Tag Archives: David Zukher

New York Gun Laws

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New York Gun Laws

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On January 15, 2103, Governor Andrew Cuomo signed into law the “NY Safe Act” which bans semi-automatic rifles, shotguns and pistols purchased after Jan. 15, 2013 that have more than one prohibited feature – such as a pistol grip, a folding stock or a flash suppressor. This is the state’s new definition of an assault weapon. The ban does not cover pistol grip shotguns. New York will define a large capacity magazine as any that holds more than seven rounds, down from 10. Anyone owning a magazine that holds more than 10 rounds will be required to sell it out-of-state within one year.

Semi-automatic weapons bought before January 15, 2013 must be registered with the New York State Police Department within one year, the registration of the weapon will trigger a background check of the registrant.

High-volume ammunition purposes will be tracked in real time

The penalties for crimes involving gun laws have also become harsher:

Killing a first responder responding to an emergency a first-degree murder charge.
A mandatory five-year minimum prison sentence will be imposed for anyone who uses a loaded firearm during a drug sale or violent felony.

A mandatory three-and-a-half year minimum prison sentence for using an unloaded gun during any drug sale or violent felony.

“Straw purchasers,” people who can easily pass a background check who buy guns for others will be upgraded from a misdemeanor to a Class D felony.

IT IS A FELONY TO POSSES A GUN ON SCHOOL GROUNDS OR A SCHOOL BUS.

Charges are upgraded for those who use community or shared guns to commit crimes.

The new law will now require mental health providers to report those that pose a danger to themselves or others to the County, which in turn reports to the NY Division of Criminal Justice Services.

Other gun control issues including storage of weapons, sale of firearms currently in your possession, sale of ammunition, Kendra’s law, and background checks are affected by the new law. We would encourage you to visit The NY GOVERNORS WEBSITE for more detailed information about the 39-page law and its implications.

As always, it is imperative that if you are charged with a weapons crime in NY State, that you immediately seek the advice of competant legal counsel experienced in gun and weapons defense. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

See related articles:

How do I remove a criminal charge from my record?

Drugs in a car are Everyones Drugs- The Automobile Presumption

Felony and Guns

What is Harassment?

NY Room Presumption- Guns and Drugs belong to everyone

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

How to Help Your Personal Injury Case

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How to help your Personal Injury Case

Syracuse NY Criminal Attorney David ZukherWe know that you thought that once you signed the retainer agreement your work was done. Well that’s true in a way. The first good move in ensuring the best possible outcome for your case is hiring an experienced personal injury attorney, but ongoing teamwork throughout the case between you and your law firm is key in achieving both the best possible outcome for you and doing so in the most expeditious way. Some ways that you can do your part:

1. Keep good records. It’s important in Civil cases to establish time lines of events and treatment, as well as expenses incurred. Keep a ledger for yourself of any event or expense that pertains to your case. Ex: 1/29/13 Appointment w Dr. Smith $20. co-pay, $5. parking / 3 hours missed work. This is important for several reasons. First, It keeps an automatic timeline for you of which physicians you visited and when. Later on in the case, when medical records are being requested and a history of your treatment is being presented, it will be easy for you to communicate with your attorney so they can present a clear and concise treatment history. Also, some of your out of pocket expenses or missed time from work may be recoverable to you depending on the case.

2. Communicate with your attorney often. Personal injury cases can be long processes (for more information on why, see our related article “Why is my personal injury case taking so long?”). It may take quite some time to establish the exact extent of your injuries, for your attorneys to communicate with and request documents from providers, insurance companies, and other attorneys. Time is given to each side to ask and answer questions posed by the other side, and exchange evidence. During this time period, it’s good to maintain communication with your lawyer and perfectly acceptable to call and ask for an update if you haven’t heard from them in awhile.

You should contact your attorney whenever there has been a significant change in the treatment of your injury, you will be seeing a new medical provider, there is a change in insurance, or there is any additional incidents or injuries.

