either robbery or larceny, your Syracuse felony defense lawyer will speak to the prosecutor and try to resolve your robbery or larceny case. What happens will depend on the details of the case, the prosecutor, and your own defense attorney.

Do not try to act as your own lawyer. Criminal law in New York is complex, and your freedom and future will be at risk. Any mistake could result in a conviction. And do not agree to a plea deal until you’ve discussed the deal with your Syracuse criminal defense attorney.

In most plea deals, a defendant pleads guilty to a reduced charge and receives a reduced penalty. A grand larceny charge may be lowered to petit larceny, for instance, or a first-degree robbery charge may be reduced to second-degree robbery. However, if you’re innocent, in most cases, you shouldn’t accept a plea offer.

How Can You Fight a Larceny or Robbery Charge?

Instead, if you are innocent of larceny or robbery, insist on your right to a trial by jury. At trial, a good defense lawyer will work to help you avoid a conviction. After reviewing the specifics of the state’s case against you, your lawyer may present one of these defenses at trial:

1. You reasonably believed that you had a right to or legally owned the property or cash, and you did not have criminal intent.
2. You have been misidentified, and someone else perpetrated the larceny or robbery.
3. The larceny or robbery allegation has been fabricated, and no theft actually took place.

When Should You Call an Attorney?

If you’re charged with a theft crime such as larceny or robbery – now or in the future – you must have sound legal advice and effective defense representation immediately. Make the call – at your very first opportunity – to a Syracuse criminal defense lawyer.

If you’re facing a criminal charge, don’t assume that you’ll be convicted. To convict you of any robbery or larceny charge, the state must prove beyond a reasonable doubt that you’re guilty as charged, and that may not be easy.

Your attorney will cast doubt on the prosecution’s evidence, and your attorney will fight to have the charge reduced or dropped or the case dismissed. If necessary, your attorney will defend you aggressively at trial.

Passalacqua & Associates Will Fight for the Justice You Need

If your freedom and your future are on the line, having the right New York criminal defense attorney can make the difference. The award-winning attorneys at Passalacqua & Associates have more than thirty years of successful criminal defense experience.

We know what it takes to win a larceny or robbery trial, but if the evidence against you is overwhelming, we will negotiate for the best possible plea arrangement. We have a proven track record in larceny and robbery cases.

If you are in the Syracuse or Utica area, and you are currently charged with larceny or robbery – or if that happens to you in the future – call Passalacqua & Associates promptly at 315-277-3548 to schedule a no-cost case evaluation and to begin preparing your defense.

Have You Lost a Loved One Because Someone Else Was Negligent?

Have you unexpectedly and abruptly lost a family member due to another person’s recklessness, negligence, or intentional wrongdoing? If you’ve lost a loved one this way – or if this happens to your family in the future – arrange at once to consult a Syracuse wrongful death attorney.

Far too often, traffic crashes are the cause of wrongful deaths in the Syracuse area. Medical malpractice also continues to be a leading cause of wrongful death. If someone dies because someone else was reckless or negligent, what recourse do the surviving family members have?

Who May File a Wrongful Death Claim?

After a wrongful death in the State of New York, a wrongful death lawsuit may be filed by the decedent’s spouse, child, or parent. Another person may bring a wrongful death claim only if that person has been named as the representative or executor of the decedent’s estate.

After the tragic and abrupt loss of someone you love, a wrongful death action may help the survivors move forward with their lives and avoid financial hardship. How is a “wrongful” death defined in New York, and what does it take for a family to prevail with a wrongful death claim?

What Constitutes Wrongful Death in New York?

The law in New York defines “wrongful death” as a death caused by another person’s “wrongful act, neglect or default,” meaning a death that would have entitled the decedent to file a personal injury lawsuit if the decedent had survived.

Wrongful death is not unusual in this state. Traffic fatalities caused by reckless and negligent motorists are considered wrongful deaths. A child can become a wrongful death victim if he or she tries to pet an aggressive dog or enters into an unlocked swimming pool area.

Accidental deaths at construction sites are usually wrongful deaths. Wrongful deaths happen far too frequently in on-the-job accidents, incidents of medical malpractice, traffic crashes, and whenever recklessness or negligence causes a preventable death.

How Can Your Family Prevail With a Claim for Wrongful Death?

A wrongful death case is handled like a personal injury case. To prevail with a claim for wrongful death in the State of New York, the surviving family members (or “plaintiffs”) and their Syracuse wrongful death lawyer must prove the following “elements” of the wrongful death claim:

1.  The defendant (that is, the party being sued) legally owed the victim a duty of care (for example, to drive safely, to eliminate dangerous hazards on a private property, or to perform a surgery with proper care and diligence).
2.  The defendant breached the legal duty of care, thus causing the victim’s wrongful death.
3.  The wrongful death resulted in economic damages (medical bills and lost wages, for example) along with noneconomic damages such as personal pain and suffering, and the decedent’s survivors are entitled by law to recover compensation for these damages.

Will Your Wrongful Death Claim Require a Trial?

Most wrongful death claims are resolved privately and outside of the courtroom. However, if your claim cannot be privately settled, and your case goes to trial, your wrongful death attorney must prove each of the elements of your claim.

For example, even if your attorney proves that a defendant’s negligence caused your loved one’s death, you can’t recover compensation unless your attorney also proves that you have suffered compensable damages.

In some cases, a wrongful death attorney may solicit testimony or a statement from a medical authority, a crash reconstruction specialist, or another expert witness in order to prove one or more elements of your wrongful death claim.

When Will You Need a Wrongful Death Lawyer?

Your family’s grief may be inconsolable after losing a loved one, and no sum of money can truly compensate you for that loss, but your family’s future is a genuine concern. You must arrange to speak with a Syracuse & Utica wrongful death attorney as soon as you can after a wrongful death.

New York’s statute of limitations for a wrongful death claim gives the surviving family members two years after the death to take legal action, but you cannot wait for two years to speak with an attorney. Your family needs to contact a Syracuse wrongful death lawyer as soon as possible.

If your loved one died in a traffic crash, for instance, your lawyer needs to review the evidence while it’s fresh and question any witnesses before their recollections fade. Evidence can deteriorate or disappear over time, and witnesses can also disappear or become difficult to locate.

What Can Surviving Family Members Recover?

