What types of defenses are available to me if I am charged with a crime?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-69 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:1.92%;--awb-margin-bottom-large:0px;--awb-spacing-left-large:1.92%;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:1.92%;--awb-spacing-left-medium:1.92%;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;"> To learn more about understanding what type of criminal defense maybe available to you, click here .

What does beyond a reasonable doubt mean?

Proof beyond a reasonable doubt means a jury is firmly convinced of the accused’s guilt and that there is no practical or realistic explanation for any element of the crime other than it was committed by the person charged with the crime. It is the highest form of proof in the law.

Can I raise the defense of mistaken identity?

A mistaken identity defense is used when a witness incorrectly states that a person was involved in a crime, when they were not. This defense is often utilized when there is eyewitness testimony and the defendant did not commit the crime. The New York Court of Appeals, our highest court, in 2017, recognized the unique problems that exist with eyewitness identification between races. As such, any time identification is an issue in a criminal case and the witness and the person charged are different races, you have the right to request the jury be charged about the problems with such identifications.

How do I raise an alibi defense?

A person charged with a crime can use an alibi defense if they can establish that they were someplace else when the crime was committed. Typically, this defense is put forth by witnesses by the defense. However, when an alibi defense is used, the burden of proof remains with the prosecutor to establish all elements of a crime beyond a reasonable doubt. A jury is not allowed to convict solely because they disbelieve the alibi, they are still required to believe the People’s case beyond a reasonable doubt.

Can a criminal defense lawyer argue that a defendant was framed?

Yes. Criminal defense lawyers will often defend a case on the basis that their client was framed or set up. With this type of defense, a criminal defense lawyer will try to establish someone else committed a crime and that their client is wrongly accused.

What is an agency defense?

An Agency defense is a rarely used defense in drug cases. The agency defense protects an individual who is working or acting for a buyer of drugs only. An agent of the buyer involved in a drug transaction is purchasing or acquiring drugs for somebody else. This defense cannot be used if you have any involvement with the sale of drugs. To have a successful agency defense, you cannot have received any benefit (other than a token of appreciation) for your participation in the purchase.

What is a duress defense?

Duress is an affirmative defense raised when you were engaged in illegal conduct because you were forced or coerced to do so by use/threatened use of unlawful physical force upon you (or a third party), which force or threatened force a person of reasonable firmness in your situation would have been unable to resist.

What is an affirmative defense?

If a defendant utilizes an affirmative defense, then the defendant has the obligation and burden to prove the affirmative defense by a preponderance of the evidence. If an affirmative defense is offered, the prosecution still has the burden to prove every element beyond a reasonable doubt. In the context of a jury trial, the jury or judge (non-jury trial) must first determine if the People have proven their case beyond a reasonable doubt. If they have not, then the case ends, and the jury or judge must issue a not guilty verdict. If a jury believes that the prosecution proved their case beyond a reasonable doubt, then if a defendant has raised an affirmative defense, the jury must consider and determine if the defendant has proved the affirmative defense by a preponderance of the evidence.

What is preponderance of the evidence?

A Preponderance of the evidence means more likely than not. In mathematical terms it is 51% or just over half.

Can I raise the defense of entrapment?

An entrapment defense is used when you have engaged in prohibited conduct because you were induced or encouraged to do so by a public servant or a confidential informant working for the police who was seeking to obtain evidence against you for a criminal prosecution. To raise the defense your criminal defense attorney must show that the methods utilized by the police or the confidential informant caused you to do something you would not have otherwise done. For an entrapment defense to be successful, you need to establish that you were induced or encouraged to commit a crime that you were not predisposed to commit.

What is renunciation of a crime?

Renunciation of a crime occurs when you stop participating in the crime before it begins and/or attempt to stop other participants from committing a crime. Typically, this defense is used in conspiracy charges. The renunciation must be a complete withdrawal from the crime. Renunciation is an affirmative defense.

How old must a defendant be to raise the defense of infancy?

In general, under New York law you cannot be charged with a crime unless you are 18 years old. However, there are many exceptions to this rule. For very serious charges such as murder, robbery or sexually motivated offenses, someone can be charged between the ages of 13-15. In addition, a 17-year-old can be charged with a felony or misdemeanor (so long as there is at least one felony charge), and Vehicle and Traffic Law misdemeanors. For more information regarding age dependent charges see our web page regarding juvenile delinquency.

