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Criminal Defense of Disorderly Conduct in New York

Criminal Defense in New York

As a criminal defense attorney in Westchester County, White Plains, New York it is important to keep up to date regarding new case law and changes in the New York State Penal Law.

One of the most common offenses in New York State is that of Disorderly Conduct. A Disorderly Conduct charge is usually an additional charge to more serious charges such asDWI, drug sale or drug possession, gun charges, assault charges,weapons charges,larceny and other similar types of charges.

A Disorderly Conduct charge is very fact specific and there is no one defense for the charge. However in clarifying the offense the highest court in New York State, The New York State Court of Appeals, recently distinguished important factors to consider when officers claimed the defendant created a public inconvenience annoyance or alarm.

In People v. Baker, 20 NY3d 354, the Court of Appeals found that there was no basis for a Disorderly Conduct conviction as there was no evidence at trial of a "public harm" a necessary element of the offense. Instead the justices found that the dispute was not towards the public was more personal in nature.

The defendant had a 15 second outburst consisting of two abusive statements towards two police officers who were in a police car. One of the officers exited the police vehicle but neither testified that they felt threatened. Although a crowd gathered no one in the crowd expressed any inclination to become involved in the dispute. In this case the defendant's conviction was reversed.

This is a clear example of how every case has its own set of factual circumstances and must be aggressively defended especially when a disorderly contact offense is accompanied by a more serious charge.

The best criminal defense is to hire a top criminal defenseattorney. At Riebling, Proto & Sachs, LLP we have extensive experience with all types of criminal cases bothfelonies and misdemeanors. We aggressively defend our clients to protect their rights.

If you or a loved one has been arrested call our office for afree consultation (914) 946-4808.

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