The compensatory damages that family members can recover are both “noneconomic” and “economic” damages. Economic damages reimburse family members for the financial losses that arise from a wrongful death, such as:

1.  the funeral and cremation or burial costs
2.  the decedent’s final medical bills
3.  the future benefits and wages that would have been earned if the decedent had survived
4.  the replacement or repair of property damaged or destroyed in the wrongful death event

Noneconomic damages are intended to compensate survivors for the noneconomic losses they sustain due to the wrongful death, such as:

1.  the loss of the decedent’s guidance, companionship, and affection
2.  the loss of the services that the decedent provided
3.  the emotional pain and suffering of the survivors

Some states place a cap on the amount that juries may award in wrongful death cases, but not New York. The law in this state ensures that a victim’s family is not denied any of the compensation they may need.

Passalacqua & Associates is Here for Your Family

Now or in the future, having the right New York wrongful death lawyer can make the difference when your family files a claim for wrongful death. The award-winning legal team at Passalacqua & Associates has over three decades of experience representing wrongful death survivors.

Passalacqua & Associates knows what it takes to succeed with your family’s claim for wrongful death. We have a proven track record in wrongful death and personal injury cases. We represent the survivors of wrongful death on a contingent fee basis, so your family will pay no fee up front and no attorney’s fee until and unless Passalacqua & Associates recovers your compensation.

If you’re in or near the Utica or Syracuse area, you can learn more about your rights as a wrongful death survivor – or begin the legal process now – by calling Passalacqua & Associates at 315-277-3548 to schedule a no-cost, no-obligation evaluation of your wrongful death claim.

Have You Been Charged With DWI?

In many jurisdictions across the United States, the most frequently charged crime is driving while intoxicated (DWI). In the State of New York, if you are charged with driving while intoxicated, you’re going to need legal help and representation from a Syracuse DWI attorney.

Even for a misdemeanor first DWI offense, if you are convicted, your New York driver’s license could be revoked, you will be fined, and you could conceivably serve time in jail, up to 1 year! Second and subsequent DWI convictions are penalized with even harsher sentences, and are potentially felony level offenses!

The best outcome in a DWI case, of course, is avoiding a conviction. You will avoid a conviction if your Syracuse DWI lawyer has the charge dropped, has the case dismissed, or wins an acquittal for you at trial. What does it take to achieve one of these outcomes in a DWI case?

Do Not Plead Guilty

If you are 21 or older, and if you are driving in New York with a blood alcohol content (BAC) level at or above 0.08 percent, you can be charged with driving while intoxicated. If you drive with a blood alcohol content level at or above 0.18 percent, the charge is aggravated DWI.

Those who fight a DWI charge with an attorney’s help are often successful. You may believe that pleading guilty is the expedient way to deal with a DWI charge, but a guilty plea means you will be convicted, you will have a criminal record, and you will face at least the minimum penalties.

If you are not a citizen of the United States, a DWI conviction may cause immigration authorities to begin a removal proceeding. If you hold a professional license in this state, a driving while intoxicated conviction may trigger disciplinary action by your state professional licensing board.

Pleading guilty to driving while intoxicated will also raise your car insurance rates, and if driving is your job or necessary for your job, you may have difficulty keeping that job or finding other work. A criminal record can even impair your ability to find housing or to qualify for a loan.

What Are the Penalties for a DWI Conviction?

As mentioned previously, the penalties for a first DWI conviction in New York usually include a fine, a license revocation, and possibly time in jail. For a second conviction within ten years, the fine is costlier, the license revocation is longer, and a lengthy prison sentence may be imposed.

Obviously, if you are being charged with driving while intoxicated, you must take steps at once to avoid a conviction. Your freedom and future will be at stake. Your first step is to contact – at once – the law offices of an experienced New York DWI attorney.

How Can You Get the Best Outcome to a DWI Case?

If you truly believe that you are not guilty of a driving while intoxicated charge, take these steps: contact a DWI defense attorney as quickly as possible; plead not guilty when a judge asks you to enter a plea; and insist on your constitutional right to a trial by jury.

Even if the state’s evidence is stacked against you, an experienced DWI lawyer can usually offer something helpful. If your conviction is inevitable, the best outcome may be a plea deal. In most plea deals, you’ll plead guilty to a lesser charge and receive reduced or alternative sentencing.

Discuss with your DWI lawyer the pros and cons of any plea deal offered to you by a New York prosecutor. Your lawyer will tell you if you should accept or reject the offer. While your lawyer’s advice should be taken seriously, the final decision to accept or reject a plea deal is yours alone.

How Will Your Attorney Handle Your Case?

When you ask a Syracuse DWI lawyer to represent you in a DWI case, that lawyer will review the evidence against you, listen closely to your side of the story, answer your questions, protect your legal rights, and develop an appropriate and effective defense strategy on your behalf.

If law enforcement officers had no probable cause to pull you over in traffic, if you were illegally or falsely arrested, or if the officers gathered or discovered evidence illegally, your DWI attorney may file a motion to suppress that evidence or may simply ask the court to dismiss the case. All too often we see officers administer the Standardized Field Sobriety Tests incorrectly or give wrong or conflicting instructions, all of which are supposed to be standardized, thus the term.

In some cases, your lawyer may choose to challenge the breathalyzer evidence. Breathalyzer tests may be inaccurate for a number of reasons, and breathalyzer devices can be subject to malfunctions. The police must conduct breathalyzer exams legally and according to procedures.

How Will Your Attorney Defend You at Trial?

In most DWI cases, a breath test will, in fact, give the police a relatively accurate measurement of someone’s BAC level, but breathalyzer devices are not always reliable, and in a DWI trial – with your future and freedom at stake – your guilt must be proven beyond a reasonable doubt.

At trial, your defense attorney will find any weaknesses in the state’s case and will cast doubt on the state’s evidence against you. If your rights were violated or if your breath test results were inaccurate, your attorney will explain what happened and ask the jurors to find you not guilty.

Don’t trust your freedom and future to an untested attorney. To obtain the best possible outcome, you must be advised and represented by a New York DWI defense lawyer who has substantial experience representing driving while intoxicated defendants and prevailing on their behalf.

Take Your DWI Case to Passalacqua & Associates

More than 25,000 driving while intoxicated arrests were made by law enforcement officers in the State of New York in 2022. Some of those arrested were innocent, but whether you are innocent or guilty of DWI, you will need to be represented by the legal team at Passalacqua & Associates.

