How Do I Fight Disorderly Conduct Charges In New York?

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Disorderly conduct is a crime that many people hear about in books, television, and movies, but it’s not one that people are often familiar with in real life. Unlike other crimes in the same category, disorderly conduct is not a predefined behavior or set of actions that have been deemed against the law. Instead, this offense is rather open-ended and is largely open to the interpretation of the arresting officer.

What Is Disorderly Conduct?

Some examples of disorderly conduct include but are not limited to:

  • Bar or street fights
  • Verbally threatening another person in public
  • Blocking traffic with your car or by standing or walking in front of vehicles on the road
  • Making excessive noise in a public or residential area
  • Creating a disturbance in a meeting or other lawful assembly
  • Purposely creating a hazard or dangerous condition without cause
  • Refusing to disperse when a police officer instructs you to do so
  • Using extremely obscene gestures or language loudly and obviously in public

Penalties for Disorderly Conduct In New York

You could spend up to 15 days in jail if you are arrested for disorderly conduct and receive a conviction. If the conduct you are convicted of included disturbing a funeral or other religious service, this is considered a Class A misdemeanor. In New York, a Class A misdemeanor is punishable by up to $1,000 in monetary fines and up to 1 year in county jail.

Potential Defenses Against Disorderly Conduct Charges

You may be able to defend yourself against charges of disorderly conduct with the help of a qualified criminal defense attorney. Here are some potential strategies you could use depending on the circumstances surrounding your case:

  • Mistaken identity. It wasn’t you that engaged in disorderly conduct and the police mistook you for someone else.
  • The action you were arrested for doesn’t qualify as disorderly conduct. The noise you were making was reasonable or you were not actually blocking traffic.
  • You were not aware that you were being disorderly. You have a mental or physical condition that causes you to be unaware of loud or disorderly conduct.
  • Police misconduct. If the police did not follow the proper protocol when arresting and booking you for disorderly conduct, the charges against you may be dismissed entirely.

Contact Scott Cerbin Criminal Defense For Legal Help Today

Charged with disorderly conduct? Call New York criminal defense lawyer Scott Cerbin now at 718-596-1829.

By : First Page Attorney | May 24, 2022 | state crimes

What’s Next If I’m Charged With Acting As a Criminal Co-Conspirator?

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It’s a common misconception that if a person didn’t commit an actual crime, they can’t be considered legally responsible for any part of it. However, you could be charged with  conspiring to commit the crime, and proving your innocence can be tough. You’ll need strong evidence that illustrates how you were uninvolved in the incident. Here’s how to seek legal support if you’ve been accused of assisting a person who was breaking the law.

Find Out How You’ll Be Treated as a Criminal Accomplice Under the Law 

In legal terminology, directly committing a crime means that you are the “principal” of the act. Anyone that helps is considered a conspirator, co-conspirator, or an accomplice. Often, accomplices are considered just as criminally responsible as the principal of the offense and may face the same charges. If someone died or was seriously hurt in the commission of the crime, this is even more likely.

Understand What the Prosecution Will Be Bringing Forward to Prove Their Argument 

Prosecutors are responsible for bringing forward evidence to prove you aided the principal and it’s important to understand how they plan on meeting that burden of proof. Certain elements will need to be proven by prosecutors to successfully convict you of criminal conspiracy, such as: 

  • Your behavior was indeed criminal under the law 
  • Your identity was not misjudged or mistaken; it was you that acted as an accomplice
  • You had full knowledge of your actions being illegal, or you reasonably should have been expected to know 

You should take the initiative to gather as much evidence as you can that directly challenges the evidence that prosecuting attorneys are attempting to use against you. If you weren’t with the person who committed the crime, you may have proof like a receipt or the testimony of a friend who can say you were with them. 

Another potential option is to specifically show how you would not have had knowledge of the crime being committed or any reason to suspect a criminal offense was in progress. 

Don’t Wait to Get Legal Help From an Experienced Defense Lawyer in New York

New York criminal defense attorney Scott Cerbin is an aggressive ally in the courtroom; something anyone charged with being a criminal accomplice needs. When your reputation is on the line and the pressure is mounting, you need someone on your side. Contact Attorney Cerbin today to get more information or to schedule a consult at 718-596-1829.

By : First Page Attorney | May 14, 2021 | state crimes

WHAT CRIMES FALL UNDER FEDERAL LAW

WHAT CRIMES FALL UNDER FEDERAL LAW
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Monday, August 19, 2019.

You may have committed and were accused of a crime. With some accusations, it’s hard to know whether you’ll be charged with a state or federal crime. What constitutes a federal crime?

A crime will be considered federal if it violates United States federal legal codes or if the one accused carried or performed their criminal activity across multiple states. Commercial fraud, wire fraud and drug trafficking are a few examples of federal crimes.

Other circumstances that will affect a crime’s federal status are as follows.

· Aggravated factors: Crimes such as different forms of fraud, assault, battery, theft and sexual abuse can become a federal issue if aggravated factors are applied. Some aggravated factors include, re-committing the same crime, committing the crime in front of a child, a lack of remorse or the level of harm done to the victim. Aggravated factors differ by jurisdiction. In addition to federal prison time, these factors could also lead to the loss of driving privileges, gun ownership and your rights to be around children.

· Crimes against the government: This sounds self-explanatory, and it is. If you commit a crime against your government, you will face prosecution in a federal court. Examples of said crimes are decrees to overthrow the government, hacking a federally owner computer system or server or identity theft of a state or federal official.

· Terroristic behavior or intentional harm: Most crimes associated with these types of behavior lead to injury or death. Many crimes that lead to the harm of many individuals are terroristic behavior. Crimes which it was clear and evident that harm against the victim was intentional will carry a federal conviction.

· Federal property: If you commit a lower-level state crime on federal property, you will be charged with a federal crime. Examples of federal property include Native American reservations, government housing and any other commercial property or building owned by the federal government.

The accused deserve high-quality representation to fight for their rights and innocence. An attorney known to fight for the people is your best hope if you end up being accused of a federal or state crime.

By : First Page Attorney | August 19, 2019 | Federal Crimes

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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