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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.

Spouses are generally eligible to receive Social Security benefits post-divorce if the marriage lasted more than 10 years.

Other eligibility requirements must be met before you can receive benefits, including being at least 62 years of age, being unmarried, and that the benefits you would receive from your own work history are less than what you would receive from your ex-spouse’s.

While retirement benefits play a role in most divorces, for older couples, properly addressing issues of pensions, 401(k)s, and other retirement investments are a key factor that can have a major impact on the rest of your life.

The attorneys at Friedman & Ranzenhofer can help you plan appropriately before you file for divorce, and ensure you get the best possible settlement to protect your interests in the long term.

Call us today at 716-542-5444 to speak to an experienced Buffalo divorce attorney for free.

Criminal Defense Lawyer For Aggravated Sexual Abuse In The Third Degree (NY PL 130.66) Charges

As a class D felony, Aggravated Sexual Abuse in the Third Degree (NY PL 130.66) can put you away for as long as seven years.

Buffalo prosecutors charge NY PL 130.66 for particular types of conduct against particular types of people, namely the insertion of foreign objects into a person’s vagina, urethra, penis, rectum, or anus, when the act is performed through forcible compulsion.

It is also charged when this conduct is committed against a person who cannot consent for reason of being physically helpless, less than eleven years old, or when the act causes injury to a person who cannot consent because they are mentally disabled or incapacitated.

Aggravated Sexual Abuse in the Third Degree is a dangerous charge, because even if you aren’t convicted, the allegation itself can stigmatize you for life.

If convicted, you’ll be a felony sex offender and live with the fallout of that.

You need experienced legal protection to face these charges.

If you’re dealing with charges involving aggravated sexual abuse in the third degree, call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.

 

Aggravated Sexual Abuse In The Third Degree

Defense Attorney Helps Those With Aggravated Sexual Abuse In The Fourth Degree (NY PL 130.65a) Charges

Aggravated Sexual Abuse in the Fourth Degree (NY PL 130.65a) is a class E felony that Buffalo prosecutors charge when you are alleged to have inserted a foreign object into the vagina, urethra, penis, rectum, or anus of another person who is incapable of consent for reasons other than being younger than 17 years old, or when you are alleged to have inserted a finger into those orifices and caused physical injury to a person who is incapable of consent for reasons other than being younger than 17 years old.

As an E felony, you’ll face up to four years in prison if convicted, and have to live with a felony sex crimes conviction for the rest of your life.

You may also be required to register as a sex offender. But you don’t have to live with the consequences of conviction on charges of Aggravated Sexual Abuse in the Fourth Degree.

An experienced Buffalo criminal defense attorney can make a big difference in your case.

If you or a family member need help with aggravated sexual abuse in the fourth degree charges, call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 and speak to a Buffalo defense lawyer for free.

 

Aggravated Sexual Abuse In The Fourth Degree

Defense Lawyer Helps Those Facing Sexual Abuse in the First Degree (NY PL 130.65) Charges

Buffalo prosecutors have a range of charges they can file when sexual contact has occurred illegally.

In Sexual Abuse in the First Degree (NY PL 130.65), the charge alleges that you engaged in sexual contact through the use of force, where the other person was physically helpless and unable to consent, where the other person was less than 11 years old, or where the other person was under 13 years of age and you are over 21.

This is a class D felony that can put you away for as long as 7 years, and leave you with a felony sex crime record that will close all kinds of doors to you in life.

The attorneys at Friedman & Ranzenhofer can help. We defend people in Buffalo against even the most serious criminal charges, and have a successful track record representing people accused of Sexual Abuse in the First Degree.

If you or a family member are dealing with sexual abuse in the first degree charges, call us today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney for free.

 

Sexual Abuse In The First Degree

Defense Lawyer Helps Those Facing Sexual Abuse in the Second Degree (NY PL 130.60) Charges

Sexual Abuse in the Second Degree (NY PL 130.60) in Buffalo is the crime of engaging in sexual contact with another person without that person’s consent, and where the lack of consent is for a reason other than the person being younger than 17 years old.

Sexual Abuse in the Second Degree will also be charged if the victim is a child younger than 14.

In cases where the victim is younger than 14, one of the strongest lines of defense is unavailable.

In many sex crimes prosecutions, a defense lawyer can assert that consent was given and the complainant later changed their mind. But when a young child is the other party in a Sexual Abuse in the Second Degree case, there is no circumstance under which the child can legally consent.

This is a very serious charge that can not only lead to a one year jail sentence, but also put you on New York’s sex offender registry for as long as the rest of your life.

If you or a family member are facing sexual abuse in the second degree charges, call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney for free.

 

Sexual Abuse In The Second Degree

Criminal Attorney Helps Those With Sexual Abuse in the Third Degree (NY PL 130.55) Charges

If you engaged in sexual contact with a person who did not consent, you can be charged with Sexual Abuse in the Third Degree (NY PL 130.55) by prosecutors in Buffalo.

Conduct that can meets the terms of Sexual Abuse in the Third Degree is broadly understood to include touching another person’s intimate parts, for the purpose of the offender’s sexual gratification.