The award-winning DWI defense attorneys at Passalacqua & Associates have over three decades of experience defending those charged with DWI in this state. We routinely represent defendants who are charged with DWI, and we are dedicated to winning the best outcome for every client.

Our law offices are located in Rome, Utica, and Syracuse. If you are charged anywhere in the State of New York with driving while intoxicated, now or in the future, contact Passalacqua & Associates immediately at 315-277-3548 for a no-cost, no-obligation, in-depth case evaluation.

Can You Recover Compensation for a Slip-and-Fall Injury?

If you’re in the Syracuse or Utica area, and you’re injured in a slip-and-fall or a trip-and-fall accident because of a property owner’s negligence, schedule a consultation immediately to review your legal rights and options with a Syracuse slip-and-fall attorney.

If you suffer an injury in a slip-and-fall accident on another person’s property, what’s your legal recourse? What steps should you take? When should you reach out to a Syracuse premises liability lawyer for the legal advice and representation you may need?

If you’ll keep reading this short discussion of slip-and-fall accidents, premises liability law, and your rights in New York as the injured victim of another person’s negligence, you’ll find the answers that, now or in the future, you or someone you love may need.

What is Required of Property Owners in New York?

Serious slip-and-fall or trip-and-fall injuries may be sustained in a variety of ways, including but not limited to:

1.  on a sidewalk, tripping on cracked or uneven pavement
2.  in a parking area, tripping on a pothole
3.  at a restaurant or supermarket, slipping on a damp floor

Under the law in New York, businesses, homeowners, and landlords must maintain their properties to keep the premises “reasonably” free of potential dangers to visitors, tenants, employees, customers, and passers-by.

How Are Slip-and-Fall Injuries Likely to Happen?

Businesses must repair potholes in their parking lots and uneven pavement on their sidewalks. A supermarket’s employees are obligated to keep the market’s floors dry and the aisles reasonably uncluttered.

Slip-and-fall injuries on business properties can also happen because of:

1.   parking lots and staircases with poor lighting
2.  old staircases, particularly wooden staircases
3.  oil or ice on pavement or sidewalks
4.  curled-up floor mats, carpets, or rugs
5.  cluttered walkways, hallways, and aisles

Is Compensation Available After a Slip-and-Fall Injury?

New York law entitles injured victims of negligence to compensation for injury-related pending and projected future medical costs, lost wages and projected future lost wages, personal pain, suffering, and related losses if you are injured in a slip-and-fall incident:

1.  on another party’s property
2.  because of the property owner’s negligence
3.  and your Syracuse & Utica slip-and-fall attorney can prove #1 and #2

If you’re injured in any slip-and-fall incident, after you’ve been examined and treated, have a premises liability lawyer discuss your legal rights and explain your legal options. Call that attorney at once after a medical provider has examined and treated you.

Slip-and-Fall Claims Must Be “Reasonable”

“Reasonable” is a word you will hear whenever premises liability cases are discussed. No property owner can prevent every conceivable accident that might happen on his or her premises. The law tries to balance the rights and interests of injury victims and property owners.

For instance, if someone is injured slipping-and-falling on someone else’s private property because there was a hazardous condition on the premises, and the case goes to trial, a court will want to know:

1.  Was the property owner aware of the hazardous condition?
2.  Did the owner have sufficient time to arrange a clean-up or repair?
3.  Was a warning sign posted?
4.  Or were visitors informed in another way of the hazardous condition?

If milk has been spilled on the floor at a supermarket, and you suffer a slip-and-fall injury, is the store liable? If the milk has been there for ten minutes, the store is almost certainly liable, but if the milk has been there only twenty seconds, that isn’t a reasonable amount of time to have the floor mopped or even post a warning sign, and the store probably will not be deemed liable.

How Do Property Owners Defend Themselves?

If you pursue compensation after a slip-and-fall injury by filing a premises liability claim, the property owner may contest your claim with one or more of these defense arguments:

1.   You were not paying attention to your surroundings.
2.  You were trespassing or in an area marked off-limits for visitors.
3.  Yellow cones and/or warning signs clearly marked the hazard.
4.  “Reasonable” individuals would have seen and avoided the hazard.

How Are Slip-and Fall Claims Resolved?

Slip-and-fall claims are usually settled outside of the courtroom, but if liability is disputed or if no reasonable settlement amount is offered, your Utica & Syracuse premises liability lawyer will take the case to trial, tell a jury what happened, and ask that jury to order payment of your compensation.

You may be contacted by the property owner’s property insurance company. Make no statement to that company, don’t sign any insurance document, and don’t negotiate or entertain a settlement offer. Refer all of those inquiries to your slip-and-fall lawyer.

Anything you tell an insurance company could be twisted and used to discredit you, so let your attorney do the talking and negotiating. He or she will negotiate for a generous settlement, and if necessary, will advocate aggressively for you in the courtroom.

What Else Should You Know About Slip-and-Fall Injuries?

You have a three-year-deadline for bringing a premises liability claim after a slip-and-fall injury in the State of New York, but it’s best to contact an attorney as soon as you’ve been treated for your injury.

Evidence deteriorates over time, or disappears, and the memories of witnesses can fade fast. You’ll be in the best possible legal position if your attorney can examine the evidence while it’s fresh and speak to the witnesses while their memories are still recent.

Premises liability lawyers in New York represent their clients on a contingent fee basis, which means you pay no lawyer’s fee until and unless your lawyer recovers your compensation with a negotiated settlement or trial verdict.

How Should You Choose a Slip-and-Fall Injury Attorney?

How can you find a lawyer with the experience, knowledge, and tenacity it will take to prevail on your behalf? There’s no need for an extended search. If you are in or near the Utica or Syracuse area, call Passalacqua & Associates.

The award-winning team at Passalacqua & Associates has more than thirty years of legal experience in the State of New York. We know what it will take to prevail with your slip-and-fall injury claim, and our record of success on behalf of our clients speaks for itself.

Learn more about your rights as a victim of negligence – or begin the legal process now – and call Passalacqua & Associates at 315-277-3548 to schedule a no-cost, no-obligation evaluation of your case. At Passalacqua & Associates, we know how to make the law work for you.

What Are a Pedestrian’s Rights?

