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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 315-277-3548. 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 315-277-3548 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 315-277-3548 as soon as possible after you’ve been arrested or charged with DWI or refusal to test.

What is Leandra’s Law?

Driving while intoxicated (DWI) is usually a misdemeanor in New York, but if a child who is 15 or younger is in the vehicle when the police stop a driver for DWI, that motorist will be charged with a felony, and he or she will need to be advised and defended by a Syracuse DWI attorney.

Leandra’s Law took effect in New York in 2009. It makes driving while intoxicated with a child in the vehicle a Class E felony, and it requires anyone who is convicted of a misdemeanor or felony DWI charge to install and maintain an ignition interlock device in his or her vehicle.

The law is named for Leandra Rosado, who was killed at the age of 11 when her friend’s mother lost control of the car they were in while driving under the influence. Six other children were also injured during the incident in 2009 on the Henry Hudson Parkway in New York City.

How Serious is New York’s DWI Problem?

Law enforcement officers in every state aggressively enforce DWI and DUI laws. Nevertheless, as of 2024, intoxicated drivers still cause more than 17,000 deaths every year across the United States. That’s an average of one death every half-hour and 310 funerals every week.

In the State of New York, more than 7,000 alcohol-related traffic accidents were reported in 2022. Those accidents resulted in 335 fatalities – a thirty percent increase over the 262 alcohol-related traffic fatalities in this state in 2019.

Lawmakers in this state are continuing to pursue new legal solutions to reduce incidents of intoxicated driving. Many New York lawmakers advocate better education about intoxicated driving combined with more severe penalties for convicted DWI offenders.

What Are New York’s DWI Laws?

Drivers in New York with a blood alcohol concentration (BAC) level at or over 0.08 percent may be arrested and charged with DWI. A first DWI offense is usually a misdemeanor punishable upon conviction with jail time, a fine, and a six-month driver’s license suspension.

Even aggravated DWI, which is the charge when a driver’s BAC level is measured at or over 0.18 percent, is charged as a misdemeanor when it is someone’s first offense, unless the driver is also in violation of Leandra’s Law and has a child who is 15 or younger as a passenger.

A second DWI or aggravated DWI conviction within ten years of a first conviction on either charge will be prosecuted as a Class E felony, which may be penalized upon conviction with a fine, a driver’s license revocation, community service, probation, and/or a jail or prison sentence.

How Are DWI Cases Handled?

If you are charged with any DWI violation in or near the Syracuse area, seeking to have the charge against you reduced or dismissed will probably be the first step that your Syracuse DWI lawyer takes on your behalf.

The court may dismiss a DWI case when the state’s evidence is inadequate, but such cases are rare. However, your lawyer may arrange a plea deal that lets you plead guilty to a lesser charge in exchange for agreeing to serve a reduced or alternative sentence.

However, if you are innocent of driving while intoxicated, you should exercise your right to demand a jury trial, where your Syracuse DWI attorney will cast doubt on the state’s case and clarify for the jurors why they should find you not guilty.

What Will a DWI Attorney Do for You?

If you are charged with DWI in the Syracuse area, your attorney will review the details of the charge against you, investigate what actually occurred, and develop an appropriate strategy for your defense.

Breath and blood tests to measure a driver’s BAC level are often unreliable. Blood samples are easily contaminated, and breathalyzers must be maintained and calibrated frequently. Your lawyer may challenge the test results or the credentials of the officer who administered your test.

If police officers violated your rights – for instance, if your vehicle was unlawfully searched or if the police stopped you in traffic without probable cause – your DWI lawyer will ask the court for a dismissal of the case or file a motion to suppress any evidence that was unlawfully obtained.

What Else Should You Know About Leandra’s Law?

