Below are brief definitions of the most common charges in alphabetical order, as well as some common legal terms.

ASSAULT :: Intentionally causing physical injury to another person. Assault can be either a felony or a misdemeanor depending on whether (and what kind of) a weapon was used and how badly the victim was injured. BURGLARY :: Entering, or unlawfully remaining, in a building with the intent to commit a crime inside. The intent to commit the crime must exist at the time of entry but it is not necessary for any crime to actually be carried out. Burglary can be either a B, C or D felony depending on whether (and what kind of) a weapon was used and whether someone was injured. CRIMINAL CONTEMPT :: The violation of a court order of protection -- either no contact or no offensive contact. Criminal contempt can either be a misdemeanor or a felony depending on the nature of the violation.
CRIMINAL POSSESSION/SALE OF CONTROLLED SUBSTANCES OR MARIJUANA :: See Drugs Page CRIMINAL POSSESSION OF A WEAPON :: See Weapons Page DISORDERLY CONDUCT :: Disorderly conduct encompasses a wide range of behavior considered offensive to

public order. Disorderly conduct is a violation and may be offered in a plea bargain as an alternative to a misdemeanor.
DRIVING WHILE INTOXICATED (DWI, DUI) :: See DWI Page FEDERAL CRIMES :: See Federal Page HARASSMENT :: Harassment is communicating with a person in a manner likely to cause annoyance or

alarm, placing a person in reasonable fear of physical injury, or making a telephone call with no purpose of legitimate communication. Harassment can be either a misdemeanor or violation depending on the nature of the conduct.
HOMICIDE :: See Homicide Page LARCENY :: Larceny is wrongfully taking or withholding another person's property with the intent to

permanently deprive the owner of that property. Larceny can be either a felony (Grand) or misdemeanor (Petit) depending on the value of what was stolen. MENACING :: Menacing is displaying a weapon or engaging in a behavior that intentionally places another person in reasonable fear of physical injury or death. Menacing can be either a felony or misdemeanor depending on whether the defendant has previously been convicted of menacing within the last ten years. RAPE :: Rape encompasses a variety of acts: stranger rape, date rape,consensual sex with someone under 17, or consensual sex with someone who is mentally impaired (with permanent mental defects or impaired by drugs or alcohol). Rape cases are factually and scientifically complex and require very astute counsel. All rape charges are felonies. ROBBERY :: Robbery is stealing with force. Force or intimidation is required and the property must have been taken from the victim's person or some location reasonably close to the victim. Robbery can be either a B, C or D felony depending on whether (and what kind of) a weapon was used and if someone was injured.
WHITE COLLAR CRIME :: See White Collar Crime Page

Automobile Presumption: EVERY person in a car where drugs or a gun are found can be charged with possession of the drugs or gun, unless the item was hidden on the body of one of the occupants. This is even true if the item was in the trunk or glove box and not all the occupants knew it was there. It is a very common tactic for a prosecutor to charge four or five people with the same gun or package of narcotics. Because of this, many defendants have found themselves charged with a crime for just being in the wrong place at the wrong time. Room Presumption: Any drugs or guns in open view in a room are presumed to be possessed by EACH AND EVERY person in close proximity to them at the time the items were found,

unless the item was hidden on the body of one of the occupants. Many of Mr. Nobles' clients have found themselves charged with possession for being at a party where drugs were being used.

CRIMINAL POSSESSION/SALE OF CONTROLLED SUBSTANCES OR MARIJUANA :: Criminal possession/sale includes owning, holding, selling, giving, sharing or controlling any amount of illegal drugs. The type and quantity of the drugs affect the level of crime charged and whether it is a misdemeanor or a felony. Marijuana has its own misdemeanor and felony parameters, which are generally not as severe as other drugs such as crack, cocaine, heroin or prescription drugs. Below are some important legal terms used in these cases: Buy & Bust: A buy and bust case involves an undercover officer purchasing drugs from a seller and then notifying a nearby backup team with a description of the seller. Upon arrest, the seller may be found to possess additional drugs or the marked "buy money." Observation Sale: An observation sale is when an officer personally observes a drug transaction but does not participate in it. CRIMINAL POSSESSION OF A WEAPON :: Weapons possession charges can come in a variety of counts, ranging from misdemeanors to felonies, based on the specific facts of the case and the type of weapon. Items other than guns that can be considered illegal weapons include mace or pepper spray, electronic dart or stun gun, gravity or switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, blackjack, metal knuckles, chukka stick, wrist-brace type slingshot and Kung Fu star. The most serious count is Criminal Possession of a Weapon in the Second Degree, which is when a person is charged with having an unlicensed, loaded handgun outside of the home or place of business. Another common charge involves the possession of any firearm, rifle or shotgun by someone previously convicted of a felony. This includes people convicted of DWI and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree. Weapons charges can also be based on the Automobile and Room Presumptions as outlined above. It is not uncommon for the District Attorneys Office to charge multiple occupants of a house, apartment or car with possession of the same weapon.