In or near the Syracuse area, if you are injured by a negligent driver while you’re a pedestrian, you must obtain medical assistance at once. After you’ve been treated by a medical professional, arrange to speak about your rights and options with a Syracuse pedestrian accident attorney.

In this state, pedestrians who are injured by negligent drivers are entitled under the law to recover the compensation they need for their medical costs, lost wages, pain, personal suffering, and their other injury-and-accident-related damages and losses.

What makes being a pedestrian so dangerous? If you’re injured as a pedestrian, what will you need to do to recover compensation for your injuries? Keep reading this short discussion of pedestrian injuries and your legal rights for the answers to these questions.

What Do the Statistics Tell Us?

Pedestrians account for seventeen percent of all motor vehicle accident fatalities. Over seven thousand pedestrians were killed in the United States in accidents involving motor vehicles in 2021, an increase of thirteen percent over 2020. Thousands more were seriously injured.

According to the New York Department of Health, approximately 300 pedestrians are killed and approximately 15,000 are injured by motor vehicles on New York’s streets and highways every year, and over 3,000 pedestrian accident victims are admitted to hospitals in New York each year.

Pedestrians, of course, usually wear no personal safety gear, and they do not expect to be injured. When a negligent motorist drives into a pedestrian, if the pedestrian survives, he or she may suffer back, neck, and head injuries, broken bones, abrasions, and other serious injuries.

What Does the Law Provide?

Generally speaking, drivers in this state must yield to pedestrians, but pedestrians are also obligated to adhere to the rules. New York is a comparative negligence state, which means that a pedestrian injury victim may be assigned a percentage of the liability for a pedestrian accident.

New York is also a no-fault state for automobile insurance. New York drivers are required to carry automobile insurance that includes a personal injury protection (PIP) policy with at least $50,000 of coverage.

How Are Pedestrian Accident Victims Compensated?

If you’re injured as a pedestrian, and you have personal injury protection coverage, the first step toward recovering compensation, after you’ve been treated for your injuries, is filing a claim against your own PIP policy.

Only victims whose injuries surpass the $50,000 policy limit, who meet the state’s serious injury definition, or who aren’t covered by a PIP insurance policy as a driver or the household member of a driver may initiate the personal injury process and bring a claim against a negligent driver.

“Serious” injuries in this context are defined by the law in New York as death, dismemberment, fracture, significant disfigurement, the loss of a fetus, or the permanent loss of the use (or the significant limitation) of a body organ, member, system, or function.

To bring a personal injury claim against a negligent driver after a pedestrian accident in this state, you will need to contact a Syracuse pedestrian accident lawyer as quickly as possible.

Take These Steps After a Pedestrian Accident

If you bring a personal injury claim against a negligent motorist after a pedestrian accident, that motorist may insist that you were the one who was negligent.

No lawyer will be at the site of the accident to advise you, so take these steps to compile evidence and protect yourself legally:

1.  Obtain medical attention at once. That is the paramount priority.
2.  Then, as quickly as possible, call the local police.
3.  Try to get names and personal contact details from any eyewitnesses.
4.  If you can, take photos of the location, the vehicle, and your visible injuries.
5.  Until you can consult an attorney, make no statements and sign no insurance documents.

If You Bring a Personal Injury Claim

In the State of New York, to prove that a driver was negligent in a personal injury case based on a pedestrian accident, the injury victim (or “plaintiff”) and his or her personal injury attorney must offer evidence which demonstrates that the allegedly at-fault driver (or “defendant”):

1.  owed the plaintiff a “duty of care”
2.  breached that duty by acting negligently (or by negligently failing to act)
3.  caused the accident and the plaintiff’s injury because of the negligence

Will Your Pedestrian Accident Claim Go to Trial?

Personal injury claims in this state are typically settled out-of-court when the lawyers for each side meet in private negotiations. However, if the liability for the accident is in dispute, or if no reasonable settlement offer is forthcoming, your attorney will take the case to trial.

If your case goes to trial, your Syracuse pedestrian accident attorney will tell the jury:

1.  how you were injured
2.  how extensive your injuries are
3.  why the jurors should find in your favor and order the payment of your compensation

Are Pedestrian Accidents Avoidable?

When you’re walking beside a roadway, on a sidewalk, or crossing a street, take some basic safety precautions. Do not become distracted. When it’s possible, cross at crosswalks and walk on sidewalks. Never jaywalk. Bring a flashlight after dark, and wear bright-colored clothing.

Drivers can help by avoiding the distractions caused by audio and GPS systems, children, and pets. Never eat, read, groom, or consume alcohol or drugs while you’re driving. Regularly check your tires, brakes, wipers, and lights, and always obey New York’s traffic laws.

How Do You Select the Right Pedestrian Accident Attorney?

If you have been injured by a negligent driver in New York, get the legal help you need. It’s your right, and if you’re an injured victim of negligence in this state, the law will be on your side.

Passalacqua & Associates represents the victims of pedestrian accidents in Syracuse, Utica, and throughout New York. Your first consultation with a Syracuse pedestrian accident lawyer at Passalacqua & Associates is offered without cost or obligation.

If you’re injured by a negligent driver in a pedestrian accident or any other accident, the award-winning team at Passalacqua & Associates will fight for the compensation you are entitled to by law and help you move ahead positively and constructively with your life.

If you have been injured in a pedestrian accident – or if you’re injured that way in the future – and you need to file a personal injury claim, promptly contact Passalacqua & Associates at 315-500-6425 to find out more or to schedule a consultation and start the personal injury process.

What Are Your Rights After a Car Accident?

In the Syracuse area, if you are injured in a traffic accident because another motorist was negligent, seek medical attention at once, and then, as soon as possible, arrange a meeting to discuss your legal options and rights with a Syracuse car accident attorney.

How does auto insurance work in New York? If you have been injured in an accident that was not your fault, how much compensation can you recover? What steps will you need to take? When should you reach out for the advice and services of a Syracuse traffic accident lawyer?

Several hundred thousand traffic accidents are reported every year in New York. It can happen to anyone. If you will continue to read this brief discussion of traffic accidents and your rights in this state, you will find the answers that every driver in the State of New York needs to know.

How Does Auto Insurance Work in New York?

New York is a no-fault auto insurance state, so policyholders are generally paid by their own insurance companies for damages, without regard to which driver is at-fault for an accident. Policyholders may be repaid for medical bills, car repairs, and other losses after an accident.

