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Could You Be Charged With Murder?

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

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

What Homicide Charge Could Be Filed Against You?

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

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

Second-degree murder takes place in this state when:

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

What is New York’s Felony Murder Rule?

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

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

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

How Will Your Lawyer Defend You Against a Murder Charge?

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

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

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

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

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

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

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

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

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

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

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

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

What if the Evidence of Your Guilt is Undeniable?

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

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

Let Passalacqua & Associates Advise and Represent You

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

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

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

How Do You Contest a Restraining Order?

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

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

What is a Restraining Order?

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

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

Which Courts Issue Restraining Orders?

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

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

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

What Do Final Restraining Orders Provide?

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

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

What Do Restraining Orders Require?

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

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

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

How Do You Contest a Restraining Order?

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

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

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

If the Claim Against You is Fabricated

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

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

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

What Else Should You Know?

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

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

Passalacqua & Associates Will Help You Fight a Restraining Order

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

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

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

Could You Be Charged With a Felony or a Misdemeanor?

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

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

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

How Are Misdemeanors Classified in New York?

Misdemeanors in New York are sorted into three classes:

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

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

How Are Felonies Handled in New York State?

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

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

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

Do Defense Attorneys Handle Felonies and Misdemeanors Differently?

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

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

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

What Else Should You Know?

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

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

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

Passalacqua & Associates Fights Aggressively for Every Client

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

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

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

Have You Been Accused of Discharging a Firearm in Public?

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

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

What Acts Are Explicitly Prohibited?

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

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

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

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

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

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

What About Discharging a Firearm While Committing a Crime?

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

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

What Are the Penalties for a Conviction?

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

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

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

How Will an Attorney Defend You?

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

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

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

What Are the Defenses to Discharging a Firearm in Public?

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

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

Charged With a Firearms Violation? Call Passalacqua & Associates

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

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

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

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.