What is the defense of justification as an emergency measure?

Conduct which would ordinarily be considered a crime is justified and not criminal if the conduct is necessary as an emergency measure to avoid an imminent and significant injury. Essentially this defense is utilized when someone is protecting themselves or someone else from a violent act. The person using this defense cannot have contributed to creating the situation to use this defense or have been the initial aggressor. The prosecution has the burden of disproving this defense beyond a reasonable doubt.

When is self-defense by use of physical force allowed?

Self-Defense by use of physical force is allowed when a person reasonably believes that the use of force is necessary to protect themselves or others from the imminent use of force by someone else. In order for self-defense to be successful, the defendant will need to establish that they believed the use of force was necessary to protect themselves or others from physical danger AND that a reasonable person in the defendants position would have acted in a similar way. The rationale behind this defense is that someone does not have to wait until they are attacked or injured before they can fight back. You cannot be the initial person causing the violent act to claim self-defense. A defendant does not need to prove that they were justified in using self-defense. The prosecution is required to prove beyond a reasonable doubt that the defendant was not justified in using self-defense.

Who is the initial aggressor?

The initial aggressor is the person who first attacks or threatens to use physical force first. The initial aggressor does not have to be the one who caused the first contact.

When is use of deadly physical force allowed?

A person can use deadly physical force when they reasonably believe it necessary to defend themselves or others from the use or imminent use of deadly physical force on themselves or others. Deadly physical force means physical force which can cause death or serious physical injury. To use deadly physical force, a person must reasonably believe that someone was using or about to use deadly physical force against them or others, AND that the use of deadly physical force was necessary to defend them or others, AND a reasonable person in the defendants situation, knowing what the defendant knew, would have had the same belief that deadly physical force was necessary. This defense is not available if the defendant was the initial aggressor.

What is serious physical injury?

Serious physical injury means impairment of a person’s physical condition which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Can you use deadly physical force if you can retreat safely?

In New York, you have the obligation to retreat and not use deadly physical force if you can do so completely and safely. However, there are exceptions to this rule including you do not need to retreat if you are in your own home and you were not the initial aggressor, are a police officer acting within the scope of your duties, or you believe that someone is committing or attempting to the crimes of kidnapping, forcible rape, forcible criminal sex act, robbery, burglary, or arson.

What is the insanity or mental disease or defect defense to criminal charges?

The insanity or Mental Disease or Defect defense is raised when a person charged with a crime lacked criminal responsibility at the time of the crime because they lacked substantial capacity to know or appreciate either: The nature or consequences of the conduct; or That the conduct was wrong. Mental disease or defect is an affirmative defense and can be established by expert medical (psychiatric/psychological) testimony, prior mental health related hospitalizations, medical records, and/or the nature, circumstances, and facts of the crime. This is different than being mentally fit to proceed in the case against you. This defense cares about your mental state at the time of the crime, not at the time of the charges, proceedings, or trial.

What happens if I am found not guilty by reason of mental disease or defect?

If you are found not guilty by reason of mental disease or defect, your case is not over. Instead, a new set of proceedings will be held to determine your current mental health condition, whether you are a danger to yourself or the community, and whether you should be committed to a mental health facility. If you are committed to a mental health facility, your mental health status will be addressed in regular intervals, but you could be held for longer than the maximum criminal sentence unless your mental health condition improves.

Can intoxication be used as a defense?

Intoxication is not a defense to a crime. However, evidence of intoxication by drugs or alcohol can potentially eliminate an element of a charged crime. In raising this issue, you must show that you could not form the mental state required to commit the crime. To be successful, you need to establish the significant impact of the drugs or alcohol. The level of intoxication is greater than simply being drunk or under the influence or drugs. In most cases, intoxication does not eliminate a criminal act, but may be used to reduce the potential criminal exposure by changing an intentional act to a reckless one.

What is the extreme emotional disturbance (eed) defense to criminal charges?