No-fault coverage in New York typically reimburses an accident victim up to $50,000 for medical treatment and care, up to 80 percent of that accident victim’s lost wages (capped at a $2,000 monthly maximum), and related losses such as transportation and child care costs.

However, if you are severely injured, the other driver was at-fault, and your medical costs exceed the limits of your no-fault coverage, you will need to bring a personal injury claim against that driver and his or her car insurance company with the help of a Syracuse traffic accident lawyer.

What Steps Should You Take After an Accident?

Immediately after an accident, call 911 for medical help (if anyone is injured) and for police assistance. Exchange contact and insurance details with the other driver or drivers. Take photos of the vehicles. If witnesses saw the crash, ask for their names and personal contact information.

After the accident, make and store copies of any medical bills, receipts, or other documents generated by the accident. When you file your claim with your auto insurance company, include copies of these documents, and store the originals securely.

If your claim is only for auto repairs, you probably will not need an attorney’s help, but if you sustained a personal injury, schedule a meeting with a Syracuse car accident attorney to discuss your rights, and ask that attorney to negotiate with the insurance company on your behalf.

How Do You Negotiate a Vehicle Damage Settlement?

In most cases, you can file a claim for vehicle damage without an attorney’s help, but be ready to negotiate with the insurance company. Decide what you believe is a reasonable settlement amount, and decide what is the lowest figure that you will accept.

Your auto insurance company’s first settlement offer may be unreasonably low, but some people accept these low offers. You should almost always reject a first offer. Send a letter to the company explaining that:

1.  The first settlement offer is unsatisfactory.
2.  Your documentation suggests that a more substantial settlement offer is called for.

What Should You Know About Claims Adjusters?

Don’t forget that the insurance company’s claims adjuster is not your friend and may be seeking to reduce the company’s costs. However, most auto insurance claims adjusters in New York are conscientious professionals who work hard to resolve claims honestly and quickly.

Your vehicle can be replaced. You can’t. While you can probably negotiate a vehicle damage claim smoothly and swiftly, an injury claim is much more serious. If you have been injured in a traffic crash, you should retain a personal injury attorney’s advice and services immediately.

What Can a Settlement Cover?

A New York personal injury attorney will determine how the traffic accident happened and how you were injured, speak with any witnesses, identify the party or parties with liability, and fight to recover the compensation that you are entitled to by law. You may recover compensation for:

1.  your current and projected future medical expenses
2.  your lost wages and projected future lost wages
3.  related costs such as transportation and child care
4.  personal pain, suffering, and mental anguish
5.  damage to your vehicle and any other damaged personal property

For some injury victims, “mental anguish” may include loss of the “enjoyment of life” and/or loss of consortium. When someone can no longer pursue hobbies, exercise, and other recreational activities, the victim may recover damages for loss of the enjoyment of life.

How Will Your Lawyer Help?

Personal injury lawyers in New York are experienced negotiators who understand how insurance companies operate and negotiate. After a serious injury, the right personal injury lawyer will know how to recover the settlement amount you need from an insurance company.

Your attorney will handle all inquiries from the insurance company and will negotiate on your behalf while you focus on recovering and healing. Claims based on serious injuries are usually resolved out-of-court when the attorneys for both sides meet privately to negotiate a settlement.

However, if your injury claim is denied or if liability for the accident is disputed, your personal injury case could go to trial. If that happens, your attorney will explain to a jury how (and how extensively) you were injured and will ask that jury to order the payment of your compensation.

How Can You Pick the Right Car Accident Lawyer?

Passalacqua & Associates helps the injured victims of negligence in Syracuse, Utica, and across the State of New York recover the compensation they need. Your first meeting with a New York personal injury lawyer at Passalacqua & Associates is provided with no cost and no obligation.

If you are injured in a car, truck, bus, motorcycle, or pedestrian accident, let the award-winning legal team at Passalacqua & Associates help you get back on track – and help you move confidently and positively into the future – after a serious traffic injury.

If you’ve been injured in a traffic accident – or if that happens to you in the future – as soon as you have been treated for your injuries, call the team at Passalacqua & Associates at 315-500-6425 to learn more, to schedule a free legal consultation, or to begin the personal injury process.

Do You Really Need to Hire an Attorney?

If you have been accused of a crime in the Syracuse area, whether that crime is a serious felony or a misdemeanor, you must be advised and represented by a Syracuse criminal defense lawyer. Only a criminal defense lawyer can represent you adequately and effectively.

If you’re charged with a crime, and you are hesitant about contacting a criminal defense attorney, you may have “bought into” one or several of the many misconceptions about criminal defense attorneys. Perhaps the five most common misconceptions about criminal defense attorneys are:

1. Anyone can defend you against a criminal charge.
2. Criminal defense attorneys are all the same.
3. Only the rich can afford a criminal defense attorney.
4. Criminal defense attorneys operate unethically and sometimes illegally.
5. You do not need an attorney if you are pleading guilty.

If you’ll keep reading, you will learn why these misconceptions are false and sometimes harmful, and you’ll learn why having the right Syracuse criminal defense attorney is imperative if you have been charged with a felony or a misdemeanor in or near the Syracuse area.

Misconception #1: Anyone Can Defend You

In all fifty states, but especially in the State of New York, the laws are far more difficult and far more complicated to understand than they were even ten years ago. Even if the charge against you is a misdemeanor, any errors that you make while defending yourself could send you to jail.

You cannot take the risk of defending yourself against a criminal charge, and you also should not rely on a public defender to represent you. Some public defenders may be skilled attorneys, but they are overburdened with enormous caseloads and have little time to devote to your own case.

A criminal defense lawyer will give your case the time and dedication it needs. A defense lawyer will scrutinize the evidence, question the witnesses, prepare an aggressive defense on your behalf, and if necessary, negotiate with the prosecution for an acceptable plea agreement.

Misconception #2: Defense Attorneys Are All the Same

Every criminal defense lawyer has his or her own unique skills, training, and experience. Some lawyers almost never lose a case. Others win some and lose some. The most important thing that you can do in your own defense is to select the best defense attorney available to you.

Ask your friends and loved ones for defense lawyer referrals and recommendations. Your time, your money, and your freedom are valuable, so make your decision carefully.

