Unlicensed Practice of a Profession

You are not really an immigration attorney, but clients pay you money for a service that maybe you can or maybe you cannot provide. Maybe you helped them or maybe you merely took their money, but either way the New York State Attorney General and investigators with the New York State Police are executing a search warrant on your purported office. Maye instead of practicing as a lawyer, you perform some medical or dental procedure after holding yourself out as a Board-Certified doctor or dentist irrespective of the specialty. Now, after servicing your clients in a professional or hack-like manner, detectives with the NYPD, with handcuffs at the ready, storm into your office to bring you face to face with the criminal justice system and the Manhattan District Attorney or other prosecutor’s office in New York City or the Hudson Valley. It seems quite obvious, in the general sense regardless of the allegations in your case, to both the untrained eye as well as that of prosecutors, judges and criminal lawyers, that if you are not a physician, dentist, lawyer or even a masseuse, you can't practice that profession without a license. In fact, the law preventing anyone, regardless of the profession, from doing so is a class “E” felony codified in New York Education Law 6512.

Elements of New York Education Law 6512

The pertinent elements of NY ED Law 6512 are that you practice or engage in a profession mandating licensure or offer to do the same. Further, it is criminal to merely hold yourself out as such a professional whether you had a license in another state or country or it was suspended, revoked or annulled. Even if you did not physically perform any professional services nor present another person with your ability to do so, if you aid another person who is unlicensed in obtaining or furnishing a diploma, license or permit appearing to permit that person to practice the profession her or she is not allowed, you are also guilty of Unlicensed Practice of a Profession pursuant to Education Law 6512.

What complicates this crime is if you are accused of practicing a profession such as a physician or a dentist and one of your patients is injured, you may face additional felonies including Reckless Endangerment or even worse. These offenses, such as Assault, Criminally Negligent Homicide and Manslaughter, can carry stiff and life altering incarceratory sentences. While not perceived as serious by the public, know that even in the realm of unlicensed massages, with or without the promise of or actually providing any sexual services, the police and prosecutors will still pursue the crime of Unlawful Practice of a Profession. When it comes to massage services, right or wrong, law enforcement associates these illegal activities with escorts and prostitution.

Whatever the factors, if you have been arrested for violating New York Education Law section 6512, it is imperative to recognize that even if you are not sentenced to the four years in prison as authorized by law, when you apply to graduate school, attempt to secure a legitimate certification, or you pursue careers in certain industries, there will be far more than a mere asterisk next to your name. Not only do felonies never get expunged in New York State, if you are legal resident or a holder of one of many United States visas, you have now jeopardized your future and legal status in every state of the union.

Because so much is at stake and you may have strong, viable and easily implemented defenses, it is critical to thoroughly examine your case before deciding the best defense to your arrest for NY Ed. Law 6512. Whether you ultimately pursue a mitigation defense or one based on a lack of the prosecution’s admissible evidence, the best way to move that defense forward with the knowledge, experience and advocacy of Crotty Saland PC’s New York criminal lawyers and former Manhattan prosecutors.

Call our New York criminal lawyers and former Manhattan Prosecutors at (212) 312-7129 or contact us online today

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