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Buffalo New York Law Q & A

In this of section our website, we’ve answered hundreds of questions we’ve been asked over the years. So if you have a question, we might have the answer right here.

There are four ways to get an answer to your question.

One, type your question in the search box to the right and click “Search” – every page we have related to that question will then be shown.

Two, below and to the right, you’ll see a section called “Categories”. Just click the section related to your question and every page we have that is applicable to your question will be presented for your review.

Three, the links at the bottom of this page will take you to a web page that can answer many of the questions you might have.

And four, if we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

When an adult over the age of 18 is suspected of assaulting a child under the age of 5 in such a way as to leave the child with a brain injury, the adult may be charged with Reckless Assault of a Child (NY PL 120.02) in Buffalo.

The adult is alleged to have shaken or thrown the child, or slammed their head into a wall or floor, or other conduct that results in extreme rotational cranial acceleration and deceleration, bleeding in the brain, bleeding in the eyes, or other brain injuries severe enough to cause protracted physical impairment or death.

Reckless Assault of a Child is an incredibly serious charge in Buffalo, and conviction of this Class D Felony can result in a 7 year prison sentence, with a mandatory minimum sentence of two years, even if you’ve never had trouble with the law before.

The attorneys at Friedman & Ranzenhofer know how complex, emotional, and frightening a charge of Reckless Assault on a Child can be.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo Reckless Assault on a Child attorney.

Gang Assault in the First Degree (NY PL 120.07) is an assault committed by three or more people.

Despite the name, the charge does not imply membership in a street gang in Buffalo.

Any assault committed by more than two people, with the intent of causing serious physical injury to victim, who did actually sustain serious physical injury, may be charged as Gang Assault in the First Degree.

“Serious physical injury” is defined under New York law as injuries that cause death, the substantial risk of death, protracted disfigurement or impairment, or loss of an organ.

The seriousness of injuries sustained by the victim may be one avenue in a defense case in Gang Assault in the First Degree.

The intention of the defendants may be another.

Sometimes things go awry when one’s intention is just to scare someone off or otherwise end an altercation without meaning to cause serious harm.

It is vital that you consult with experienced criminal defense attorneys if you are charged with Gang Assault in the First Degree, because this crime is a Class B Felony that can result in a 25 year prison sentence.

As a violent felony, judges in Buffalo are required to sentence you to at least five years, even if your record has been spotless before this incident.

Don’t wait to see how things play out.

Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation with an experienced Buffalo Gang Assault lawyer.

Reckless Assault of a Child by a Child Day Care Provider (NY PL 120.01) in Buffalo is charged when a day care provider – defined as a non-relative who routinely provides day care for a child outside of the child’s home, for less than 24 hours at a time – is alleged to have caused serious physical injury to a child.

Intent is not necessary to prove the charge, only that your actions were “reckless,” which is to say that you should have understood that serious physical injury could result, but disregarded that and engaged in conduct that caused death, disfigurement, substantial risk of death, or impairment to the child.

Reckless Assault of a Child by a Child Day Care Provider is a Class E Felony that carries a potential sentence of four years in prison.

There are circumstances that can increase your exposure to a much longer prison sentence, such as previous felony convictions.

You will also face fines and restitution, as well as likely losing your license to operate a child care business.

Even if you avoid a prison sentence, you’ll face an uphill battle finding employment in Buffalo.

The attorneys at Friedman & Ranzenhofer defend caregivers charged with even the most serious crimes.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo Reckless Assault defense lawyer.

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Can My Spouse Kick Me Out If I File For Divorce In Buffalo?

No, you have legal rights to access your home and property – as does your spouse – even when you’ve filed for divorce.

Your spouse can’t kick you out of the home, damage, destroy, or remove your property, or otherwise deny you access to your home and property.

If you have concerns that your spouse may become violent or otherwise pose a threat to your safety, the court can intervene on your behalf.

Your spouse may be ordered out, or you may be given a police escort to let you safely retrieve your goods while you stay with a friend or relative.

The attorneys at Friedman & Ranzenhofer know that filing for divorce can create unintended consequences, including arguments over access to the marital home.

We protect our clients’ rights, especially when an angry spouse wants to take unreasonable actions like kicking them out of their homes.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo divorce attorney.

You may or may not be able to convince your spouse up front to pay half of the filing fees, but if you file for divorce in Buffalo, you can include reimbursement for filing fees as part of your settlement agreement.

This is especially true if you and your spouse have very different incomes and the court assigns your legal fees to your spouse.

Many couples mutually agree to divorce, but aren’t sure who should file, or if there’s any gain in filing first.

For the most part, it doesn’t matter whether you or your spouse get to the courthouse first.

But when filing represents a financial hardship, courts do allow you to file at a reduced cost.

If you can convince your spouse to pay half (or all) of the filing fees, all the better, but if not, your settlement agreement can definitely be crafted to include your out of pocket expenses.

The attorneys at Friedman & Ranzenhofer have been helping people in Buffalo have the most cost effective divorces possible for decades.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo divorce attorney.

Whether a Buffalo driver will be re-issued a New York State driver’s license following a drinking and driving conviction is a decision that is largely in the hands of the Department of Motor Vehicles.

When a driver’s license is revoked for drinking and driving, the DMV will conduct a review of the defendant’s driving history.

Under certain circumstances, the DMV may declare the driver a “Dangerous Repeat Alcohol or Drug Offender” and either refuse to relicense the driver or impose an additional waiting period to apply for a new driver’s license.

This additional period is beyond that required by New York State’s drinking and driving laws.