Extreme Emotional Disturbance (EED) is a New York-specific defense in Murder cases only. To be clear if you are found to have committed a murder under an EED, you would be found not guilty of Murder, but guilty of Manslaughter . EED is a very different defense than claiming insanity or mental disease or defect. First, you must have suffered from such an extreme emotional disturbance, that you suffered a profound loss of self-control. Whatever the emotion, whether its sadness, anger, fear, or any other, it must be very intense. Second, there must be a reasonable explanation that you suffered this extreme emotion. The reasonableness is viewed from your own viewpoint and situation, not that of another person. Finally, you must commit the murder while under the influence of that extreme emotion. Often, this defense is compared with the example of walking in on your partner in bed with another person and acting immediately. In such a circumstance, even if a police officer were standing right next to you, you very well would have acted the same way. Like mental disease or defect, while an expert witness is not mandatory it is often necessary to support this defense. If you were in a minor car accident and were so angry that you went and purposefully killed the other driver, you may very well have suffered from an extreme emotion, but most jurors would be unlikely to say such extreme emotion was reasonable because of an accident. If you planned some or all the murder it is less likely you acted under the influence of an extreme emotion. Also, if there was a time frame when you “cooled off” it is possible that the emotion lessened or ended and you instead made the conscious, intentional choice to act as you did.

Do I need a criminal defense attorney?

In New York State, if you are charged with a misdemeanor or felony, you are required to have an attorney present with you at all stages of your case after you are arrested. If you are charged with a non-criminal violation, such as disorderly conduct or harassment, or a non-criminal traffic offense, you will not be required to have an attorney. However, hiring an experienced criminal defense attorney to represent you is recommended as your lawyer will have the knowledge to determine if any of your legal rights were violated and how to best proceed with your case by way of a resolution or trial.

If I am guilty, should I just plead guilty without a criminal lawyer?

No. It is usually not in your best interest to plead guilty even if you committed the crime you are charged with. An experienced criminal defense attorney may be able to negotiate a plea to a lesser charge which could eliminate your criminal exposure entirely, or lessen potential penalties, fees, and/or surcharges.

Will you be the only criminal defense attorney working on my case?

At LaMarche Safranko Law, we pride ourselves on our teamwork approach. Every case gets assigned to one of our partners and one of the associate attorneys so you will always have two points of attorney contact. We hold weekly firm meetings to discuss and address cases so that in the case of an emergency ANY of our attorneys or the paralegal assigned to your case will be able to help you. Your lead attorney will always have primary responsibility for your case and will be your main point of contact. If the attorney you are working with is unable to attend a court appearance with you, you will be contacted and advised as to which attorney from our office will attend your court appearance. In most cases, your primary attorney will appear with you.

How often should I hear from the criminal attorney handling my case?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified. This will range from calls to discuss the discovery in your case, the results of working with a private investigator, plea bargain offers, or just a simple check in. Importantly, if you have any questions about your case, you should contact your lawyer.

How can I get the best outcome in my criminal case?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-70 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:1.92%;--awb-margin-bottom-large:0px;--awb-spacing-left-large:1.92%;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:1.92%;--awb-spacing-left-medium:1.92%;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;"> When you’re charged with a crime in New York, one of the most important questions you’ll have is: “How can I get the best possible outcome in my case?” While every case is unique, the steps you take early on, from hiring an experienced criminal defense attorney to building a strong mitigation package, can make a significant difference in the result. Click here to learn about improving your outcome through mitigation, character reference letters, and drug or alcohol treatment programs.

What should I bring to my initial meeting with my criminal lawyer?

You should bring all documents that you have regarding your arrest or the investigation including copies of any charges or subpoenas, appearance tickets, documents regarding any items seized, names/addresses of any witnesses, and any other information you deem important for your case. At your initial meeting, your lawyer will begin to formalize and strategize regarding your case and the defenses that are available.

How long will my criminal case take?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-71 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:0px;--awb-margin-bottom-large:0px;--awb-spacing-left-large:0px;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:0px;--awb-spacing-left-medium:0px;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:0px;--awb-spacing-left-small:0px;"> How long a criminal case takes will vary based upon the nature of the charges, the number of people charged, where you are charged, the complexity of the case and the amount of discovery involved. For a breakdown of your criminal case and an overview of the criminal process, please see the Criminal Defense Timeline.

How much does a criminal defense lawyer cost?

