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Brooklyn Criminal Law Blog

Serious penalties result from conviction for kidnapping

Similar to federal law, the New York Penal Law imposes lengthy prison sentences on those convicted of kidnapping. The law classifies first-degree kidnapping as an A-I felony. A convicted person cannot avoid imprisonment and will likely face a sentence between five and 25 years although a life term remains possible. A court could also demand that the convicted felon pay a hefty fine.

A prosecutor could support a first-degree kidnapping charge if someone abducts another person for the purpose of demanding ransom or compelling a third party to take certain actions. Alternatively, first-degree charges could emerge when a person restrains a person for over 12 hours to inflict injury or sexual abuse, cause terror or influence governmental or political actions. A kidnapping victim who dies prior to reaching safety also creates a situation when the kidnapper could face first degree charges even if no abuse or ransom demands occurred.

Twin brothers accused of murdering roommate

On Nov. 30, New York authorities said that two twin brothers were charged with the murder of a 35-year-old man. The man's body was found floating in the water near Brooklyn with a cinder block bound to his ankles. It appeared that the man had been beaten to death with a hammer.

Authorities allege that on or around Aug. 30, one of the brothers struck the man in the head with the hammer while attempting to rob him in their apartment. The other brother was then allegedly recruited to help with the disposal of the body in water. The man's body was recovered from the Mill Basin Inlet located off East 58th Street and Avenue U. This area is located just blocks from where the man lived with the twin brothers.

Knowing how to ask for a divorce puts you on the right track

It goes without saying that the simple thought of divorce is enough to make your stomach churn. However, if you know you need to move forward with the process, you don't want to put this off any longer.

Knowing how to ask your spouse for a divorce will put you on the right track. That doesn't mean the process will go exactly as planned, but you'll at least feel good about the direction you're moving.

Ex-boyfriend charged in teen's death

A New York minor was killed by an ex-boyfriend on Nov. 2 after she failed to reciprocate his romantic interest, according to authorities. The 19-year-old ex-boyfriend was charged with second-degree murder for the death of the 17-year-old woman.

Authorities said that the teenager and ex-boyfriend had both attended the same school in Wayne County when they started dating. They reportedly dated for about six months before breaking up during the summer. On Nov. 2, the ex-boyfriend told the teen to come to his home to pick up money that he owed her. He then allegedly asked the teen to date him again; however, she declined. He then reportedly grabbed a knife and blocked her ability to leave the residence. The ex-boyfriend said that he stabbed her in the ribs and then in the throat to prevent her from making noise.

Woman sentenced to 4 years for kayak death

On Nov. 11, it was reported that a woman who was accused of killing her husband during a New York kayaking trip was was sentenced to four years in prison. The woman had already been in custody for two years. Additionally, she was ordered to pay $5,000 in fines.

On April 19, 2015, the 37-year-old woman and her 46-year-old fiance were kayaking on the Hudson River when his kayak capsized. The woman was taken into custody and charged several weeks later. In May of the same year, the man's body was found. The woman was charged with second-degree murder and second-degree manslaughter after prosecutors claimed that she removed a plug from the fiance's kayak, causing it to sink. Initially, she pleaded not guilty to both to the charges.

New York prosecutor claims psychiatrist was behind murder plot

A female psychiatrist has entered a not guilty plea in a Manhattan court. She also declared her innocence to media reporters outside the courthouse. The prosecution, however, paints a different picture that resulted in charges of second degree attempted murder and first degree attempted assault.

The district attorney claims that she manipulated one of her patients into attempting to murder her ex-boyfriend, another doctor, who also is her child's father. The patient involved in the case said that she molded him into a killer and controlled him like a puppet.

Protect your business from a divorce in New York City

If you own a business, then your divorce is not only about yourself or your family. Your entire business may be at stake in the property division process of divorce, and if things go poorly, you may have to fold the business.

Unless you take specific steps to avoid this possibility before entering marriage or before your divorce becomes likely, your business may count as marital property. This means that your spouse may legally claim that he or she deserves a portion of the business's value during your divorce, just as he or she may claim ownership of a portion of your shared savings account.

Traffic stop leads to drug, drunk driving charges for two

Two men were facing charges after New York authorities accused them of driving under the influence while being in possession of drugs on Oct. 17. The two individuals were identified as a 22-year-old Danbury man and a 35-year-old Waterbury resident, both from Connecticut.

While police were conducting the traffic stop, it was determined that the license plate was stolen and that the vehicle itself was not registered. An unknown amount of cocaine and rolled up bills that appeared to contain cocaine residue was also recovered. The driver was also found to be three times over the legal limit after he provided a breath sample. Authorities additionally determined that there was an active bench warrant out for the passenger.

Another person charged in Massapequa murder

On Oct. 7, it was reported that New York police filed charges against a fourth person who was accused of being involved in the death of a young man. The 19-year-old Valley Stream man's body was found in a Massapequa park in late March.

The man's body was discovered at about 2 p.m. on March 23. It was noted that the body showed evidence of a violent death. The accused man was identified as a 23-year-old Hempstead man. Two of the other individuals allegedly involved in the death were identified as a 22-year-old Hempstead man and a 19-year-old Rosedale, Queens, man. A 28-year-old woman from Maryland was also charged in connection with the crime in September.

An overview of knife rules in New York

Non-United States citizens are not allowed to own a knife in the state of New York. Furthermore, switchblade and gravity knives may be prohibited if an individual does not have a hunting or fishing license. Owning a knife that has been adapted to be primarily a weapon is also against the law in the state.

Daggers, hunting knives and stilettos are are legal to own and carry within New York. Those who carry throwing stars, cane swords or any other prohibited knife may be guilty of fourth degree criminal possession of a weapon. If a person intends on using a knife against a person, it may also be considered fourth degree criminal possession of a weapon even if that knife is otherwise legal to possess.

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