DWI CHARGES & PENALTIES

You can be charged with DWI/DWAI in New York in two different ways, and often both tests are utilized together: Blood Alcohol Content Test (BAC) You can be charged with a DWI when a breath test reveals a Blood Alcohol Content greater than 0.08. If a Blood Alcohol Content test results in a reading of 0.05 to 0.07, you will be charged with DWAI. This measurement is taken using a breathalyzer machine into which you exhale or blow. It can also be taken from your blood, if you are injured and go to a hospital. Field Sobriety Tests You can also be charged with a DWI/DWAI when the arresting officer forms an opinion that you are intoxicated or your ability is impaired, based on observations and your performance on Field Sobriety Tests (which commonly include: the alphabet test, walk and turn, counting from 1 to 20 and from 20 to 1, and the finger-to-nose test, among others).

DWAI - Driving While Ability Impaired This is a less serious charge than Driving While Intoxicated. DWAI is always a violation and does not go on your record. The maximum sentence is 15 days in jail. Probation is not a possible punishment. The most common sanction is a fine of $300 to $500, along with required New York State surcharges. Additionally, if convicted of DWAI, your license will be suspended (at least partially), generally for 90 days. DWI - Driving While Intoxicated DWI can be either a misdemeanor or felony. Both misdemeanors and felonies stay on your record for life. Your first DWI, or the only one in the last 10 years, is a misdemeanor. A misdemeanor conviction can carry a range of sentences from a $500 fine to a maximum of one year in county jail. Probation is a common sentence in cases involving a car accident or a high BAC. A misdemeanor DWI conviction will result in the loss of some driving privileges for at least six months. A DWI is a felony when you have a prior DWI conviction within the last 10 years. A felony DWI can carry a range of sentences from a $750 fine to incarceration, with a maximum state prison sentence of seven years. Probation is also a very common sentence in felony DWI cases. Further, a felony DWI will also result in a suspension of some, possibly all, driving privileges for at least six months. DUI Driving Under the Influence Many states use this acronym for driving under the influence of alcohol, which may be a violation, misdemeanor or felony depending on the specific state and the facts of the case. In New York State there is no DUI charge, only DWI and DWAI as defined above.

DWI DEFENSES & NEGOTIATIONS

BURDEN OF PROOF The prosecution must prove every element of a DWI, beyond a reasonable doubt. These elements include: That you were operating a motor vehicle; On a public highway (that means any public road); In an intoxicated condition; Due to the voluntary consumption of alcohol or drugs; and That the stop of the vehicle was lawful and not in violation of the United StatesConstitution or the laws of the State of New York. DEFENSES - Ways to fight these elements Operation can be disputed if the car was not running, running but not moving, or if there was a motor vehicle accident prior to the arrival of the police. The public roadway provision is fairly clear, but also includes some parking lots or driveways, based on certain facts. Intoxication can commonly be challenged regarding the officers opinion, even if a breath and/or field sobriety tests have been obtained. Field sobriety tests are not an exact science and leave much open tointerpretation. Judges and juries are charged with evaluating an officersopinion and making their own judgments about intoxication based on the officers testimony of the events as opposed to his/her opinion. Breath testing equipment is very temperamental, needs routine maintenance and the testing must be done according to strict guidelines. There is often a basis to challenge the accuracy of a breath testing instrument.

Consumption is almost always voluntary, and thus consumption rarely comes into play, unless someone may have spiked your drink. An illegal stop of a motor vehicle is another common way to challenge and beat a DWI charge. At a pre-trial hearing, the prosecution must prove beyond areasonable doubt that the officer had a reasonable suspicion to stop the vehicleand probable cause to arrest you for a DWI. If the prosecution fails to meet therequirements, all testimony regarding any breath test, field sobriety test and/or anystatements will not be allowed to be used at trial, making the prosecutions ability to prove the case almost impossible.

HOMICIDE
Homicide charges include murder, manslaughter, vehicular manslaughter and criminally negligent homicide. All of these counts include an action, intentional, reckless or negligent, that ultimately results in the death of another person. Homicides are complex crimes to defend, varying greatly on of the specific facts of the case and the particular crime charged. All homicide charges are felonies. The most common charge is Murder in the Second Degree, which if convicted, carries a sentence range from 15 years to life to 25 years to life. With
such serious punishments, most homicide cases should, and do, go to trial.

WHITE COLLAR CRIME

White collar crime encompasses a vast list of charges including: computer tampering, conspiracy, creditor fraud, embezzlement, falsifying business records, forgery, grand larceny, insurance fraud, offering a false instrument for filing, official misconduct, prescription medication violations, unemployment fraud, and welfare fraud among other criminal charges. The most common white collar cases involve the employer/employee relationship or allegedly forged documents. White collar crimes can range from misdemeanors to felonies, and sentencing after a conviction or plea can run from small financial restitution to several years in prison.