This answer depends on many factors, including the seriousness of the charge(s), the significance of the investigation, whether the case will proceed to a trial or be resolved by way of a plea bargain, the amount of time devoted to your case, , the location of the court, whether written motions are submitted to the court, and whether hearings are needed. Every criminal case is different. Your criminal lawyer should take the time to explain all your options and the issues relevant to your case. For more information about fees pertaining to criminal defense matters, please see our criminal defense fees blog.

Should I talk to the police officers or other law enforcement when they call?

In general, it is best not to speak to the police or law enforcement without an attorney present. You and your attorney can always decide whether to speak to the police or other investigators. When you speak to law enforcement, your statements could potentially incriminate you and be used against you in your criminal case.

The police asked me to go to the police station, should I go?

Prior to going to the police station, it is always best to contact an experienced criminal defense lawyer. By contacting a lawyer first, law enforcement will likely tell your lawyer if charges have been or will be filed against you. If charges are filed your lawyer can help, ensure that you will be released and/or bail is set if your charges fall into the categories where your release is not automatic. Please see our pages regarding bail and discovery reform. Your criminal lawyer will also protect you from making any statements that may incriminate you. It is always important to be respectful to law enforcement, but that does not mean you must answer questions regarding their investigation. If you have current charges or charges will be filed, it is always in your best interest to voluntarily self-surrender, if possible, with a lawyer by your side.

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Charged with Boating While Intoxicated?

Boating While Intoxicated (BWI) Defense Attorneys in Upstate New York

Summers in upstate New York are a time to enjoy the water, whether you’re spending the day on Lake George, Saranac Lake, Saratoga Lake, Burden Lake, or any of the many lakes and rivers across the region. Boating is a cherished pastime, but it’s important to understand that operating a vessel while alcohol is involved can lead to serious legal trouble. Just like a DWI charge, a Boating While Intoxicated (BWI) or Boating While Ability Impaired (BWAI) charge carries significant consequences. If you have been arrested for BWI, securing a knowledgeable criminal defense lawyer is essential.

Criminal Defense Attorneys Who Handle BWI Charges in New York

Under New York State Navigation Law §49-A, it is a crime to operate a boat while intoxicated. A person may be charged with BWI when their blood alcohol concentration is 0.08 percent or higher, or when their ability to safely operate a vessel is impaired by alcohol or drugs. Law enforcement treats these cases much like land-based DWIs, and increased patrols during the summer months often result in heightened enforcement.

A BWI conviction can lead to misdemeanor charges that may include jail time, substantial fines, mandatory surcharges, alcohol or drug treatment, and the suspension or revocation of boating privileges. The seriousness of the penalties often depends on the circumstances of the arrest, including the boater’s BAC level, any prior DWI or BWI convictions, and whether an accident, injury, or property damage occurred.

How a BWI Defense Lawyer Can Help

Although a BWI arrest can feel overwhelming, being charged does not mean you will be convicted. An experienced criminal defense attorney can examine whether the stop and arrest were lawful, determine if field sobriety and chemical tests were properly administered, review the reliability of breath or blood test results, and analyze witness statements and boating conditions. By identifying weaknesses in the prosecution’s case, an attorney can work toward a reduced charge, a dismissal, or an outcome that minimizes the impact on your record and boating privileges. If you or a loved one is facing a Boating While Impaired or Intoxicated charge in New York, the consequences can affect your freedom, your finances, and your ability to enjoy the water. Contact criminal defense attorneys nearby immediately to discuss your case and learn how to help protect your future.

FAQs About Boating While Intoxicated Offenses

What are the penalties for Boating While Intoxicated?admin2020-08-11T16:58:47+00:00

What are the penalties for Boating While Intoxicated?

Under §49-a(2)(b) and §49-a(2)(d) of the Navigation Law, Boating While Intoxicated is a misdemeanor punishable by up to 1 year in jail, and a fine of up to $1,000. Additionally, the court may suspend a vessel registration for twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.

What if I am charged with a second Boating While Intoxicated (BWI) charge?admin2020-08-11T16:58:21+00:00

What if I am charged with a second Boating While Intoxicated (BWI) charge?

A second conviction for BWI within a 10-year period is a class E felony punishable by a term of imprisonment up to 4 years as well as a maximum fine of $5000 and a suspension of a vessel registration.