3. Get the names and addresses of every provider you see, and write down as much information as possible that may be relevant to your case. The location of the incident, any witnesses involved, and any particular information that you may feel is relevant.

A few small steps on your part can make a huge difference in the way your case progresses. If you feel you may have a personal injury case and live in the State of New York, please don’t hesitate to contact us with any additional questions you may have.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Men as Victims of Domestic Violence

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Men Domestic Violence Victims

Another thought-provoking question from the Krock family of listeners. A gentleman called the show on Tuesday, with this dilemma: His girlfriend who was a relatively reasonable person by day, was not as much when adding alcohol. On occasions after drinking, she would become extremely aggressive; often times throwing things, breaking dishes, pushing him, kicking him etc… When attempting to leave the apartment, she would block the door telling him that there was nothing he could do, and that if he left she would call the police and have him arrested for hitting her (even though he hadn’t) because he was the man and they would believe her. His question to our attorney was “How do I get this girl to chill out, and stop physically assaulting me without getting myself arrested?”

No one, man or woman should be subject to domestic violence. Many men are afraid to come forward or ask for help through community agencies or police intervention for fear that they will be seen as the aggressor, risk their freedom and maybe be removed from the home where there may be children involved. Often times men also have a sense of shame that they are being “beat up by a woman”.

For these reasons, it’s especially important that men do involve the authorities before a situation escalates or becomes violent if possible. For the man to be the one that calls the authorities and explain that he is trying to leave the home, that he is being assaulted, prevented from leaving, and does not want to use any type of force will help to accurately describe and document the situation he may be in.

The same advice holds true for men as it does for women regarding having an “escape plan” in place. Have a plan of where you can go if necessary. Keep copies of important records such as medical information for yourself and your children, bank account information, and emergency phone numbers.  Don’t wait until it happens again to talk with someone. Make an appointment to get counseling for yourself, and your children if necessary-  document everything and keep your notes in a safe place with a friend, relative, or at work.  If you are injured, seek medical attention. Be honest with the physician how it happened and have it documented in case of future legal actions. Here in Syracuse, Vera House is the local agency assisting in domestic violence. More information can be found on their website here: VERA HOUSE WEBSITE. Their phone number is 315-468-3260.

Finally, talk with an attorney and understand what your rights and options are. A knowledgeable, experienced attorney can help you understand what steps may be necessary for criminal charges, child custody, divorce, or any other legal issues that may come up. If you are a woman reading this, the advice is the same. No one, man or woman should be subjected to abuse.

If you are in the CNY area and have further questions regarding a particular matter, please give us a call at 315-701-2939  CONTACT OUR OFFICE ONLINE.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

What is a Family Court Order of Protection?

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 What is involved in a family court order of protection or a family  court offense petition?

In order to obtain an order of protection from family court you must state that a “family offense” occurred. Many actions can be considered family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you or your children.  The following things can be covered by a family court order of protection:

1) Full stay away (Commonly known as a Class A Order of Protection) The court can order the order the offender to stay away from you or your children entirely. This includes staying away from you at all times including having no communication with you whatsoever via telephone or any other means. A full stay away order will cover your home, work, or any other other place you may go.
2) Partial order of protection (Commonly known as a Class B Order) A class B order will allow the offender to be in your presence and/or communicate with you but the offender may not annoy, alarm, harass, or hurt you in any fashion.

If a family court issues an order of protection it may require the offender to surrender any firearms he/she may have. The Sheriff’s Dept may also suspend the offenders firearms license.

If a permanent order of protection is issued by family court it may last up to five years.

If you or your family needs a family order of protection, we encourage you to seek the advice of a family law attorney who routinely handles Family Court cases in your state. It is important to seek the advice of  an attorney to properly prepare a petition for an order of protection, which  can be done quickly in an emergency. If you live in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to give us a call 315-701-2939 or CONTACT OUR OFFICE