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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.

Buffalo Penalties For Aggravated Assault Upon A Person Less Than Eleven Years Old (NY PL 120.12)

Predicate felony offenders are subjected to a higher punishment threshold than those who haven’t already been convicted.

With Aggravated Assault Upon a Person Less Than Eleven Years Old (NY PL 120.12) in Buffalo, the state alleges that you, as an adult, committed the crime of assault in the third degree against a child younger than eleven years old, and that you have a prior conviction in the past ten years for doing so.

While the underlying crime, if committed against an adult, would be prosecuted as a A misdemeanor, the charge you’re facing is an E felony, with a sentence of four years possible if you’re convicted.

Assault charges can be defended in a variety of ways, but when the victim is a young child, your options for defense narrow.

You need the most experienced legal help available, who can help develop a defense that can withstand the scrutiny of the court.

Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney for free.

Buffalo Penalties For Aggravated Assault Upon A Police Officer Or Peace Officer (NY PL 120.11)

As a class B felony, Aggravated Assault Upon a Police Officer or Peace Officer (NY PL 120.11) in Buffalo can put you away for as long as 25 years.

And when it comes to assaulting a cop with a deadly weapon or dangerous instrument, you can count on law enforcement and the prosecution to be highly motivated to convict you.

Don’t expect any leeway from a judge, either.

An allegation that you caused serious physical injury to a police or peace officer engaged in their official duties won’t win you any points with any judge in Buffalo.

The attorneys at Friedman & Ranzenhofer know that defending against charges like Aggravated Assault Upon a Police Officer can be difficult, but these cases are also winnable.

We work closely with our clients to reach the best possible outcome for them.

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

Criminal Lawyer Discusses Penalties For Reckless Assault Of A Child (NY PL 120.02)

Reckless Assault of a Child (NY PL 120.02) in Buffalo is a very serious Class D Felony charge, with up to seven years in prison if you’re convicted.

And because of the specifics of the allegation – that you, as an adult, caused serious physical injury to the brain of a child younger than five years old by shaking or slamming the head of the child on a hard surface – you can expect the full weight of the prosecutor’s office and Buffalo police to come down on you.

These cases are never easy to defend, but an experienced Buffalo criminal defense attorney can make a big difference in your case.

The attorneys at Friedman & Ranzenhofer protect our clients from even the most serious criminal charges.

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

Most likely, a cash gift from a relative won’t be considered marital property, and won’t be subject to equitable distribution in a divorce in Buffalo.

Some exceptions exist, however, and if you’re contemplating divorce, there are steps you can take to protect a cash gift.

The most important is making sure that you don’t commingle the gift with marital funds.

If you deposit a check into a jointly owned marital bank account, the court may determine that the funds have become a marital asset.

Keeping it separate, in a personally owned checking or savings account, is the best way to ensure that your money will stay yours.

The attorneys at Friedman & Ranzenhofer can help you protect your wealth and assets in a divorce.

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

Criminal Lawyer For Predatory Sexual Assault Against A Child (NY PL 130.96) Charges

A person accused of Predatory Sexual Assault Against a Child (NY PL 130.96) in Buffalo is facing an extremely serious criminal charge that can put you in prison for the rest of your life.

The complaint alleges that you, being over the age of 18, committed the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and the victim was younger than 13.

Predatory Sexual Assault Against a Child is a class A-II felony, and neither judges nor juries are predisposed to give a defendant the benefit of the doubt in cases like this.

The attorneys at Friedman & Ranzenhofer understand the gravity of the charges against you and can provide you with the highest quality legal defense available in Buffalo.

If you or a family member need help with predatory sexual assault against a child charges, call us today at 716-542-5444 to speak to an experienced criminal defense attorney.

 

Predatory Sexual Assault Against A Child

Criminal Lawyer For Sexually Motivated Felony (NY PL 130.91) Charges

You can be charged with Sexually Motivated Felony (NY PL 130.91) in Buffalo if prosecutors believe you committed one of a number of specified crimes for the purposes of sexual gratification.

These include stalking, assault, manslaughter, kidnapping, burglary, and a number of other serious offenses, including murder.

Sexually Motivated Felony is a separate charge which will be graded at the same level as the underlying offense, so if you’re charged with Assault in the Second Degree, a D felony, then the Sexually Motivated Felony charge will also be a D felony, and you’ll face between two and seven years for each count.

If the underlying crime is a violent felony offense, then the Sexually Motivated Felony will also be deemed a violent felony offense, with harsher penalties in play if you’re convicted.

When you’re facing multiple felony charges in Buffalo, you need experienced legal help right away.