Under the DMV’s regulations, it may issue a lifetime denial to relicense a driver when that driver has five or more alcohol or drug-related driving convictions.

Where a driver has three or four alcohol or drug-related driving convictions in the past twenty-five years, the DMV may decline to relicense the driver for five years.

Moreover, once his or her driver’s license is renewed, the DMV may require the installation of an ignition interlock device for an additional five years.

In addition to a driver’s license revocation for drinking and driving, there are other circumstances that may trigger a review of the driver’s license, such as a fatal accident or a conviction for certain “high-point” moving violations.

Under such circumstances, the DMV also may issue a lifetime denial to relicense or delay relicensing of the driver based on the current, non-alcohol related, incident combined with prior alcohol or drug-related driving offenses.

A conviction for drinking and driving may have long term implications on a driver’s license.

If you need an experienced DWI lawyer to help you, please call us at 716-631-9999 for a free consultation.

When a driver is arrested for violating New York State’s laws regarding driving while under the influence of drugs, it helps to have an experienced Buffalo DWI lawyer who understands what is needed to support the charge against the defendant.

New York has two impaired driving offenses that involve the use of drugs:

Driving While Ability Impaired by Drugs and Driving While Ability Impaired by a Combination of Alcohol and Drugs.

This latter offense may be charged when a driver is accused of impairment as a result of either the combined influence of alcohol and a drug or the combination of different drugs.

The list of what controlled substances are considered “drugs” for purposes of a charge of Driving While Ability Impaired by Drugs or Driving While Ability Impaired by a Combination of Alcohol and Drugs is set forth in the Public Health Law.

This list contains hundreds of items – many listed by complex chemical names that few lay people would recognize – and includes all major illegal drugs in New York State, including marijuana.

While it would not be practical to provide the full list of drugs here, there are several facts regarding the list that should be noted.

The list includes not just the drugs themselves but also, in most cases, synthetic forms of the drug, derivatives, mixtures, compounds, and basically any other form the drug may take.

Also, the list includes not just street drugs – such as heroin and cocaine – but also many prescription medications.

For example, codeine is on the list of drugs that may support a charge of Driving While Ability Impaired by Drugs or Driving While Ability Impaired by a Combination of Alcohol and Drugs, so long as a sufficient amount has been ingested that it caused impaired driving.

If you have been arrested for driving under the influence of drugs or alcohol, we can provide you with legal help. Be sure to call us at 716-631-9999.

Vehicular assault cases are some of the most difficult cases handled by Buffalo DWI defense lawyers.

Vehicular Assault in the Second Degree, which is a felony offense, may be charged when a driver commits the offense of Driving While Intoxicated, Driving with .08% or Greater Blood Alcohol Content, Driving While Ability Impaired by Drugs or Driving While Ability Impaired by the Combination of Alcohol and Drugs and – as a result of his or her intoxication or impairment by alcohol or drugs – causes a motor vehicle accident in which someone else suffers a serious physical injury.

The law requires that for an injury to support a charge of Vehicular Assault in the Second Degree, it must be a “serious physical injury.”

Serious physical injury is defined as an injury 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.

The injury cannot merely be a “physical injury,” which the law defines as being an impairment of physical condition or substantial pain.

While the legal definition of a serious physical injury is vague enough that many different types of injuries could fit within it, it is clear that to qualify, the injury must be so severe that it either killed the injured person, could have killed the person, or resulted in long term medical issues.

If you have been accused of drinking and driving and were involved in a motor vehicle accident, you may face very serious criminal charges.

Call us at 716-631-9999 if you need the help of an experienced DWI lawyer.

A conviction for drinking and driving will result in the suspension or revocation of the driver’s license.

When a Buffalo resident continues to drive after such a conviction – or after a revocation or suspension imposed for having refused the breath, having violated the Zero Tolerance law for under 21 drivers, or pending the prosecution of a drinking and driving offense – he or she may be charged with Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree.

If the driver is under the influence of alcohol or drugs when stopped, the charge will be elevated to Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, which is a felony offense.

Under New York law, a driver stopped for Aggravated Unlicensed Operation of any degree may not be offered a plea to a non-Aggravated Unlicensed Operation charge.

As a result, the lowest level of offense that a driver may be offered a plea to is Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree.

Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree is a misdemeanor – which is a crime – and carries a penalty of up to 30 days in jail and a fine of between $200 and $500.

The defendant will only be allowed to plead guilty to a non-Aggravated Unlicensed Operation charge if the prosecutor reviews the file and determines that there is simply not enough evidence to support that a violation of Aggravated Unlicensed Operation of a Motor Vehicle of any degree actually occurred.

If you have been arrested for DWI, you need to understand the potential repercussions to your driver’s license.

Call us at 716-631-9999 if you would like to discuss your case.

Yes, when you are charged with Assault in the Third Degree (NY PL 120.00) as a domestic violence crime in Buffalo, it means that you are alleged to have intentionally or recklessly caused injury to a person who has some sort of intimate relationship to you.

This can be a spouse, family member, roommate, a person with whom you’ve had a child, or similarly close relation.

Not only are you facing the potential of one year in jail if you’re convicted of a Class A misdemeanor, but you’ll also have to deal with orders of protection, which can have the effect of forcing you out of your home.

Conviction will also subject you to a lifelong firearms ban, which means that any jobs in law enforcement or the military are off the table.

Because New York offers no mechanism to expunge your record, future employers and landlords will be able to see the conviction even decades down the road.

When you’re charged with any crime in Buffalo, it is imperative that you get the best legal representation available. The attorneys at Friedman & Ranzenhofer can help you.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.