Case Results - Prior Results Do Not Guarantee A Similar Outcome

Grand Larceny & Criminal Tax Fraud

Our client, a proprietor of numerous hotels in New York City, was charged with a "B" felony and faced a mandatory minimum sentence of up to three years in state prison and a maximum term of twenty five years. Although the Manhattan District Attorney's Office alleged that our client owed over $5,000,000 in back New York State and New York City taxes, interest and penalties, we successfully challenged certain definitions and criteria in the tax statutes utilized by the prosecution. Upon doing so, the District Attorney's Office permitted our client to plead to a felony, but, if he paid back approximately $1,800,000, instead of the $5,000,000, he would receive no jail at the time of his sentence. Moreover, he was free to challenge whether he owed the remaining tax assessment through civil means.

Grand Larceny, Identity Theft & Forgery

Our client was charged in two separate cases with over twenty felonies including Forgery, Identity Theft, Grand Larceny, and Criminal Possession of a Forged Instrument. Prosecutors alleged our client stole over $70,000 from two individuals. After attacking the veracity of the complainants as to whether there was in fact a theft (our client had made a written admission under duress as to one of the complainants), prosecutors agreed to dismiss one of the cases in the entirety. In the second case, the prosecution agreed to reduce the theft to $20,000 and our client agreed to accept probation (no jail) on a misdemeanor plea to Petit Larceny (the "shoplifting" statute") and Criminal Possession of Stolen Property. Our client had been facing up to seven years in state prison on each docket if indicted and convicted.

Grand Larceny & Criminal Tax Fraud

Our client, a trader in a hedge fund, failed to file years of state and federal tax returns. Prosecutors and New York State alleged that our client owed tens of millions of dollars in back taxes to New York. Although an arrest was threatened, prosecutors dropped the entire criminal case and our client filed years of old returns after we successfully negotiated on his behalf. Our client agreed to pay any deficiencies.

Grand Larceny

Our client, employed in finance, was charged with felony counts of Grand Larceny, punishable by up to seven years in state prison, and other offenses in a case that riveted the city and captured the attention of the media throughout the state and nation. Our client was accused of going to open houses for apartment sales throughout New York and stealing all sorts of valuable property after posing as a potential buyer. After extensive negotiations with the prosecutor and presenting the prosecution with a "Clayton" type motion, the prosecutor agreed have our client return to Supreme Court a few times over the course of a year to make sure certain requirements were being followed. After that year, the prosecutor would move for an Adjournment in Contemplation of Dismissal (ACD) thereby dismissing the case that was initially charged as a felony.

Possession of a Forged Instrument & Forgery Device

Our client was charged with 27 total counts of Criminal Possession of a Forged Instrument in the Second and Third Degrees as well as Criminal Possession of a Forgery Device. If convicted our client faced up to seven years in prison. Police alleged that the vehicle in which our client was riding changed lanes without signaling. As a result, the police stopped the car. Ultimately, the police went into the vehicle and recovered 15 credit and gift cards as well as a scanning device. After confronting prosecutors as to the legality (or lack thereof) of the stop and search, prosecutors agreed to offer our client a misdemeanor. Rejecting the misdemeanor, the case was ultimately dismissed.

DWI
Our client was charged with "Common Law" DWI, DWAI and driving without a license. Although prosecutors had offered a traffic infraction, we maintained that our client was not driving drunk and we demanded a trial. During cross examination, the arresting officer admitted that errors in his paperwork were done in such a manner because it was "easier" for him. Additional cross examination revealed that the officer did not smell alcohol on our client or notice any traits of intoxication for nearly twenty minutes after the officer interacted with our client. Ultimately, we obtained an acquittal of all charges at trial.

Grand Larceny

Our client worked for a restaurant where our client was alleged to have embezzled and defrauded the owner by conducting transactions for cash or voiding transactions and keeping the proceeds. In total, our client was alleged to have stolen approximately $30,000. After extensive negotiations, our client pleaded to a misdemeanor offense and avoided incarceration and probation after facing a "D" felony of Grand Larceny in the Third Degree punishable by up to seven years in state prison.

Grand Larceny & Forgery

Our client procured funding for small films seeking millions of dollars in financing. A film company accused our client of deceiving them by, among other things, presenting a fraudulent bank statement and contract. As a result, our client was accused of obtaining approximately $17,500 through false pretenses. After extensive negotiations, our client voluntarily surrendered himself after we brokered a deal. That same day, the court arraigned our client on felony counts of Grand Larceny and Forgery. Prosecutors permitted our client to plea to a misdemeanor Petit Larceny (the "shoplifting" statute) and he was sentenced to a conditional discharge, the condition being he stayed out of trouble for a year. Not only did our client avoid the embarrassment of a public arrest, but he avoided a felony, jail, probation and community service.

Assault

Our client was charged with assault after striking another man in the head area multiple times with the handle of an axe. After obtaining his release at his arraignment we aggressively challenged the prosecutions case and established that our client acted in self defense. As a result, we obtained a complete dismissal of the charges on the first date our client returned to court.

