Practice Areas

Criminal Defense, Entertainment Law / Contract Law, Civil Litigation, Personal Injury, and Wrongful Convictions

“If you are suspected of a crime or charged with a violation of law, you may require the services of a criminal defense attorney to present your defense or negotiate a penalty. As different rules and procedures exist for different offenses, you should seek a criminal defense attorney who has worked on your particular type of case to provide you with the best defense. An experienced criminal defense attorney knows what information the government will need to prove your guilt. The defense attorney will also know what information you need to prove your innocence, including whether there are any legal rules justifying your actions.” – AVVO

Criminal Defense includes:

• Theft

  • Extortion: The crime of extortion occurs when a person uses threats or force to obtain something from another. If convicted of first-degree coercion, you could face up to several years in prison.
  • Embezzlement: Embezzlement typically occurs in the business world and involves the theft of funds or assets entrusted to you. Penalties for embezzlement vary based on the amount of money you are accused of stealing, but you could face as much as 25 years in prison.
  • Grand larceny: Theft involving property valued at $1,000 or more is grand larceny. Depending on what degree of larceny the prosecution charges you with, you face between four and 25 years in prison.
  • Petit larceny: Theft of property less than $1,000 is the crime of petit larceny and carries a penalty of up to one year in prison.

• Robbery

  • Third-degree robbery: Third-degree robbery occurs any time the defendant steals something by use or threat of physical force.
  • Second-degree robbery: Second-degree robbery occurs when the defendant forcibly steals property and acts with an accomplice present at the scene, displays a weapon such as a pistol or knife, causes physical harm to any innocent person or when the property is an automobile.
  • First-degree robbery: First-degree robbery occurs when the defendant forcibly steals property and causes serious physical harm to an innocent person, is armed with a deadly weapon, uses or threatens to use a dangerous instrument or displays a firearm.

• Burglary

  • Third-degree burglary: A defendant is guilty of third-degree burglary anytime he or she unlawfully enters or remains in a building and has the intent to commit a crime therein.
  • Second-degree burglary: Third-degree burglary automatically gets upgraded to second-degree burglary if the building at issue is a house or other dwelling, the defendant has a weapon during the burglary, the defendant causes injury to an innocent person, the defendant displays what appears to be a firearm or the defendant threatens to use a dangerous instrument.
  • First-degree burglary: First-degree burglary occurs when the building at issue is a dwelling and the defendant also causes physical injury to an innocent person, is armed with a firearm, displays what appears to be a firearm or uses or threatens to use a dangerous instrument.

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• Assault

  • Assault in the third degree: This crime is sometimes referred to as simple assault, and occurs any time a defendant intentionally, and without justification, causes injury to another person. Assault in the third degree is a misdemeanor.
  • Vehicular assault: Vehicular assault is a type of assault wherein the injury was caused by a motor vehicle. There are degrees of vehicular assault in New York including second-degree vehicular assault, first-degree vehicular assault and aggravated vehicular assault — and they are all felonies.

• Homicide

  • Murder in the second degree: Murder in the second degree occurs any time the defendant intentionally kills another human being absent of a mitigating factor. Murder in the second degree is also chargeable when the defendant unintentionally causes the death of an innocent bystander during the commission of, or in flight from, an enumerated felony.
  • Murder in the first degree: An intentional killing can be upgraded to murder in the first degree based on several aggravating factors including the following factors:

• Drug crimes

  • Drug Trafficking
    • First degree — Criminal sale of a controlled substance in the first degrees is knowingly and unlawfully selling at least two ounces or more of a narcotic or at least 2.88 grams of methadone. A non-major drug trafficker found guilty of this crime will be sentenced to a minimum of eight to 20 years in prison.
    • Second degree — This level of crime can be charged for the sale of at least .5 ounces of any narcotic, methamphetamine, stimulant, LSD or hallucinogen, or at least 360 milligrams of methadone. Punishments include a minimum prison sentence of three to eight years.
    • Third degree — This offense comprises the knowing and unlawful sale of any narcotic; at least one gram of a stimulant, hallucinogenic or LSD; at least 25 milligrams of a hallucinogen; or at least an eighth ounce of methadone. The minimum prison sentence for a first offender is five years.
    • Fourth degree —This is the knowing and unlawful sale of any narcotic preparation, or certain specified amounts of a depressant, dangerous depressant, concentrated cannabis, phencyclidine, methadone, ketamine or GHB. It also includes the sale of a controlled substance on the grounds of a school, daycare or educational facility.
    • Fifth degree — The knowing and unlawful sale of any amount of a controlled substance can result in this charge. The maximum prison sentence is 17 years.
  • Drug Manufacturing
    • Schedule I — Marijuana, heroin, LSD, MDMA, GHB, psilocybin (“magic mushrooms”)
    • Schedule II — Methamphetamine, morphine, oxycodone, amphetamine (such as Adderall)
    • Schedule III — Ketamine, lysergic acid, secobarbital, zolazepam
    • Schedule IV — Barbital, diazepam (such as Valium), flunitrazepam (roofies)
    • Schedule V — Certain cough medicines containing codeine, ezogabine

• Weapon crimes

  • Illegal guns, Knives, Metal knuckles, Stun guns, Electronic dart guns

• Misdemeanors

  • Menacing
  • Sexual abuse
  • Stalking

• Felonies

  • Second degree murder
  • Criminal use of a firearm
  • Kidnapping
  • Criminal sale of a firearm
  • Arson
  • Aggravated assault of a police officer
  • Manslaughter
  • Gang assault
  • Aggravated manslaughter
  • Hindering prosecution of terrorism
  • Criminal sexual act
  • Criminal possession of a chemical or biological weapon
  • Aggravated sexual abuse
  • Reckless assault of a child
  • Sexual conduct against a child
  • Stalking
  • Burglary
  • Rape
  • Robbery
  • Making a terror threat
  • Criminal possession of a weapon
  • Placing a false bomb or hazardous substance in a sports arena, mass transportation facility, or enclosed shopping mall

• DUI / DWI

  • Serious consequences can result from an arrest for Driving Under the Influence or Driving While Intoxicated, including jail or prison, severe fines, loss of your license, forfeiture of your vehicle, and a criminal record.

The Nesheiwat Law Group has a team of criminal defense attorneys ready to work with you.

Click here to hire a Criminal Defense Attorney in New York, Tennessee, Florida, Texas or Washington, D.C.