No defense attorney can guarantee or promise a result in any particular criminal case, but your best chance for winning justice is to select an attorney who has substantial courtroom experience, a record of success on behalf of his or her clients, and a reputation for tenacity and effectiveness.

Misconception #3: Only the Rich Can Afford a Good Lawyer

Too many people think that you must be wealthy in order to afford a good criminal defense attorney. However, the fee that a lawyer charges is not going to tell you whether a lawyer is effective.

Let’s say that a lawyer looks at your case and tells you the evidence against you is persuasive, you will be convicted, and you should take a plea bargain if it’s offered. Another attorney promises to win an acquittal on your behalf but charges twice as much as the first attorney.

Despite the cost, too many people charged with crimes would choose the second attorney. The first attorney may be giving you frank, practical legal advice for a reasonable fee, while the second attorney may or may not be selling you anything but an expensive fantasy.

And unlike many of our competitors, we offer a VARIETY of different financing options to work with you to try and get the fee handled in an affordable way that won’t cause you any financial headaches!

Misconception #4: Criminal Defense Attorneys Are Unethical

Movies and television shows like Better Call Saul can give you the impression that the practice of law is an unruly free-for-all and that the best criminal defense attorneys are the ones who break the most rules. Nothing could be further from the truth.

While a very few defense attorneys operate unethically and even sometimes illegally, the bar association in each state monitors every attorney’s actions, and defense attorneys who conduct themselves unethically or illegally are disciplined, or in the most egregious cases, disbarred.

Overwhelmingly, the vast majority of criminal defense attorneys understand that they are not above the law, and they will not act unethically or illegally to win a case. Their top priority is providing sound legal advice and representing their clients professionally and effectively.

Misconception #5: You Don’t Need a Lawyer if You Plead Guilty

This may be the most harmful misconception about criminal defense attorneys. To begin with, you should never plead guilty as charged at your first hearing (called the “arraignment” hearing). Pleading guilty at your arraignment ends your case with no option for a plea deal.

Even if you are, in fact, guilty as charged, it is important to have a defense attorney who will negotiate on your behalf. If you are offered a plea deal, and if you accept it, you will probably agree to plead guilty to a lesser charge, and in exchange, you will serve a reduced sentence.

In the Syracuse area, if you are charged with any crime, you should be advised and represented by a Syracuse criminal defense attorney who has substantial experience with plea and sentencing negotiations.

Don’t try to negotiate by yourself with a prosecutor. If the prosecution offers you a plea deal, discuss the details of that deal with your defense lawyer before you decide to accept or reject it. And of course, if you are innocent, you should plead not guilty and insist on a jury trial.

Why Should You Choose Passalacqua & Associates?

Your criminal defense attorney is your advocate who will explain to a judge and jury what actually happened and why you should be acquitted (or, if you’re guilty, why you should be shown leniency).

A Syracuse criminal defense lawyer at Passalacqua & Associates will provide you with a strong, aggressive defense whether you are charged with a misdemeanor or a felony.

We take the time to examine the evidence and prepare an effective defense on your behalf while protecting your legal rights and working toward the best possible conclusion to your case. We take a true team approach. You will never have any less than two (2) attorneys assigned to your case! We are one of the largest criminal defense firms in Central New York, let us put that size and power to work for you!

If you’ve been charged – or if you are charged in the future – with any crime in or near the Syracuse area, or if you need reliable advice regarding any matter of criminal law, call Passalacqua & Associates now at 315-500-6425.

What Can You Do About an Old Criminal Conviction?

If you’re charged with a criminal offense in Syracuse, Utica, or anywhere else in New York, you must have – as quickly as possible – the legal services and advice that a Syracuse criminal defense attorney provides.

How long do petty crimes remain on your record? If you were convicted of a crime in this state, and if you’ve completed your sentence, can that conviction be expunged or sealed? Which criminal records may be expunged or sealed in this state? What does that process entail?

If you will continue reading this brief discussion about criminal records in New York, these questions will be answered, but if you personally need to have a criminal record expunged or sealed, you should also contact a Syracuse criminal defense lawyer promptly.

How Do Convictions Affect Your Rights?

Millions of people in this nation have at least one prior criminal conviction. State and federal laws restrict and limit their rights – their voting, housing, and employment rights and their right to bear arms. In many jurisdictions, criminal convictions also affect someone’s driving privilege.

While some of the restrictions on some convicted offenders are simply good common sense – preventing convicted child abusers from working with minors, for example – other restrictions are entirely unrelated to any criminal offense or criminal conviction.

If you are consistently rejected for housing or employment, it may be because of a conviction. But since 2017, thousands in New York have been allowed to seal old convictions from landlords, employers, or anyone else who may be investigating a person’s background.

What is Expungement? What is Sealing?

Expunging a criminal record completely deletes and erases that record, entirely and forever. However, with only very narrow exceptions, New York does not expunge adult conviction records. New York “seals” records, and sealing a record is somewhat different from expunging it.

Sealing your conviction record prevents most people – most employers, for example – from seeing the record, although a sealed record may still be accessed by the FBI, New York police officials, or any agency that hires law enforcement officers or licenses gun owners.

Which Criminal Records May Be Sealed?

In the State of New York, with several important exceptions, the following criminal records may be sealed:

1.  juvenile conviction records
2.  arrest records
3.  adult conviction records

How Are Juvenile Records Sealed?

If someone under age 19 receives a criminal conviction in New York, a judge may designate that person as a “youthful offender.” Youthful offender status automatically seals a conviction. Employers, colleges, and universities do not have to be told about convictions that are sealed.

If you received a conviction for a criminal offense when you were younger than age 19, but you did not have the conviction record sealed at that time, a law signed by Governor Kathy Hochul in 2021 allows you to reapply to have that record sealed.

If you received a criminal conviction in this state as a youth, and if your conviction was not sealed, ask a Syracuse criminal defense attorney to explain and to guide you through the steps you will have to take to seal that conviction.

How Are Adult Records Sealed?

Except for some possession of marijuana cases, the record of an adult’s criminal conviction can’t be expunged in this state, but adult criminal convictions may be sealed, with these exceptions:

1.  convictions for Class A felonies
2.  convictions for crimes of violence (as defined by New York law)
3.  convictions for most sex crimes

To seal a New York conviction record, you must meet the following requirements:

1.  At least ten years have elapsed since your sentencing or release (whichever was later).
2.  You have no subsequent arrests, convictions, or charges pending.
3.  You have two or fewer convictions and not more than a single felony conviction.
4.  You have not sealed the maximum number of records you are permitted to seal.

