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What is the Difference Between Murder and Capital Murder in Middletown, NY 10940
Capital murder in Middletown, NY 10940 occurs when a murder case involves one or more of the aggravating factors outlined in the Middletown, NY 10940 Penal Code. These aggravating factors are explained below.
Murdering Specific Victims
Murdering specific victims will always elevate a murder charge to a capital murder charge. These include:
Peace officers and firemen provided that they are acting in the lawful discharge of their official duties and that the perpetrator knows the victim is a peace officer or fireman.
Employees of a penal institution in which the perpetrator is legally detained.
Children under the age of ten.
Children between ten and fifteen years old.
A judge or justice (of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court), if the murder is committed in retaliation for the victim’s status or service as a judge or justice.
Committing a Murder While Incarcerated
A murder may be elevated to capital murder if committed while incarcerated under certain circumstances, including:
A murder that was committed while escaping or attempting to escape from a penal institution.
A murder that was committed in a penal institution with the goal of establishing or maintaining a profit.
A murder that was committed by an individual in a penal institution who is serving a sentence for murder, capital murder, or while serving a life sentence or a sentence of 99 years.
Committing a Murder During Other Crimes
The other circumstances that elevate a murder charge to a capital murder charge involve the murder being committed in combination with other criminal offenses:
A murder that was intentionally committed while the perpetrator was committing or attempting to commit certain crimes, including kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or a terroristic threat.
A murder that was committed for remuneration (monetary payment) or the promise of remuneration. In this case, both the person who was hired to commit the murder and the person who hired the murderer can be charged with capital murder.
Multiple murders that were committed either at the same time or at different times but in pursuit of the same criminal scheme or course of conduct.
What Are Special Issues In a Capital Murder Case?
In Middletown, NY 10940 capital murder cases, the death penalty is on the table. Middletown, NY 10940 is one of 31 states where capital punishment is an option for particularly heinous crimes. When delivering a guilty verdict in a capital murder case, the jury is asked to consider three special issues to decide whether the defendant should be sentenced to capital punishment or to a life sentence.
For the defendant to be sentenced to capital punishment in a Middletown, NY 10940 capital murder case, the jury must answer “yes” to the first two special issues and “no” to the third special issue. Ten of the jurors must be in agreement beyond a reasonable doubt for an answer of “yes” to be accepted for either of the first two special issues.
Special Issue #1
The first special issue asks the jury to decide if there is a probability that the defendant would commit criminal acts of violence that constitute a threat to society.
Special Issue #2
The second special issue that the jury must consider involves the intent of the perpetrator. It can be broken down into three main parts:
Did the defendant actually cause the death of the victim?
If the defendant did not actually cause the death of the victim, did they intend to kill the deceased or to kill another person?
If the defendant did not actually cause the death of the victim, did they anticipate that a human life would be taken as a result of their actions?
Special Issue #3
If the jury answers “yes” to both of the first two special issues, they will then be asked to consider the third special issue, which involves looking at the defendant’s character, background, and moral circumstances to determine if there are any mitigating factors that make a life sentence in prison without parole a more appropriate sentence than the death penalty.
Capital Murder Defense Strategies in Middletown, NY 10940
If you or a loved one has been accused of or charged with a crime as serious as murder or capital murder, you may feel hopeless or like there is nothing you can do but accept your fate. However, the prosecution must be able to prove beyond a reasonable doubt the defendant intentionally caused the death of the deceased. With a knowledgeable defense attorney who has experience handling Middletown, NY 10940 murder and capital murder, you may be able to get the charges against you dropped or lowered to less serious charges, depending on the circumstances of your particular case.
Several common murder defense strategies that may be used include:
Lack of intent.
Accidents do occur and in some cases, defendants may be accused of intentionally killing someone when, in fact, they were involved in an accident. Furthermore, the defendant may not have intended for their actions to lead to the death of the victim. To prove that a murder occurred, the prosecution must be able to show that the alleged perpetrator intended for their actions to kill the victim. If the defense can provide evidence that the defendant did not intend for the victim to die, the outcome of your case is likely to be more favorable.
