Criminal Law
Showing 793 - 798 of 1423 results.
How the Bribery Statute of Limitations Can Work in Your Defense
Federal bribery carries a five-year limitations period under 18 U.S.C. § 3282. Two things commonly said about extending it are not accurate. There is no discovery rule in federal criminal law. The period runs from when the offense was complete, not from when the government learned of it. And concealment does not toll it — that is a civil doctrine, and it does not answer a limitations defense here. What actually extends the period is narrow and statutory. Flight to avoid prosecution suspends it under § 3290, which requires intent to avoid prosecution rather than mere absence. A request for evidence located abroad suspends it for up to three years under § 3292 — the provision that matters most in cross-border matters, and one that operates on the government's application. The charging decision moves the date. Pleaded as a substantive count, the clock runs from the payment. Pleaded as a conspiracy, it runs from the last overt act, which can be years later on identical facts.Whether the period has run is a question worth answering before the government files, not after.
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Business Reputation and Litigation for Corporate Defamation in NY
A corporate defamation claim in New York requires a precise demonstration that a false statement was published to a third party and directly caused economic harm. Because corporations do not have "feelings," the law focuses strictly on the damage to the entity's business reputation, creditworthiness, and commercial relationships. In 2026, New York courts are increasingly rigorous in applying the Fact vs. Opinion test, shielding general business criticism while penalizing specific, provable falsehoods that imply fraudulent or illegal conduct. Strategic Intelligence: The Corporate Defamation MatrixElementLegal Standard & RequirementBusiness ImpactProvable FalsityStatement must be an objective fact, not protected opinion or hyperbole.Distinguishes actionable fraud claims from "poor service" reviews.Actual MaliceRequired if the target is a "public figure" or involves public concern.Higher burden of proof when dealing with media or industry watchdogs.Special DamagesMust prove specific economic loss (lost contracts, sales, or value).Vague claims of "reputational harm" are often dismissed without proof.Section 230Immunity for platforms (like Yelp/Google) for user content.Litigation must target the original author, not the hosting platform.Anti-SLAPPNY’s law to prevent frivolous lawsuits against public speech.Filing a weak case can result in the plaintiff paying the defendant’s legal fees.
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Dismantling the Felony Threshold in an Aggravated Assault Case
In New York, an aggravated assault case is not just a high-level physical confrontation; it is a legal designation that carries mandatory prison time and a permanent violent felony record. To secure a conviction, the state must prove either Serious Physical Injury (SPI) or the use of a Dangerous Instrument. However, these are technical legal terms, not just medical ones. A winning strategy focuses on deconstructing the prosecution's narrative; proving that an injury was temporary rather than "protracted" or that an object was not used in a manner capable of causing death. The Legal Battleground: De-escalating Felony ChargesDefense PivotProsecution's ObjectiveStrategic Counter-MoveInjury SeverityClassify injuries as "Serious Physical Injury" (SPI).Use independent medical experts to argue injuries were "Physical Injury" (misdemeanor level).Instrument UsageLabel any object (boots, tools, cars) as a "Dangerous Instrument."Prove the object was used without the intent or capacity to cause serious harm.Specific IntentClaim the defendant specifically intended serious harm.Establish a "heat of passion" or lack of premeditation to reduce the degree of the charge.JustificationAssert the defendant was the initial aggressor or failed to retreat.Document "Stand Your Ground" contexts or prove that retreat was not safely possible.Due ProcessRely on eyewitness testimony and medical records.File motions to suppress evidence obtained through illegal searches or Miranda violations.
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Legal Recourse and Defensive Tactics for Smishing Fraud
3 Key Smishing Fraud Points From Lawyer Attorney: Text-based phishing attacks, credential theft via SMS, federal penalties up to $1 million.Smishing fraud occurs when criminals send deceptive text messages to trick recipients into revealing sensitive information or transferring funds. Unlike traditional phishing emails, these SMS-based schemes exploit the trust people place in mobile communications and the urgency conveyed through text format. If you have been targeted by smishing or believe you are a victim, understanding your legal options and the protective measures available under federal law is critical to recovery and defense.
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Defamation Report: New York Remedies for Reputational Injury
A defamation report documents false statements, preserves evidence, and supports legal claims under New York defamation law. A defamation report records false statements, preserves critical evidence, and supports potential civil claims under New York law. A properly prepared defamation report should identify the publication, document factual inaccuracies, preserve digital and documentary evidence, and explain reputational or financial harm. This guide explains when a defamation report may support litigation, applicable legal standards, reporting procedures, available defenses, and potential remedies
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How Can Victims of Cross-Border Fraud Recover under New York Law?
Victimized by cross-border fraud in New York? Learn the criminal and civil remedies under New York law to recover your losses. Cross-border fraud victims in New York have more legal options than many realize. Under New York law, you may pursue criminal prosecution, civil claims, or class action recovery, all available tools specifically designed to address cross-border fraud. I have guided many clients through this process, and the key is understanding which remedies apply to your situation.
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