Along with requiring convicted DWI offenders to install ignition interlock devices in their personal vehicles and making it a Class E felony to drive while intoxicated when a child is a passenger, Leandra’s Law also provides the following:

1.  Intoxicated drivers in New York who cause the death of a child under 16 years old in the vehicle may be charged with a Class B felony, punishable upon conviction with up to 25 years in prison.
2.  Intoxicated drivers in New York who cause serious physical injury to a child under 16 years old in the vehicle may be charged with a Class C felony, punishable upon conviction with up to 15 years in prison.
3.  Police agencies in New York must report – to the Statewide Central Register of Child Abuse and Maltreatment – a guardian or parent who has been charged with driving while intoxicated with a child under 16 years old in the vehicle.

If you are charged with a violation of Leandra’s Law or with any other DWI violation in or near the Syracuse area, how can you find the right attorney – a Syracuse DWI lawyer who will aggressively and effectively advocate for the justice you need?

Passalacqua & Associates Will Fight for the Justice You Need

You must have the right DWI lawyer if you are charged with a violation of Leandra’s Law or with any other DWI violation in the Syracuse area. At Passalacqua & Associates, we have over three decades of experience defending DUI suspects and prevailing on their behalf.

If you are charged with DWI, Passalacqua & Associates offers an in-depth evaluation of your case – with no obligation or cost. You’ll learn more about your rights and options as a DWI defendant, and you’ll find out how New York’s DWI laws will apply to your own case.

If you are charged with violating Leandra’s Law or with any other DWI violation, now or in the future, the consequences of a conviction could be catastrophic for your family, your career, and your life. Get the help you need by promptly calling Passalacqua & Associates at 315-277-3548.

How Many Accidents and Deaths Are Caused by DWI in New York?

The State of New York enacted the nation’s first driving while intoxicated (DWI) law back in 1910. In 2024, if you are charged in or near the Syracuse area with driving while intoxicated – or with aggravated DWI – you must be advised and defended by a Syracuse DWI lawyer.

More than 7,000 alcohol-related traffic accidents happened in this state in 2022, resulting in 335 lives lost. It’s important for every driver in New York to understand what constitutes DWI and aggravated DWI so that you can avoid alcohol-related arrests, accidents, injuries, and fatalities.

What Constitutes DWI and Aggravated DWI?

In the State of New York, a motorist may be arrested and charged with driving while intoxicated if that motorist is driving with a blood alcohol concentration (BAC) level of 0.08 percent or higher (or 0.04 percent or higher if the motorist holds a commercial driver’s license).

In 2007, lawmakers in New York enacted the aggravated DWI law. Aggravated driving while intoxicated entails stricter penalties for convictions. You may be charged with aggravated DWI if you drive with a BAC level of 0.18 percent or higher.

What is DWAI?

A driver in New York may also be charged with DWAI (driving while ability impaired) if his or her blood alcohol concentration level measures at or over 0.05 percent but below 0.08 percent.

Driving while ability impaired is not considered a crime in New York – instead, it’s a traffic infraction – but a conviction for DWAI can nevertheless land a defendant in jail for up to fifteen days and prompt a fine of up to $500.

How Are DWI and Aggravated DWI Convictions Penalized?

If you’re convicted of either DWI or aggravated DWI, the penalties that will be imposed depend on the details of the charge against you and whether you have previous alcohol-related driving convictions. The standard penalties for first-offense DWI and aggravated DWI in New York are:

1.  For driving while intoxicated: a mandatory fine of up to $1,000, a driver’s license revocation of at least six months, and the possibility of up to a year in jail
2.  For aggravated driving while intoxicated: a mandatory fine of up to $2,500, a driver’s license revocation of at least one year, probation for up to three years, the possibility of up to a year in jail, and mandatory attendance at a Victim Impact Panel

Along with the legal penalties, convictions for DWI or aggravated DWI will raise your auto insurance rates and could even damage your ability to find or retain employment. If you drive for a living, you’ll probably have to find other work after a DWI or aggravated DWI conviction.

When is Aggravated DWI a Felony?

New York drivers who are charged with aggravated DWI within ten years of a previous driving while intoxicated or aggravated DWI conviction may be charged with felony aggravated DWI. A conviction for felony aggravated DWI entails these potential penalties:

1.  probation for up to three years
2.  incarceration for up to four years
3.  a fine of up to $5,000 (with a minimum mandatory $1,000 fine)
4.  a driver’s license revocation for up to eighteen months
5. court-ordered attendance at a Victim Impact Panel

How Will Your Lawyer Fight an Aggravated DWI Charge?