Self-defense.
Middletown, NY 10940 is one of the twenty-five states that use “stand your ground” law, which means that you are allowed to confront a violent threat with the use of force. To successfully argue that a homicide was self-defense and was therefore justified, the defendant must show several things:
they reasonably feared death or bodily harm from the victim (verbal threats and insults are unlikely to be enough to show this).
the defendant used a reasonable amount of force that was proportional to the severity of the threat. For example, it would be difficult to argue that shooting someone multiple times was a reasonable or proportional response to being shoved in the shoulder.
the defendant must not have instigated the threatening situation. In other words, if you punched someone first, they retaliated to defend themselves, and you ended up killing them, you would not be able to argue self-defense, because you instigated the threat.
the defendant must not have used force after the threat of death or bodily harm has passed. Showing up to someone’s house with a knife hours after they threatened you is not justifiable.
Sudden passion arising from adequate cause.
The Middletown, NY 10940 Penal Code notes that the defendant may be able to argue that the alleged crime was the result of a “sudden passion arising from adequate cause.” The Penal Code defines sudden passion as “passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed.” Adequate cause is defined as “cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.”
It is important to note that showing sudden passion arising from adequate cause does not mean your charges will be dismissed. However, if successful, this strategy will result in having your charges reduced to a second-degree felony, resulting in a prison sentence of between two and twenty years.
The Statute of Limitations for Sexual Assault of a Spouse in Middletown, NY 10940
When someone is charged with the sexual assault of a spouse in Middletown, NY 10940 , prosecutors have a limited amount of time to file charges against the alleged perpetrator. This time period is called a statute of limitations. The time limit for filing charges depends on the specifics of the alleged crime, as well as the victim’s age.
In most cases involving sexual assault, including sexual assault within a marriage, the statute of limitations is 10 years. This 10-year period begins to run from the date the sexual assault took place.
When an alleged victim waits a long time to make an accusation, this can make it tough for prosecutors to assemble a case. This is because certain types of evidence, including DNA evidence, degrade quickly. When years have passed since an alleged sexual assault took place, it may be extremely difficult or even impossible for the prosecution to prove the assault happened
Penalties for Sexual Assault Involving a Spouse in Middletown, NY 10940
Because Middletown, NY 10940 law does not distinguish between marital rape and other types of sexual assault, the penalties for sexual assault and sexual assault involving a spouse are the same.
Someone who is accused of sexual assault, including the sexual assault of a spouse, under Middletown, NY 10940 law can be charged with a second-degree felony, which carries penalties that include up to $10,000 in fines and between two and 20 years in prison. In addition, someone convicted of sexual assault, including the sexual assault of a spouse, may be required to register as a sex offender.
An individual who is accused of aggravated sexual assault, including the aggravated sexual assault of a spouse, under Middletown, NY 10940 law, can be charged with a first-degree felony, which carries penalties that include up to $10,000 in fines and between five years and life in prison. An individual convicted of aggravated sexual assault, including the aggravated sexual assault of a spouse, may also be required to register as a sex offender..
Defenses Against Accusations of Sexual Assault of a Spouse
If you have been accused of sexually assaulting your spouse, you may be wondering how you can defend yourself. These are serious allegations that can have enormous negative effects on your personal and professional life.
This is why it is important to speak with a Benjamin Greenwald - NY Criminal Defense Attorney criminal defense lawyer who is experienced in sex assault cases. A knowledgeable Benjamin Greenwald - NY Criminal Defense Attorney sexual assault defense lawyer will review your case and help you determine the best defenses available, which may include:
Presence of consent – Sexual assault, including the sexual assault of a spouse, is by definition a sexual act that does not involve consent. If you can show that the spouse consented to the sexual act, you may be able to get the charges against you dismissed.
Insufficient evidence – Prosecutors must prove the defendant committed a sexual assault beyond a reasonable doubt. This is a high standard, and the prosecution must bring evidence to prove its case. If the prosecution lacks sufficient evidence, this may result in your case being dismissed.
