In New York State, Assault in the Second Degree is a class D violent felony. This means that a Rochester resident convicted of this charge would have a permanent criminal record. As a class D violent felony, this offense may result in a sentence of between two and seven years of incarceration in a state […]
Author Archives: Friedman & Ranzenhofer
Details On Assault In The Second Degree Assault in the Second Degree is a serious criminal charge that covers more than a dozen different violent or dangerous acts. In our experience as Rochester criminal defense attorneys, the following are the most common circumstances under which this crime is charged. When a person intends to cause […]
Speeding is a traffic infraction, which means that it is not considered a crime in New York State. A Rochester driver convicted of this offense, however, may still face some very stiff penalties. While it is rarely imposed, a first time offender convicted of Speeding may be sentenced to serve up to 15 days in […]
Rochester drivers should be aware that, technically, a person may be charged with Speeding no matter what speed they are going. New York Law sets forth a number of different circumstances under which Speeding may be charged. Aside from the commonly seen offense of driving at a speed greater than the posted speed limit, Speeding […]
It’s very important that you do. Not only does the court frown on any appearance that you’re disobeying its orders – in fact, you can lose custody if you violate court orders for visitation – but it’s important that your children know that even after a divorce, they remain part of a family that is […]
If you and your spouse have established a college savings plan for your child, that account will be treated as an asset subject to equitable distribution. In other words, whether you’ve opened a special savings account or created a tax-preferred 529 plan to pay into, at the time of the divorce, the monies will go […]
You do, but if your children are consistently reluctant to attend visitation or avoid it altogether, you may have grounds for an enforcement action of the custody agreement. Your ex-spouse has an obligation to uphold the terms of your agreements, and if it appears that they are influencing your children not to see you, there’s […]
No, assets you owned before the marriage are considered “separate assets.” New York law distinguishes “marital assets” from “separate assets” in divorce. Equitable distribution rules apply only to marital assets, which means that property you brought into the marriage is most likely secure. . It does sometimes come up that a spouse can show that […]
In Rochester, legally, you can’t force your spouse out, so don’t call the locksmith to change the locks while they’re at work. If you believe your safety is in jeopardy and the court agrees there is a threat of violence, the judge can remove your spouse, but that’s rare. The best way to get your […]
The laws surrounding Driving While Intoxicated in New York State have become quite complicated and require the help of an experienced Rochester criminal defense attorney to navigate. The penalties surrounding Aggravated Driving While Intoxicated Per Se are a good example of how complicated this area of law can become. Like the standard charge of Driving […]