A Syracuse DWI attorney can use a number of legal strategies to defend you against an aggravated DWI charge. Your lawyer will find any weaknesses in the state’s case in an effort to have the charge reduced, dropped, or dismissed and to help you retain your driving privileges.

If there’s a flaw in the prosecution’s case, your DWI lawyer will find that flaw and use it to your advantage. If your rights were violated when the police arrested, questioned, or stopped you, a prosecutor could drop the aggravated DWI charge or a court could dismiss the case.

Like all devices, breathalyzers malfunction, so your lawyer could challenge the results of your breathalyzer test. To remain accurate, breathalyzers must be calibrated and maintained routinely. Your DWI lawyer could also challenge the credentials of the officer who administered the test.

What Outcomes Are Possible in Aggravated DWI Cases?

In aggravated DWI cases, especially if the state’s evidence is overwhelming, your Syracuse DWI lawyer may negotiate to obtain an acceptable plea deal. In most plea deals, a defendant pleads guilty to a reduced charge and serves the sentence for that lesser offense.

Don’t try to negotiate a plea deal by yourself, and thoroughly discuss any plea deal offer with your lawyer before you reject or accept the offer. However, in most cases, if you are innocent of DWI or aggravated DWI, you should enter a not guilty plea and insist on a jury trial.

Aggravated DWI trials are rare; these cases are typically resolved with plea deals or with guilty pleas. While the final choice to accept or reject a plea bargain or to take an aggravated DWI case to trial is yours and yours alone, it’s almost always best to heed your DWI attorney’s advice.

When Will You Need an Attorney?

If you are charged with DWI or aggravated DWI in or near the Syracuse area, contact a DWI lawyer as quickly as possible. Your lawyer will safeguard your rights, explain the legal process as it moves forward, and advocate effectively for the justice you need.

Do not even consider acting as your own lawyer. In the 21st century, the law and the science in DWI cases are both exceedingly complicated, and especially if the charge is aggravated DWI, too much will be at stake. You should be advised and defended by a Syracuse DWI attorney.

Take Your Aggravated DWI Case to Passalacqua & Associates

It’s imperative to have the right defense lawyer if you are charged with DWI or aggravated DWI in the Syracuse area. Passalacqua & Associates is an award-winning team of defense lawyers with more than three decades of experience representing DWI and aggravated DWI defendants.

Our defense attorneys know what it takes to win the justice you need, and we have a proven track record in DWI and aggravated DWI cases. If you are charged with driving while intoxicated or with aggravated DWI, now or in the future, Passalacqua & Associates will provide you with an in-depth initial case evaluation – without any cost or obligation.

If the charge is aggravated DWI, you can’t take chances with an inexperienced lawyer. Your future will be at stake. Get the legal help you need with a DWI or aggravated DWI charge by calling Passalacqua & Associates at 315-277-3548. We know how to put the law on your side.

What Constitutes Domestic Violence in New York?

If you’ve been charged with a crime of domestic violence in the Syracuse area, or if you are the subject of a court order that is based on a domestic violence situation, you must be advised and represented – as quickly as possible – by a Syracuse domestic violence defense attorney.

Domestic violence includes spousal abuse, child abuse, and more, but domestic violence doesn’t necessarily include actual physical violence. Merely threatening physical violence and prompting the fear of personal harm are sufficient to meet New York’s legal definition of domestic violence.

Federal law bans you from buying or owning a firearm after you have been convicted of a crime of domestic violence – whether the conviction is for a misdemeanor or a felony charge – or if you are the subject of an active protection order arising from a domestic violence situation.

What is the Safe Homes and Families Act?

However, New York’s state laws regarding domestic violence and gun ownership go well beyond the federal statutes. In some cases, a police officer in this state is required to confiscate a person’s firearm(s) even if that person is not the subject of a restraining order or a criminal conviction.