False accusations – Unfortunately, false accusations of sexual assault do happen. In the context of a marriage, there can be many reasons why a spouse may claim the other spouse assaulted them. For example, the accuser may be attempting to gain leverage in a divorce or child custody case. This is why it’s important for individuals accused of sexual assault to thoroughly discuss their defense options with an experienced Benjamin Greenwald - NY Criminal Defense Attorney sexual assault defense attorney.
If you have been accused of the sexual assault of a spouse in Benjamin Greenwald - NY Criminal Defense Attorney, don’t hesitate to talk to a Benjamin Greenwald - NY Criminal Defense Attorney criminal defense lawyer about your case.
An Ethical Dilemma for Criminal Attorneys
A defense lawyer might represent a man charged with murder, for example, who admits his role in the crime yet nevertheless demands a trial because the consequences of a guilty plea are so severe. The rules that govern these uncomfortable situations are for the most part clear. The lawyer has no duty to get off the case, (in fact, few judges would let them), but may not knowingly put on perjured testimony. In other words, if a client says, “Yea, I killed him, but I’m going to lie to the jury and say I didn’t,” the lawyer should not just close his eyes and play along. The lawyer should try to persuade the client not to attempt to “pull the wool” over everyone’s eye’s, (it really is difficult to fool twelve people), and allow the defense lawyer to try to persuade the jury that the State’s evidence is insufficient. A client, has a right to testify in his own defense, and if he insists on doing this while proclaiming the fact that he is committing perjury to his defense lawyer, the rules of ethics will guide the lawyer about his available options at this point. Those options vary from State. Thankfully this is a very rare circumstance.
Effective Representation is Mandatory to Protect Innocence
The shortest answer to the concern is that defense lawyers know that in order to protect the innocent every accused person deserves effective representation. They also understand every guilty person deserves a fair sentence, just as the victim of their crime deserves justice. The true nightmare of a criminal defense lawyer is representing someone who the lawyer feels is innocent yet being unable to prevent his client from being a victim of the criminal justice system.
Everything You Should Know About Breathalyzer Tests
Breathalyzer tests are the most common way that police officers evaluate a driver’s sobriety. How much do you really know about how these tests work? What about your rights? And how about what could make these tests inaccurate? Let’s go over everything you should know about breathalyzer tests so you’re prepared for a potential DUI stop.
How Breathalyzers Work
There are a few different types of breathalyzers that vary in how they measure BAC.
Typically, breathalyzers measure the amount of ethanol in one’s breath. The concentration of ethanol then causes a chemical reaction with substances in the breathalyzer. The strength of that reaction will indicate how much ethanol is present in the breath, thus giving a BAC reading depending on that. The stronger the reaction, the higher the BAC.
Police officers are required to go through formal training to use breath test devices to ensure their method of administering the test will yield valid results.
Breath Test Accuracy
Many people believe that because breathalyzers produce a science-based, quantifiable score they are always accurate. This is not the case. There are actually numerous things that can affect one’s BAC score.
Breath tests use one’s breath to measure and estimate their blood alcohol content. Nothing will be as accurate as an actual blood test.
Factors that can skew breath test results include:
Medical conditions: if the individual suffers from diabetes, reflux, or a gastrointestinal disorder, this can cause their BAC reading to be higher than what would be reflected from a blood test.
Certain diets: even the types of foods you eat could have an influence on BAC scores. High protein diets or fasting can alter your stomach contents and lead to a high BAC reading.
Recent burping: burping, vomiting, or any bodily function that brings the stomach contents back up toward the mouth can also push previously consumed alcohol back to the forefront, making it seem like your BAC is higher than it is.
Mouthwash: if you’ve recently used mouthwash, breath strips, or another hygenic product that contains ethanol, that ethanol could be misinterpreted by the breathalyzer as drinking alcohol.
Calibration: police officers are required to maintain and calibrate their breath test devices. If they don’t, the readings could all be inaccurate and inadmissible.
