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Criminal Defense

Mr. Kahn has demonstrated success for those facing criminal charges, whether a misdemeanor (a lesser offense than a felony which is punishable by up to one year in county jail) or a felony (an offense which is punishable by more than one year in state prison) in Westchester County, New York and throughout New York State. In New York, misdemeanors are separated into three types of offenses: Class A, Class B, and Unclassified. Class A misdemeanors are more serious than Class B misdemeanors. Unclassified misdemeanors include both more and less serious offenses. Class A misdemeanors are punishable by not more than one year in jail or three years probation and not more than $1,000 in fines. Class B misdemeanors are punishable by not more than three months imprisonment or one year probation and not more than $500 in fines. New York uses five categories and two subcategories of felonies (A-I, A-II, B, C, D, and E) ranging from the most severe to the lease serious offenses. In the New York Penal Law's description of each offense, the degrees of an offense determine the seriousness of the crimes. For example, burglary in the second degree is a Class C felony while burglary in the first degree, the more serious offense, is a Class B felony.

Individuals may also be charged with a violation, an offense other than a traffic infraction, which is not a crime but which may be punishable by up to 15 days in prison. Common types of violations are harassment, trespass and disorderly conduct. One arrested for committing a violation may be taken into custody but will usually be issued an appearance ticket indicating the time and place to appear in court. We have been successful in negotiating plea bargains for clients charged with more serious offenses to plead guilty to violations, without serving any prison time.

With respect to any criminal matter, we suggest that you call us as soon as possible in the process and not speak to anyone other than your counsel about the particulars of your case. Upon contacting us, we can discuss the implications of the alleged charges. Generally, your prior criminal record, if any, and the severity of the charges will dictate the seriousness of a particular case. We are familiar with the courts and respected by the Judges and District Attorneys which is beneficial in obtaining the most favorable outcome on your behalf.

We can assist you with all types of alleged violations or crimes such as resisting arrest, domestic violence, theft related crimes, juvenile crimes, harassment, drug possession, assault, sex crimes, and probation violations. In particular, we are frequently called to assist with alcohol and drug related motor vehicle matters related to charges, including but not limited to:

DWAI ("Driving While Ability Impaired"), .05-.07 BAC (Blood Alcohol Content) and higher in NY;

DWI ("Driving While Intoxicated"), .08 BAC and higher in NY;

Aggravated DWI ("Aggravated Driving While Intoxicated"),.18 BAC and higher in NY;

DWAI/Drug (Driving While Ability Impaired by a Drug other than Alcohol);

DWAI/Combination (Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol);

CTR ("Chemical Test Refusal"), which occurs when a driver refuses to submit to a chemical test; and,

ZTL ("Zero Tolerance Law"), which is implicated when a driver under the age of 21 years old drives with a BAC of .04 to .07 in New York.