New York Coercion Crimes: NY Penal Law 135.60 and 135.65
Certain crimes in the New York Penal Law have a sinister aura that lingers with and follows an accused throughout their prosecution from the inception of an investigation and arrest through their potential indictment and trial. Attorneys experienced with representing clients accused of Coercion, as well as lawyers representing and advocating for victims of this offense, can attest to how New York Penal Law 135.60 and New York Penal Law 135.65 are perceived and enforced by District Attorneys in New York City and the Hudson Valley. Simply, whether an allegation of First Degree Coercion or Second Degree Coercion involves threats of violence, property damage or other misconduct to induce a person to behave in a certain manner, a defendant should have no misgivings. If you are the subject of a Coercion allegation, expect the NYPD, State Police, Attorney General, District Attorney, and any other branch of law enforcement to take your case quite seriously.New York Coercion Crimes: The Basics
Coercion in New York falls into two distinct degrees that share many common elements. The lesser offense, if “lesser” is such a thing in the realm of the criminal law, is Coercion in the Second Degree. This crime, NY Penal Law 135.60, is a class “A” misdemeanor. No, incarceration is not mandatory, but your exposure post-conviction is as significant as one year in a local jail. If your conviction is in Poughkeepsie, for example, the Dutchess County Jail is where you will be house and the infamous Rikers Island in New York City is where a judge will sentence you in Manhattan, Brooklyn, Bronx and Queens.
- Second Degree Coercion: NY Penal Law 135.60
- First Degree Coercion: NY Penal Law 135.65
- Defenses to Felony and Misdemeanor Coercion
A class “D” felony, Coercion in the First Degree has a vastly more potent sanction. If convicted of NY Penal Law 135.65, even if you have no criminal history, a judge has the authority to sentence you to prison for as long as two and one third to seven years. It should also be expected that from your initial arrest and arraignment through any type of plea or conviction, the court will issue an Order of Protection, aka, a Restraining Order or Stay Away Order, in favor of your accuser.
No matter what degree crime you face, remember to consult with your Coercion defense attorney or criminal lawyer to best understand not only the crime or crimes the District Attorney has charged you with, but to formulate your best defense. In doing so, know that the principle and foundation of both PL 135.60 and PL 135.65 is that you target another person and frighten him or her with some form of threat to refrain from pursuing certain conduct or engaging in other behavior. This behavior that you seek to modify must also be of a nature that the targeted person otherwise had a right to involve him or herself in or refrain from the same. The enhancements that raise the crime from a misdemeanor to a felony are set forth in the applicable sections linked on this page.New York Coercion Crimes: Your Case
Generally speaking, your defense to a Coercion accusation or arrest is dependent on the nature of the allegations and the evidence supporting the accusations. Similarly, if you are a victim of Coercion, differentiating the crime from Extortion or Blackmail while also acknowledging that Coercion is often accompanied by other criminal conduct such as Aggravated Harassment is important. Without fully grasping the scope of claims against you or your abuse by a coercer you cannot take the proper steps to secure the closure you need on either side of the criminal justice system.
No matter who you are, irrespective of the factual basis of the Coercion, and regardless of whether the matter stems from Putnam County, Brooklyn, Queens, Rockland County or elsewhere in New York City or the Hudson Valley, the right legal counsel can make the difference between either a criminal record as a defendant or your continued victimization as a complainant.
- New York Criminal Arrests and Convictions: Immigration Consequences
- NYC Employee Arrests: Direct and Collateral Consequences
- Doctors, Nurses and Other Medical Professionals: NY Arrests and Licensure
While the choice is yours to make, be rational and remain calm to best secure the help you need. When you are prepared to put your proverbial “best foot forward” contact the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC so advocacy, knowledge and experience can be your strongest defense to your Coercion arrest or coercive abuse at the hands of a vengeful, hurtful and callous person.
Call our criminal lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.