In this section of our website, we have answered hundreds and hundreds of questions our clients have asked us over the years. Instead of looking all over the Internet for an answer to a question you have about an arrest or investigation in New York City, spend 10 seconds and see if we have answered it here. Here’s how to find your answer….
Federal criminal cases are especially complex, and when it comes to charges that you’ve trafficked firearms in New York, either by illegally importing and selling in the state or selling to unapproved persons (or both), you are facing charges that can put you away for decades.
Typically, Federal firearms convictions result in a ten year sentence and $250,000 fine for each count, but since these cases are often enmeshed in other illegal activities, like drug trafficking, it’s difficult to guess what any person’s exposure will be.
New York charges heroin possession at different levels based on the weight of the drugs involved, so penalties can range from a Class A Misdemeanor for quantities under one-eighth of an ounce, carrying a potential penalty of one year in jail, to a Class A Felony for possession of more than eight ounces, carrying a potential sentence of up to 20 years in jail.
Individuals who import prescription drugs into New York for the purposes of selling them are subject to serious state and federal penalties.
Depending on the scale of the operation, you may find yourself the target of the federal Drug Enforcement Agency, and facing a variety of criminal charges in US Federal Court.
Children under the age of 16 years old who are found in possession of marijuana in New York are classified as juvenile delinquents, and their cases will be heard within the Juvenile Justice system.
Rather than face a jury, your child’s case will be heard by a judge, who will ultimately decide what penalties apply.
Individuals who find themselves under investigation for Medicaid Fraud are typically believed to have run afoul of one or more of Medicaid’s eligibility requirements.
Investigators may believe you have hidden cash or assets in order to apply for benefits, or in other cases, that you have allowed others to use your Medicaid benefits, or sold items like prescription drugs or medical devices obtained through your Medicaid benefits.
When a medical practice is placed under the microscope by insurance auditors, the Office of Professional Medical Conduct, or Medicaid or Medicare investigators, it’s all to common for minor mistakes to be blown up into allegations of serious misconduct.
Physicians charged with health care fraud face a variety of potential penalties, including the risk of federal prosecution for billing irregularities with Medicare and other problems.
Doctors who over-prescribe drugs in New York are likely to fall under suspicion from the DEA, who will investigate for prescription fraud.
If DEA finds significant evidence of wrongdoing, there are a number of charges that can ultimately be filed, with a wide variety of sentencing options.
Prescription Drug Fraud is a felony crime that carries a sentence of up to five years in federal prison, but federal cases tend to be complicated and include many parts.
New York has a clear policy when it comes to gambling in the City and everywhere in the state: Gambling is against the law.
-That said, there are a number of specific offenses that can be charged, and penalties can vary from misdemeanors, carrying a possible sentence of a year in jail, to felony convictions carrying long prison terms.
The answer is maybe, as it depends on the nature of the spam and if it causes measureable harm to the recipient.
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) of 2003 was an attempt by the federal government to regulate spam emails and assert federal control over marketing emails. The enforcement of this law however, has been spotty, but the CAN-SPAM Act allows for private litigation to be taken by Internet Service Providers against spammers.
In New York, one of the crimes one may be charged with based on allegations of credit card fraud is Forgery in the Second Degree, which is a “D” felony punishable by up to seven years in state prison.
A person is guilty of Forgery in the Second Degree if he or she fraudulently signs the name of the real holder of the credit card or debit card on a written instrument such as the transaction receipt. Whether a charge of forgery in the second degree will obtain does not depend on the value of goods stolen by signing the false name on the receipt. When a person forges a signature without authority and with the intent to defraud the credit card company and/or the store or the cardholder, she or he is guilty of Forgery in the Second Degree.