THE DIFFERENCES BETWEEN THE DEGREES OF VEHICLE HOMICIDE
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Thursday, November 21, 2019.

Intoxicated motorists who cause the death of another stand the potential of being charged with vehicular manslaughter in New York. This crime may be classified as either a first-degree or second-degree felony depending on the nature of the offense.

A second-degree vehicular manslaughter charge is considered a Class D felony in New York.

An individual may be charged with vehicular manslaughter if they meet three different conditions. If a motorist causes the death of another while under the influence of drugs or alcohol, then they may be charged with this crime. Snowmobile and all-terrain vehicle operators fall under the umbrella of motorists according to New York Penal Code Section 125.12.

Someone may also face the same charges if they cause someone else’s death while operating a vehicle that both weighs 18,000 pounds and is carrying explosives, radioactive materials or flammable gas.

First-degree vehicular manslaughter is considered to be a Class C felony in New York.

A suspect must have met all the conditions to be arrested on second-degree vehicular manslaughter charges and meet additional criteria to be charged with the more serious first-degree offense.

New York Penal Code Section 125.13 spells out how any defendant who is determined to have had a blood alcohol content (BAC) of .18% when they caused another’s death may be charged with first-degree vehicular manslaughter.

Anyone who is suspected of having caused a fatal crash while driving on a suspended or revoked license whether in New York or another state may also face the more serious of the two charges, even if their revocation was caused by a motorist refusing to submit to chemical testing.

Any motorist that causes the death of more than one individual or has previously been convicted of certain traffic laws may also be charged with a first-degree offense. Drivers who cause the death of their child passenger 15 or younger may also be charged with vehicular manslaughter in the first degree.

Certain factors can lead to you facing aggravated criminal charges. These may carry with them increased fines and a longer prison term if you’re convicted of such a crime here in New York. An attorney can advise you of the potential penalties that you’re facing and advise you of defense strategies that you may want to employ in your case.

NEW YORK MAN FACES FEDERAL FINANCIAL FRAUD CHARGES
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Friday, November 8, 2019.

A Nanuet, New York, man is facing federal charges for his alleged role in a pair of financial schemes.

The indictment, obtained by the U.S. Attorney’s Office for the Southern District of New York, charges him with securities fraud, wire fraud and structuring charges.

In the first half of the case against him, the man is alleged to have taken money from investors with the promise that he would earn for them a 20% return every 60 days by putting their funds into stocks. The investors were told their principal and interest were guaranteed.

Instead, the government said, the man told the investors that their return was coming, but instead, used their money to buy a fast-food franchise and luxury cars. He also spent some of the money gained from new investors to pay initial investors to try to keep his alleged crimes from being detected in a Ponzi-like scheme, according to the indictment.

He is alleged to have bilked more than $2 million from 100-plus investors from November 2016 through February 2019.

In the second half of the case, the man is alleged to have embezzled more than $400,000 from two hotels that employed him. Prosecutors said he took money from the hotels’ bank accounts and deposited the money into his own accounts through structured transactions.

At the time, he was employed as the director of finance for the hotels and had check-writing privileges. The indictment alleges he wrote checks payable to cash or petty cash totaling more than $400,000.

The 50-year-old man faces up to 45 years in prison if convicted of these charges. White collar crimes such as these are among the most serious charges a person can face. This man will need strong legal assistance.