The attorneys at Friedman & Ranzenhofer can help you.

If you’re facing sexually motivated felony charges, call us today at 716-542-5444 for a free consultation.

 

Sexually Motivated Felony

Criminal Lawyer For Predatory Sexual Assault (NY PL 130.95) Charges

Predatory Sexual Assault (NY PL 130.95) is an extremely serious felony charge in Buffalo that alleges that you committed the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and you caused serious injury to the victim, used or threatened to use a dangerous implement, there were multiple victims to the underlying crime, or you have a previous conviction for one of the underlying crimes.

Predatory Sexual Assault is a class A-II felony with a maximum sentence of life in prison.

It is vital that you get the strongest possible legal help right away.

If you need help with predatory sexual assault charges, call the attorneys at Friedman & Ranzenhofer right away at 716-542-5444 to discuss the charges against you.

 

Predatory Sexual Assault

When judges are forced to decide custody in Buffalo because the parents can’t, their job is rarely simple.

The law and common sense both dictate that the judge look at the totality of factors that affect the child’s life, making a determination based on the best interests of the child.

For many stay-at-home parents, this is actually a good thing.

Your close bond with your child, and your longstanding role as primary caregiver, are compelling facets of the child’s life that a judge will be hesitant to disrupt.

While financial resources and earning power do factor into the ultimate decision, you can rest assured that being out of the workforce won’t prevent you from making a strong case for child custody in a Buffalo divorce.

The attorneys at Friedman & Ranzenhofer can help you make the most compelling case available when it comes to matters of child custody.

Call us today at 716-542-5444 to speak to an experienced Buffalo divorce and child custody attorney today.

Even for first time Buffalo DWI offenders, the Department of Motor Vehicles will conduct a review of the driver’s record at the conclusion of the mandatory driver’s license revocation period to determine if full driving privileges should be reinstated.

For repeat DWI offenders, the regulations of the DMV may require an additional, lengthy period of time before driving privileges will be restored.

An additional driver’s license revocation may also occur – even for first time offenders – if the driver has a recent history of bad driving aside from the DWI conviction.

When determining whether to restore driving privileges, the DMV considers essentially all vehicle-related incidents – except non-moving violations – that occurred within the past three years. Each of these incidents is assigned a certain number of points by the DMV.

More points are assigned for what would be considered more serious offenses (for example, a DWI conviction would be assigned more points than a speeding ticket), and offenses that occurred within the past year are assigned more points than offenses that occurred between one and three years ago.

If a driver convicted of DWI has accumulated 25 or more points, the DMV may refuse to restore full driving privileges after the completion of the mandatory period of driver’s license revocation.

This point system is different than the point system many driver’s are familiar with where points are assigned for traffic violations and used by the DMV to determine whether a driver’s license should be suspended based on the number of points accumulated.

The number of points assigned to each offense are different in each system, and the points used to determine whether a revoked driver’s license should be restored cannot be reduced by participating in a motor vehicle accident prevention course.

The system used by the DMV when determining whether to return a driver’s license following a DWI conviction is very complicated.

If you need the help of an experienced DWI lawyer, call us at 716-631-9999.

Most Buffalo driver’s convicted of an alcohol-related driving offense with no prior alcohol-related convictions will be eligible for a conditional driver’s license.

A conditional driver’s license allows the defendant to continue driving for work, school, medical treatment and other necessities during the time period that his or her full driving privileges are suspended or revoked.

There are certain circumstances where the Department of Motor Vehicles may revoke a conditional driver’s license after it has been issued.

The DMV may revoke a conditional driver’s license without a hearing upon the holder’s conviction of any traffic violation – other than a parking, stopping, standing, equipment, inspection or other non-moving violation – or a conviction indicating that the holder was driving in violation of the terms of the conditional driver’s license.

This revocation may occur upon receipt of a certificate of conviction by the DMV.

The DMV also may revoke a conditional license without a hearing when the holder fails to attend any portion or portions of a rehabilitation program, such as the Drinking Driver Program, in accordance with attendance rules established for the program.

In this case, revocation may occur upon certification of the failure to attend by a person administering such program.

In addition, the DMV may revoke a conditional driver’s license after a hearing where the holder is found to have not satisfactorily participated in the rehabilitation program or not attempted in good faith to accept rehabilitation, or upon a complaint that the holder is operating or has operated a motor vehicle in violation of the conditions imposed on his or her conditional driver’s license.

It is important to take all steps necessary to protect your driving privileges after an arrest for drinking and driving.

If you need legal help, we can be reached at 716-631-9999.