Under New York’s Safe Homes and Families Act, which took effect in 2020, New York law enforcement officers who are responding to a domestic dispute may temporarily take custody of any firearm that is in plain sight or discovered during a lawful search.

Additionally, the Safe Homes and Families Act requires police officers in this state to take temporary custody of any weapon (and the license for that weapon) that is in the possession of a person who has been arrested for or who is suspected of committing a domestic violence crime.

What Else Does the Safe Homes and Families Act Require?

After 48 hours, if no order of protection has been issued (or any other order prohibiting the owner from possessing a weapon), and if no criminal charge has been filed against the owner of the weapon, the weapon must then be returned to the owner.

When a New York court issues a protection order against a gun owner, it must suspend or revoke that person’s state pistol permit if the court finds a substantial risk that the person may use or threaten to use the weapon against the person for whose protection the order has been issued.

When determining a bail amount or considering the release of someone who has been charged with a domestic violence crime, a judge must take into account the defendant’s history of using and possessing firearms as well as any current or previous violations of protection orders.

What is New York’s “Red Flag” Law?

The Red Flag Law of 2019 allows courts in this state to issue Extreme Risk Protection Orders (ERPOs). These orders keep those who may be a threat to others or to themselves from owning or purchasing firearms. Anyone may request an ERPO, but you should have a lawyer’s help.

A 2022 revision to the law allows healthcare providers who’ve examined someone within the last six months to seek an ERPO, and it requires police agencies and prosecutors to file ERPO petitions when they have information that someone is likely to harm himself/herself or others.

Since September 2022, the law in New York has also required the State Division of Criminal Justice Services to review gun permit holders’ records on a monthly basis for any new criminal indictments, criminal convictions, or orders of protection.

When Will You Need an Attorney’s Help?

If you are charged with a crime of domestic violence, if you are the subject of a protection order, or if you are charged with illegally purchasing or possessing a firearm in or near the Syracuse area, you must contact a Syracuse domestic violence defense lawyer as quickly as possible.

If you are convicted of a firearms violation in this state, you could be sentenced to prison, so it is important to understand that a firearms violation in New York is like any other criminal charge. You have the right to remain silent and the right to a defense lawyer’s representation and advice.

If you are taken into police custody and charged with a weapons violation or a crime of domestic violence, and the police officers want to question you, say something like, “I prefer not to answer any questions until my lawyer can be here,” and then say nothing more. Instead, contact the offices of a Syracuse domestic violence defense attorney as quickly as possible.

Charged with a Firearms Violation? How Can You Fight Back?

You could be accused of a firearms violation due to a misunderstanding, a misidentification, or even because someone fabricated a claim against you. In New York, the most common defense against a weapons charge is that the defendant did not actually possess the weapon in question.

If you are charged with a weapons violation in the Syracuse area or anywhere else in New York State, you must be defended – aggressively and effectively – by a Syracuse criminal defense attorney who has substantial experience representing defendants charged with these crimes.

In these cases, to win a conviction, a prosecutor must link the defendant directly to the firearm, and if no link can be established, the prosecution’s case will probably fail. If you’re charged with a firearms violation, your lawyer will fight to uncover the truth and to win justice on your behalf.

Passalacqua & Associates Will Provide the Legal Help You Need

More than four thousand domestic violence incidents were reported to law enforcement agencies in Onondaga County in 2022. Many of those who were placed under arrest were innocent, but whether you are innocent or guilty, if you are charged with a domestic violence crime, you must be represented by a Syracuse domestic violence defense lawyer at Passalacqua & Associates.

The award-winning lawyers at Passalacqua & Associates have over thirty years of experience defending those accused of weapons violations and domestic violence. We routinely defend those who are charged with these crimes, and we fight for the best outcome for every client.

Our law offices are located in Syracuse, Rome, and Utica, but if you are charged anywhere in New York, now or in the future, with a weapons violation or a domestic violence crime, call Passalacqua & Associates at once – at 315-277-3548 – for a free, no-obligation case evaluation.

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.