What Does the Sealing Process Entail?

To seal the record of a conviction in this state, ask a Syracuse defense attorney to submit your request to the court that convicted you. The prosecutor’s office in that jurisdiction has the right to challenge your request.

When the court receives your petition to seal your conviction record, the prosecutor’s office must notify the court within 45 days if it intends to file a challenge. If a challenge is filed, the court will schedule a hearing.

When that hearing is conducted, your defense attorney will demonstrate to the court why your conviction record should be sealed. If the prosecutor declines to challenge your request, a judge makes the ultimate decision to have your conviction record sealed or to keep it unsealed.

A Syracuse criminal defense lawyer can explain the sealing process to you, file the necessary documents with the court, and if necessary, argue before a judge on your behalf.

What Does Sealing a Conviction Accomplish?

If the judge approves your petition and seals your conviction, evidence from your case – arrest photos, DNA samples, or fingerprints, for example – will be destroyed.

No one may have access to a conviction record that has been sealed except these parties:

1.  anyone you personally designate
2.  a prospective employer if you apply for a job that requires you to carry a firearm
3.  your probation officer if you are arrested while you are on probation
4.  a prosecutor or police officer who has a court order if you are arrested on a new charge

If Your Record Cannot Be Sealed

How can you deal with an old conviction for a petty crime if you don’t meet the qualifications for sealing the record? If you have more than two convictions but only one conviction for a felony, your attorney can help you request a Certificate of Relief from Disabilities.

This document removes some of the barriers to jobs like nursing, real estate broker, or security guard. If you have more than one felony conviction, you can request a Certificate of Good Conduct, which removes some barriers to public service jobs such as firefighter or notary public.

Be sure to discuss all of your legal options and alternatives with your attorney. Thousands of New Yorkers have sealed old convictions and have moved forward positively with their lives.

If you find yourself rejected for housing or employment because of an old conviction, contact a Syracuse defense attorney who will provide the advice and legal services you need.

Most drivers in New York know that a driving while intoxicated (DWI) conviction can very negatively and drastically affect your life. Should you be charged with driving while intoxicated in the greater Syracuse area, contact a Syracuse DWI attorney as quickly as possible.

Intoxicated drivers in the United States are the cause of more than 17,000 deaths every year, including the 307 people who lost their lives on New York’s streets and highways in alcohol-related traffic crashes in 2019 and 349 people in 2020.

In fact, about 27 percent of all traffic accident fatalities in New York State are alcohol-related. Thus, it comes as no surprise that police agencies in New York aggressively enforce the law against driving while intoxicated.

When Can You Be Arrested for DWI?

If a police officer in this state believes that you are “operating a motor vehicle” while intoxicated and that you pose a threat to others or yourself, you may be arrested, charged, and convicted for driving while intoxicated. A DWI conviction could ruin your life for many years into the future.

But how is “operating a motor vehicle” defined by the law? If a police officer finds you asleep in a vehicle, can that officer arrest you for driving while intoxicated? When should you contact a Syracuse DWI lawyer? Keep reading to learn these answers and more. You may be surprised.

Can You Be Charged With DWI if You’re Not Driving?

You can be arrested and charged with driving while intoxicated in New York even if you are not driving a car or truck or if you are not driving at all. You can be charged with DWI if you are intoxicated while operating a golf cart, a riding lawnmower, or even an electric wheelchair.

And although it is called “driving” while intoxicated, a law enforcement officer who doesn’t see you driving may still arrest you for driving while intoxicated. Here is an example: You have a beer after work with some friends. You have car trouble on your way home, so you pull over.

If a police officer stops and smells beer on your breath, he or she may suspect you’ve been driving while intoxicated, even though that police officer never actually saw you behind the wheel.

The officer may ask you to submit to a breathalyzer test or field sobriety exam. If you appear to be impaired, or should the breathalyzer exam indicate that you’re too intoxicated to drive, you will probably be arrested for DWI.

What if You’re Asleep?

In New York, a driver can be charged for driving while intoxicated if that driver is “sleeping it off” in his or her vehicle. Even if you are not “operating” the vehicle, if you’re intoxicated in the driver’s seat, a police officer can take you into custody.

However, if you are sleeping in your back seat, your keys are not in the ignition, and the engine is off, you probably will not be placed under arrest. To determine a suspect’s intent, a law enforcement officer (or later, the court) will consider these questions:

1.  Was the intoxicated individual in the driver’s seat or the back seat?
2.  Was the vehicle’s engine off or on? Was the engine warm?
3.  Where were the vehicle’s keys?
4.  Was the vehicle operational or broken down?
5.  Where was the vehicle parked?

How Do You Prevent a DWI Arrest?

Sleeping it off in your car or truck isn’t the smartest way to prevent intoxicated driving or being arrested for driving while intoxicated. A better idea is hiring a taxi, a limo, a ridesharing service like Uber or Lyft, or calling a friend.

Nevertheless, should you decide to nap in your car or truck to “sleep it off,” put the keys away from the ignition and away from yourself – in the glove box or under a seat, for instance.

Do not fall asleep in the driver’s seat. Sleep in back after making certain that your vehicle is legally parked, away from traffic.

What’s Required for a DWI Conviction?

Drivers in the Syracuse area have been charged with driving while intoxicated after law enforcement officers have discovered them asleep in a highway rest area, on the side of a road, or in a parking lot.

However, to win a conviction against you for driving while intoxicated, a New York prosecutor must prove that you were in fact driving while you were impaired by alcohol (and/or drugs) before the police officer encountered you, and that proof must be “beyond a reasonable doubt.”

Do You Genuinely Need an Attorney for a DWI Charge?

Too many New Yorkers plead guilty to driving while intoxicated and accept the consequences, but a driving while intoxicated conviction can often be avoided. Do not enter a guilty plea at your DWI arraignment hearing, and do not decide to act as your own defense lawyer, either.

Your freedom and your future will be at stake. Pleading guilty and accepting the consequences may seem like an expedient way to handle a driving while intoxicated charge, but a conviction for driving while intoxicated will impact you negatively, in a number of ways, for years to come.