Grand Larceny

Our client, a high level administrator at a not-for-profit, was accused to have embezzled and taken over $50,000 from the business account of the organiztion. It was alleged that these monies were taken during a period of time that exceeded well over a year. Although the Grand Jury indicted our client before we were retained, we worked out a disposition for our client where the client obtained no jail or probation and simply received a conditional discharge, the condition being that the client "stay of trouble." Our client had faced a sentence of up to 5 to 15 years in state prison.

Grand Larceny

Our client had been using his deceased mother's credit card since 1993 and owed approximately $27,000 on that card. After recognizing the alleged fraud on my client's part, the credit card company sought out my client in reference to payment and possible criminal action. After negotiating with the company we were able to obtain a written agreement halting the interest fees and reducing the amount owed to a set amount of $18,000. Moreover, the client was permitted to pay off the debt in three years and the credit card company agreed not to pursue any criminal charges with any law enforcement agency.

Assault

Our client was charged with assault after he allegedly punched an individual numerous times and broke that person's nose. Although our client had a criminal record relating to assault and robbery, we persuaded the court to release our client without bail. More importantly, we convinced the prosecution that our client acted in self defense. As a result, the case was dismissed on the first date our client returned to court.

Grand Larceny

Our client was arrested and charged with Grand Larceny in the Third Degree for allegedly stealing over $20,000. Despite the fact that the case was a "paper case" and both credit card transactions and internal company records indicated that our client was responsible for the alleged theft, we negotiated a disposition for our client where she pleaded to a misdemeanor and avoided jail completely. If indicted, our client had faced up to seven years in prison.

Grand Larceny & Identity Theft

Our client, an accountant for a not-for-profit, allegedly opened up a line of credit in the name of another board member by signing that board member's signature and providing his personal information. As a result, it was alleged that our client withdrew approximately $25,000 from the line of credit for his personal use. After arguing that our client had permission to open the account, prosecutors went back to the complainant and he acknowledged that he may have given permission to open the line of credit. Fortunately, our investigation revealed an old email from years earlier that reflected this assertion. Ultimately, prosecutors offered our client a Petit Larceny misdemeanor without jail (he had been facing up to seven years). Our client was ordered to pay back the $25,000 in restitution. Most importantly, our client did not have to plea to a felony that would have jeopardized his accounting license and career.

Burglary in the Second Degree

Two clients were charged with Burglary in the Second Degree and where facing mandatory minimum terms in state prison of 3.5 years and up to 15 years. Our clients allegedly went to another person's home, forced themselves in, struck the person and knocked out a window. After getting our clients released without bail, we confronted prosecutors with our exculpatory evidence. Prosecutors first offered an "A" misdemeanor. This was denied and prosecutors threatened a felony hearing. On the date of the hearing, prosecutors reduced the case to an "A" misdemeanor and offered a lower crime. This too was rejected. Ultimately, as a result of our aggressiveness, prosecutors offered our clients a plea to the violation of Disorderly Conduct. Our clients completely avoided a criminal record.

Aggravated DWI

Our client, a business professional, was charge with Aggravated DWI after he blew a .192 on the intoxylizer. After some time, a motion was made to dismiss all charges. After a first court denied our motion and sent the case out to start a trial, we filed the motion a second time. The second judge review our motion and dismissed the case over the prosecution's objection.

Criminal Possession of a Weapon in the Second Degree

In four separate cases, our clients were charged with possessing a loaded firearm. Due to numerous mitigating factors, all four not only avoided jail, but criminal records at all. Two clients obtained an Adjournment in Contemplation of Dismissal whereby the case was dismissed in six months and the other two clients received a Disorderly Conduct violation.

Grand Larceny, Identity Theft & Falsifying Business Records

Our client, a nursing student and graduate of one of the top colleges in the nation, allegedly made a grave error when he opened up a credit card account after an application was incorrectly sent to him in the name of an unknown person. Upon opening the account, our client was alleged to have obtained a second credit card in our client's own name. Thereafter, it was alleged that our client used that credit card to purchase a Honda Accord worth approximately $25,000. Ultimately, our client was arrested for this alleged conduct. Fortunately, after months of negotiations, all felony charges were reduced and our client pleaded to a non-criminal violation of Disorderly Conduct.

Assault

Prosecutors charged our client, a CEO of a mulit-million dollar international company, with Assault in the Second Degree, after an individual accused our client of attacking her and causing her to sustain, among other things, bleeding on the brain and a fracture to her skull. Along with our client, who was facing a felony and up to seven years in state prison, we thoroughly investigated the case as well as the alleged complainant as to the manner in which the Assault allegedly occurred, the extent of the alleged injuries and the likelihood those injuries were the result of our client's intentional conduct. Our investigation revealed that our client could not have perpetrated the crime in the manner claimed by the prosecution. As a result, the felony charge was reduced to a misdemeanor and our client received no jail at all.


Prior results do not guarantee a similar outcome.

New York Criminal Lawyer Blog - Case Results