Definitions — Offense, Violation, Misdemeanor, Felony Penal Law
NY Penal Law § 10.00
Core definitions used throughout New York Penal Law, including 'offense,' 'violation,' 'misdemeanor,' 'felony,' 'person,' and 'physical inju…
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Justification — Defense of Self or Third Person Penal Law
NY Penal Law § 35.15
A person may use physical force to defend themselves or another when they reasonably believe it is necessary to prevent imminent unlawful ph…
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Assault in the Third Degree (A Misdemeanor) Penal Law
NY Penal Law § 120.00
The least serious assault charge. Covers intentional physical injury, reckless physical injury, and criminal negligence with a weapon causin…
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Assault in the Second Degree (D Violent Felony) Penal Law
NY Penal Law § 120.05
A felony assault covering serious physical injury, use of a deadly weapon, injury to a police/peace officer, and other aggravated circumstan…
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Assault in the First Degree (B Violent Felony) Penal Law
NY Penal Law § 120.10
The most serious assault charge. Covers intentional serious physical injury with a deadly weapon, disfigurement by caustic chemicals, or ser…
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Manslaughter in the Second Degree (C Felony) Penal Law
NY Penal Law § 125.15
Causing the death of another person recklessly. Does not require intent to kill — only a conscious disregard of a substantial and unjustifia…
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Murder in the Second Degree (A-I Felony) Penal Law
NY Penal Law § 125.25
The primary murder charge in New York. Covers intentional killing, depraved indifference murder, and felony murder. An A-I Felony — carries …
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Robbery in the Third Degree (D Violent Felony) Penal Law
NY Penal Law § 160.05
The base-level robbery charge — forcibly stealing property. Unlike larceny, robbery involves the use or threatened use of physical force. Cl…
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Robbery in the Second Degree (C Violent Felony) Penal Law
NY Penal Law § 160.10
Elevated robbery charge when a dangerous instrument or weapon is used, the victim is seriously injured, or the robbery is committed with the…
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Obstructing Governmental Administration (OGA) — A Misdemeanor Penal Law
NY Penal Law § 195.05
Intentionally obstructing, impairing, or preventing a public servant from performing an official function. Commonly charged when a person ph…
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Criminal Contempt in the Second Degree (A Misdemeanor) Penal Law
NY Penal Law § 215.50
Violating a court-issued order, including an order of protection. Commonly charged when a person makes contact with a protected party in vio…
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Aggravated Criminal Contempt (D Violent Felony) Penal Law
NY Penal Law § 215.51
Violating an order of protection while also causing physical injury to the protected party. A violent felony — significantly more serious th…
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Larceny — Petty and Grand Larceny by Degree Penal Law
NY Penal Law §§ 155.25–155.42
Larceny is wrongfully taking or withholding another's property with intent to deprive them of it. Degree is determined by the value of prope…
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Criminal Mischief — Degrees Penal Law
NY Penal Law §§ 145.00–145.12
Intentionally damaging another person's property. Degree depends on the dollar value of damage. From a violation (minor damage) to a D Felon…
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Criminal Possession of Controlled Substance — 7th Degree (A Misdemeanor) Penal Law
NY Penal Law § 220.03
The base-level drug possession charge. Covers knowing possession of any controlled substance without a valid prescription. Class A Misdemean…
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Criminal Possession of a Weapon — Degrees Penal Law
NY Penal Law §§ 265.01–265.04
New York has strict weapon possession laws. The degree of charge depends on the type of weapon, prior convictions, and intent. Unlicensed ha…
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Temporary Questioning — Stop and Frisk Criminal Procedure Law
CPL § 140.50
Police may temporarily stop and question a person when there is reasonable suspicion they have committed, are committing, or are about to co…
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Adjournment in Contemplation of Dismissal (ACD) Criminal Procedure Law
CPL § 170.55 / 170.56
An ACD is a deferred disposition that results in automatic dismissal and sealing of the case if the defendant is not re-arrested within a sp…
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Speedy Trial — Right to Timely Prosecution Criminal Procedure Law
CPL § 30.30
New York's statutory speedy trial rule requires prosecutors to be ready for trial within a defined period from arraignment. If they exceed t…
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Suppression of Evidence — Motion to Suppress Criminal Procedure Law
CPL § 710.20
A defendant may move to suppress evidence obtained in violation of the Constitution (typically the Fourth, Fifth, or Sixth Amendments). If g…
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