Sexual Abuse in the Third Degree is a Class B misdemeanor with a maximum jail sentence of three months, but conviction will also require registration as a sex offender.

Conviction of Sexual Abuse in the Third Degree will have significantly negative impacts on the rest of your life.

The attorneys at Friedman & Ranzenhofer defend people in Buffalo against even the most serious criminal charges.

If you need help with sexual abuse in the third degree charges, call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.

 

Sexual Abuse In The Third Degree

Criminal Lawyer Provides Helps Those Facing Persistent Sexual Abuse (NY PL 130.53) Charges

Persistent Sexual Abuse (NY PL 130.53) is a law that Buffalo prosecutors use to penalize a third sex crime conviction in a ten year period by charging a felony.

Having two previous convictions for misdemeanor crimes like Forcible Touching or Sexual Abuse in the Third Degree, or felony sex offenses gives prosecutors license to charge you with Persistent Sexual Abuse when you are charged with a third sexual offense.

This is a Class E felony that carries a sentence of up to four years in prison.

Any sex crime charge has the potential to damage your future, but at the felony level, the impact will be severe.

The good news is that there are defenses when charged with Persistent Sexual Abuse, and an experienced Buffalo criminal defense attorney can help you present your side of the case clearly and persuasively to a judge and jury.

If you or a family member are dealing with persistent sexual abuse charges, call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation with an experienced Buffalo sex crimes defense lawyer.

 

Persistent Sexual Abuse

Yes, if you are currently covered by your spouse’s health insurance plan, you will continue to be covered for the duration of the divorce.

Upon filing, the judge will issue automatic orders that maintain health and life insurance policies, cash and assets, and otherwise lock both parties into the financial situation that the marriage was in on the day the action was begun.

During the divorce, you’ll work out the future status of things like health insurance, especially when there are kids involved.

Whether this means that you will seek employment with benefits, purchase a plan through New York’s health insurance marketplace, or find another solution for health insurance is open for negotiation.

The attorneys at Friedman & Ranzenhofer have been helping people in Buffalo end their marriages fairly and as smoothly as possible for decades.

Call us today at 716-542-5444 for a free consultation with some of Buffalo’s most experienced divorce attorneys.

New York State law requires that any Buffalo driver asked to take a breath test to determine his or her blood alcohol content be observed for at least 15 minutes prior to the collection of the breath sample.

During this period, he or she must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, smoked, or placed anything in his or her mouth.

This requirement is necessary because performing any of these actions may interfere with the ability of the breath test machine to obtain a proper result.

When a driver waiting to take the breath test does, for example, regurgitate during the 15 minute waiting period, the breath test cannot proceed.

This does not, however, mean that the driver is completely barred from taking the breath test.

Instead, the law provides that should the driver regurgitate, vomit, smoke or place anything in his or her mouth, it is necessary to restart the 15 minute waiting period, after which the driver may still take the breath test.

While the law provides that a driver may still take the breath test despite the additional delay, anyone considering deliberately burping or otherwise violating the observation period for the purpose of delaying or avoiding the breath test should be aware that if a law enforcement officer suspects that the driver’s actions are deliberate, it is likely that the driver will be considered to have refused to submit to the breath test.

Refusal to submit to the breath test carries additional fines and driver’s license penalties aside from those arising from any drinking and driving charges.

We are experienced DWI lawyers who can help you following an arrest for drinking and driving. Please call us at 716-631-9999 to discuss your case.

Nearly all Buffalo drivers stopped for drinking and driving will be asked to submit to a breath test to determine their blood alcohol content.

Breath test machines have been in use for decades, and the science behind them has evolved during that period.

Many modern breath test machines – including most of those in use in the Buffalo area – rely on a method of detection known as infrared (IR) spectroscopy to determine the amount of alcohol in a breath sample.

The underlying scientific basis for IR breath testing is the Beer-Lambert Law of Absorption, which states that different types of molecules absorb electromagnetic radiation at certain specific, unique wavelengths.

For example, water molecules will absorb IR energy at different wavelengths than alcohol molecules.

As a result, each type of molecule has its own, unique infrared fingerprint. Ethyl alcohol – the type of alcohol people consume – absorbs radiation at wavelengths of approximately 3.00, 3.39, 7.25, 9.18, 9.50 and 11.5 microns.

No other type of molecule absorbs radiation at the exact same wavelengths.

As a result, infrared breath test instruments are able to determine the amount of alcohol in a breath sample by exposing the breath sample to a known amount of IR energy and measuring how much of that energy is lost at wavelengths where alcohol is known to absorb IR energy.

The more alcohol the sample contains, the greater the degree of absorption and the more IR energy loss.

Unfortunately, breath test machines that are capable of measuring absorption at all wavelengths where alcohol absorbs infrared energy would be very expensive.

As a result, these machines typically only measure one wavelength where alcohol is absorbed and, while generally accurate, are not foolproof.

Following a DWI arrest, it helps to have an experienced lawyer who understands how the breath test works. Call us at 716-631-9999 for a free consultation.