Many people are unaware that these things can be enough to bring someone over the legal limit. Luckily, an experienced DUI attorney knows and can argue on your behalf if one of these factors influences your case.
Breath Test Refusal in Middletown, NY
All states operate under implied consent laws. This means that if you are asked to take a chemical test, refusing to do so will result in automatic penalties. If you are asked to take a breathalyzer test during a DUI stop and refuse, your license will be suspended for at least one year, and potentially longer if you have a past record of driving under the influence.
However, refusing could be the right thing to do even with the risk of license suspension. It can be easier for your defense attorney to successfully argue for you to keep your driver’s license after breath test refusal than it is to refute BAC scores showing you were over the legal limit. You should take this into consideration when deciding whether or not to take a breath test.
Ignition Interlock Devices
Breathalyzers aren’t only used by police officers. Ignition interlock devices are another type of breath test device that you may be required to use after a DUI conviction. IIDs are breathalyzers that are installed in your vehicle. In order to start your car, you will need to pass a breath test. If you fail, your IID will prevent your engine from starting and you will have to wait a set period of time before you can try again.
The Legal BAC Limit and Breath Tests
If you took a breathalyzer test and it showed you were above the legal limit, you may be wondering if that means you will be automatically convicted of DUI. No, it does not. As you can see from the sections above about breath test inaccuracy, there are still many defense strategies you should use to fight your charges.
If you are facing a misdemeanor DUI charge, you may think it’s no big deal and it’s worth pleading guilty in order to close the book on this chapter of your life. However, you should be aware of the consequences of doing so.
Any time of DUI conviction on your record:
Gives you a criminal record
Can prevent you from working in some fields
Can affect your ability to travel and rent a car
Can damage your reputation
Fresno, CA, DUI Defense
If you are facing DUI charges after a failed breathalyzer test, contact Benjamin Greenwald - NY Criminal Defense Attorney Law Office of Benjamin Greenwald, NY Criminal Defense Attorney today. Our DUI lawyers understand that people make mistakes, but so do breathalyzer machines. We will investigate all aspects of your case to craft a creative defense strategy on your behalf; call us at (845) 567-4820 to get started.
Do Police Officers Need Probable Cause to Make a DUI Arrest?
As you’re driving in your private vehicle you may wonder, when do the police have the right to stop me? Once stopped, can they arrest me for any reason? Let’s discuss what must be established in order for the police to make a DUI arrest.
Reasonable Suspicion
A DUI stop has to begin with reasonable suspicion. Reasonable suspicion is when an officer uses common sense to infer that a suspect is committing, or has committed a crime. Reasonable suspicion doesn’t require a significant amount of evidence, and for DUI, can be based on observations.
Common indications that a driver is under the influence include:
Swerving within or between lanes
Speeding
Running through stoplights or ignoring other road signs
Any of these behaviors will make the police reasonably suspicious and they may choose to stop you.
Probable Cause
During the DUI stop, the officers must establish probable cause to make an arrest. Therefore, you cannot be arrested just because you were stopped for suspicious driving. In DUI cases, probable cause will usually be established by breathalyzer results, field sobriety test performance, or a combination of the two. Once the police officer has collected enough evidence to prove you were driving under the influence, they will have established probable cause to make an arrest.
They cannot move forward with an arrest without probable cause, even if they feel you are guilty.
Arrested Without Probable Cause
If you believe you were stopped and arrested without probable cause, contact our defense team at Benjamin Greenwald - NY Criminal Defense Attorney Law Office of Benjamin Greenwald, NY Criminal Defense Attorney. If the police did not follow proper protocol and made an arrest without cause, your case could be dismissed. To prove wrongdoing leading to your arrest, you’ll want to work with our experienced Criminal Justice Attorneys. We have defended numerous cases in which our clients' rights were violated by law enforcement, and we want to help you too.
Contact Details:
Law Office of Benjamin Greenwald, NY Criminal Defense Attorney
210 E Main St Suite 301
Middletown, NY 10940
(845) 567-4820
info@greenwaldfirm.com
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