What are the consequences if I am convicted of Boating while Impaired by alcohol (BWAI)?admin2020-08-11T16:57:57+00:00

What are the consequences if I am convicted of Boating while Impaired by alcohol (BWAI)?

Boating while ability impaired is a non-criminal offense pursuant to Navigation Law §49-a(2)(a). If you are convicted of BWAI, you face a fine of up to $500 and up to 15 days in jail. Additionally, a court may suspend a vessel registration for up to twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.

What if I am charged with a second Boating While Ability Impaired by alcohol (BWAI) charge?admin2020-08-11T16:57:35+00:00

What if I am charged with a second Boating While Ability Impaired by alcohol (BWAI) charge?

If you are charged with BWAI and have a previous BWAI within the previous five years you face a fine of up to $750 and a jail term of up to 30 days. Additionally, a court may suspend a vessel registration for up to twelve months. You also face and additional NYS DMV driver assessment penalty.

How do the police prove I am intoxicated?admin2020-08-11T16:57:11+00:00

How do the police prove I am intoxicated?

If your blood alcohol content is at or above .08, you are intoxicated in the eyes of the law. If there is no blood or breath test, intoxication is determined based on whether you are incapable, to a substantial extent, of employing the physical and mental abilities which you are expected to possess in order to operate a boat as a reasonable and prudent operator.

If there is no breath test, how can they prove I was drunk?admin2020-08-11T16:56:44+00:00

If there is no breath test, how can they prove I was drunk?

The law does not require any chemical or physical test to prove that a person is intoxicated. Rather, to determine whether a person is intoxicated, a jury, judge, police officer and prosecutor can consider all the surrounding facts and circumstances, including, for example:

the defendant’s physical condition and appearance.
the defendant’s balance, coordination, and manner of speech.
the presence or absence of an odor of alcohol.
the way the defendant operated the motor vehicle or boat.
the circumstances of any accident.

At what blood alcohol level can I be charged with boating while intoxicated?admin2020-08-11T16:56:21+00:00

At what blood alcohol level can I be charged with boating while intoxicated?

If your blood alcohol content is at or above .08, you can be charged with boating while intoxicated. However, even without a blood alcohol level, if there is evidence you are intoxicated, you may still be charged with BWI.

What does it mean to be impaired by alcohol?admin2020-08-11T16:55:55+00:00

What does it mean to be impaired by alcohol?

You are impaired to operate a vessel or vehicle when your blood alcohol content is either .06 or .07 or your physical and mental abilities are impaired, to any extent, by the consumption of alcohol.

At what blood alcohol level can I be charged with boating while ability impaired (BWAI)?admin2020-08-11T16:55:34+00:00

At what blood alcohol level can I be charged with boating while ability impaired (BWAI)?

A blood alcohol content of .06 or .07 is evidence that are impaired by the consumption of alcohol.

What are the penalties for boating while impaired by a drug?admin2020-08-11T16:55:10+00:00

What are the penalties for boating while impaired by a drug?

Under §49-a(2)(e) of the Navigation Law, Boating While Impaired by a drug is a misdemeanor punishable by up to 1 year in jail, and a fine of up to $1,000. Additionally, the court may suspend a vessel registration for twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.

What if I am charged with Boating while under the influence of a drug a second time?admin2020-08-11T16:54:48+00:00

What if I am charged with Boating while under the influence of a drug a second time?

A second conviction for boating while ability is impaired by a drug within a 10-year period is a class E felony punishable by a term of imprisonment up to 4 years as well as a maximum fine of $5000 and a suspension of a vessel registration. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.

Will my boating license be suspended while my case is pending for a charge of BWI?admin2020-08-11T16:54:24+00:00

Will my boating license be suspended while my case is pending for a charge of BWI?

Maybe. In limited circumstances, pending the outcome of a case, the court may suspend your right to operate a vessel if you are charged with either 1. assault in the second degree or 2. manslaughter in the second degree.

How much can I drink and not be considered drunk/intoxicated?admin2020-08-11T16:38:34+00:00

How much can I drink and not be considered drunk/intoxicated?

In New York, evidence that a person’s blood alcohol content (BAC) was .05 or less is evidence that the ability of such person to operate a vessel or a vehicle was not impaired by the consumption of alcohol, and that such person was not in an intoxicated condition.