Should you accept a plea deal? First-time offenders – if they did not injure anyone or damage property – are typically allowed to plead guilty to a lesser charge, driving while ability impaired (DWAI). Your DWI lawyer will recommend either accepting or rejecting any plea bargain offer.

How Will an Attorney Help You?

If your blood alcohol concentration (BAC) level measured at or above 0.08 percent at the time of your arrest, you may be charged with DWI. If your BAC level measured at or above 0.18 percent, you may be charged with aggravated DWI, which entails even harsher penalties.

And even a first driving while intoxicated conviction may be penalized with a jail sentence and a costly fine. A Syracuse DWI attorney will review the charge against you, the breathalyzer test results, and any statements from the arresting officer or other witnesses.

Your DWI defense attorney will find any weaknesses in the state’s case and may dispute the evidence presented against you. But whether it’s your first offense or you’ve been charged with DWI in the past, you’ll need the advice and defense representation that a Syracuse DWI lawyer provides, and you will need that help as quickly as possible after a DWI arrest.

If you’re charged with driving while intoxicated (DWI) or with any other offense related to alcohol and driving in or near the Syracuse area, you will need the personalized legal advice and the aggressive defense representation that a Syracuse DWI attorney can offer you.

What are your rights if you’re charged with driving while intoxicated in or near the Syracuse area? What are your legal options as a DWI defendant? What are the penalties for DWI convictions? And when should you contact a Syracuse DWI lawyer?

If you’ll keep reading this brief discussion of New York’s DWI laws and your rights, these questions will be answered, but if you currently have a DWI case pending – or if you’re charged with DWI in the future – you will also need to consult a DWI attorney as swiftly as possible.

What Penalties May Be Imposed for “Standard” DWI Convictions?

In this state, driving while intoxicated happens when anyone under the influence of alcohol or drugs drives a motor vehicle. You may be charged with “standard” DWI if you drive after drinking and your blood alcohol content (BAC) level measures at or above 0.08 percent.

For a first DWI conviction, the penalties may include a six-month license suspension, a fine, and the possibility of time in jail. A subsequent standard DWI conviction within ten years of the first may be penalized with a costly fine, several years in prison, and a lengthy license revocation.

The 0.08 percent BAC limit applies to most adult motorists who are 21 and older, but for younger drivers, the limit is 0.02 percent. The 0.02 percent legal limit also applies to drivers in New York who carry a commercial driver’s license (CDL).

How Does New York Define “Aggravated” DWI?

Driving with an excessively high BAC level – at or above 0.18 percent – can trigger a charge of “aggravated” driving while intoxicated. A first conviction for aggravated DWI may be penalized with a fine and/or time in jail and with a license revocation lasting at least one year.

A subsequent conviction for aggravated DWI within ten years of a previous conviction may be penalized with an expensive fine, an 18-month driver’s license revocation, and the possibility of several years in prison.

What is “DWAI” in New York? What Are the Penalties?

DWAI stands for “driving while ability impaired,” and there are two DWAI charges in this state:

Driving while ability impaired by alcohol is the charge when a motorist’s blood alcohol content level measures from 0.05 percent to 0.07 percent. DWAI by alcohol is an infraction in New York and not a criminal offense.

Driving while ability impaired by drugs is a criminal offense with severe penalties upon conviction.

A first conviction for DWAI by alcohol may be penalized with time in jail – no more than fifteen days – a fine, a mandatory “surcharge,” and an automatic license suspension for ninety days.

To win a conviction for DWAI, a prosecutor must prove beyond a reasonable doubt that the driver was unable to drive safely even with a BAC level below the legal limit. If you are facing a DWAI charge, promptly schedule a legal consultation with a Syracuse DWI attorney.

When is DWI a Felony?

Most DWI charges are misdemeanors, but some circumstances can raise a driving while intoxicated charge to the felony level. For example, if a minor was with you when you were stopped by the police for suspicion of driving while intoxicated, you will face a felony charge.

If you are convicted of felony DWI, any subsequent driving while intoxicated charge within the next ten years will also be charged as a felony.

And whether the charge was a felony or a misdemeanor, any DWI conviction will entail extra-legal penalties that you will not face, for example, if you are offered a plea bargain and you plead guilty to DWAI.

What Are the Extra-Legal Consequences of a Conviction for DWI?

A conviction for driving while intoxicated increases your car insurance rates. If you are a professional driver, you may have to seek other employment, and that can be difficult with a recent DWI conviction.

If you are a professional in this state, a conviction for DWI may prompt disciplinary action by your professional licensing board. If you are not a U.S. citizen, a driving while intoxicated conviction – especially if it’s a felony conviction – may trigger a deportation proceeding.

Why is a Guilty Plea a Bad Idea in DWI Cases?

Don’t plead guilty to DWI, aggravated DWI, or DWAI, and do not try to represent yourself either. There will be too much at risk. Pleading guilty seems like the expedient way to handle these charges, but a DWI conviction will impact your life negatively for years into the future.

If you face a misdemeanor DWI charge, will you be offered a plea bargain? Many first-time DWI offenders are allowed to plead guilty to DWAI. A Syracuse DWI lawyer who negotiates plea deals on a regular basis will tell you if you should accept or reject a plea bargain offer.

Trials are risky. If you are innocent of DWI, as a general rule, you should not agree to any plea deal, and you should insist on your right to a jury trial. However, every case is different, so you should discuss all of your options with your lawyer and heed your lawyer’s advice.

What Else Should New York Drivers Know About DWI?

Even if the evidence against you is extensive and conclusive, and even if your conviction for driving while intoxicated is inevitable and unavoidable, a Syracuse DWI defense attorney can work on your behalf for reduced or alternative sentencing.

Of course, you’ll never have to face DWI-related legal trouble if you adhere to this fundamental advice which you’ve heard so many times – Don’t Drink and Drive. Call a taxicab, call Uber or Lyft, or call a relative or friend. Get a room for the night if you must. But do not drink and drive.

New York passed the first DWI law in the United States back in 1910. Since then, DWI laws in this and every other state have expanded and have become quite complicated. A DWI defendant must have legal counsel.

If you are charged with driving while intoxicated for any reason, you will need to contact a Syracuse DWI defense lawyer who will protect your legal rights, direct you through the justice process, and work to bring your DWI case to its best possible outcome.