What are the penalties if I drive a boat after my boating license was suspended for boating while intoxicated (BWI)?admin2020-08-11T16:37:36+00:00

What are the penalties if I drive a boat after my boating license was suspended for boating while intoxicated (BWI)?

If you are caught operating a boat after your boating license is suspended because of a boating while intoxicated conviction, you will be charged with the non-criminal offense of operating with a suspended license. If you are convicted of this offense you face a fine of up to $750 and/or a period of incarceration of up to 90 days.

How much trouble am I in if I drive a boat drunk after my boating license is suspended for boating while intoxicated (BWI)?admin2020-08-11T16:36:52+00:00

How much trouble am I in if I drive a boat drunk after my boating license is suspended for boating while intoxicated (BWI)?

If you operate a boat in an intoxicated condition while your boating license is suspended because of a BWI or BWAI, you face a misdemeanor charge for operating with a suspended license. A conviction for this offense carries a fine of up to $5,000 and up to 1 year in jail. Of course, you will also face the consequences of the new BWI charge which will likely be a felony if your prior conviction was for BWI or a misdemeanor if your prior conviction was for BWAI.

What if I refuse to take a breath test while boating?admin2020-08-11T16:36:10+00:00

What if I refuse to take a breath test while boating?

If you refuse to take a breath test your boating license will initially be suspended for 15 days during which a hearing will be conducted to determine whether you refused to take the chemical test. At a hearing, a judge must determine the following:

Did the officer have reasonable cause to believe you were under the influence of alcohol?
Did the officer make a lawful arrest?
Was a sufficient warning given prior to the refusal?
Did you refuse?

If a judge determines that all 4 questions can be answered “yes”, your boating license will be suspended for six-months. However, if you have been previously convicted of BWI or BWAI or if you have previously refused to take a chemical test, you face a 1-year revocation of your boating license. In addition, you will be required to pay a civil penalty of $200 upon the first occurrence and $500 if there has been a prior suspension or conviction.

If I am convicted of Boating While Intoxicated, will it impact my driver’s license?admin2020-08-11T16:35:34+00:00

If I am convicted of Boating While Intoxicated, will it impact my driver’s license?

No. If you lose your boating license because of a BWI or BWAI, only your license to operate a vessel will be impacted. A BWI or a BWAI will have no consequences on your ability to drive a motor vehicle.

What are the consequences if I injure someone while boating under the influence?admin2020-08-11T16:34:40+00:00

What are the consequences if I injure someone while boating under the influence?

If you cause an injury to someone and are charged with boating while intoxicated, you may be charged with assault. The significance of the injuries caused, and the circumstances of the arrest will determine how serious the charge is. You should contact a criminal defense lawyer that handles boating while intoxicated and assault charges if you injure someone while you are boating while intoxicated.

What are the penalties if I kill someone while boating while intoxicated?admin2020-08-11T16:33:39+00:00

What are the penalties if I kill someone while boating while intoxicated?

If you are boating while intoxicated and recklessly cause the death of another person, you may be charged with manslaughter in the 2^nd degree, a class C felony. If convicted of manslaughter in the 2^nd degree you face between 5 and 15 years in prison. You may also be charged with criminally negligent homicide, if, with criminal negligence, you cause the death of another person. Criminally negligent homicide is an E felony. If you are charged with criminally negligent homicide, you face up to 4 years in prison. The facts and circumstances of any crash that occurs while under the influence of alcohol must be discussed in great detail with your criminal defense lawyer who will want to determine whether the evidence against you is sufficient to support the crimes charged.

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George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

A client from Colonie, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

A client from Schenectady, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

A personal injury client from Waterford, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

A client from Albany, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

A client from Altamont, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

A client from Albany, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

A client from Rensselaer, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor. George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

A client from Troy, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

A client from Albany, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life…

Anonymous Attorney from Albany, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

A client from Upstate New York

“The staff at LaMarche Safranko Law took care of whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service was very, very good and I would Highly recommend them.”

A personal injury client from Cohoes, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life. I could not have done it without you all. Everything is going so well again. I recommend you highly. Thanks Again!”

A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years. This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

Parents of a client from Cropseyville, NY