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NY Penal Law § 120.50: Stalking in the third degree

NY Penal Law § 120.50: Stalking in the third degree According to New York law, the act of stalking goes further than merely annoying another person. It entails repeated, unwanted behavior that appears obsessive toward another individual. As a result of such behavior, that individual feels emotionally, mentally or physically…

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NY Penal Law § 120.55: Stalking in the second degree

NY Penal Law § 120.55: Stalking in the second degree Over the past few decades, since stalking was first introduced to New York’s criminal code, apprehending and prosecuting stalkers has become a priority of law enforcement. Law enforcement perceives any act of stalking as a serious criminal offense.  This is…

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NY Penal Law § 120.60: Stalking in the first degree

NY Penal Law § 120.60: Stalking in the first degree The crime of stalking is typically thought of as the unwanted behavior of following another person, or calling, texting or emailing that person to a degree that it becomes annoying. On the contrary, stalking goes much further than merely annoying…

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NY Penal Law § 130.65-a: Aggravated Sexual Abuse in the Fourth Degree

NY Penal Law § 130.65-a: Aggravated Sexual Abuse in the Fourth Degree The definition provided by New York Penal Law for aggravated sexual abuse in the fourth degree is inserting a foreign object into another person’s vagina, urethra, penis, rectum or anus in a situation where that individual was not…

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NY Penal Law § 13025 Rape in the Third Degree

NY Penal Law § 130.25: Rape in the Third Degree You have committed the sex crime of rape in the third degree under the New York Penal Code section 130.25 if you act in any of the following ways:   Conduct sexual intercourse with someone who was not capable of…

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NY Penal Law § 13020 Sexual Misconduct

NY Penal Law § 130.20: Sexual Misconduct Sexual misconduct is classiified as a sex crime. You have committed sexual misconduct under the New York Penal Code section 130.20 if you take any of these actions:   Engage in sexual intercourse with another person without that person’s consent Engage in oral…

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NY Penal Law § 130.66: Aggravated Sexual Abuse in the Third Degree

You have committed aggravated sexual abuse in the third degree under New York Penal Code § 130.66 if you insert a foreign object into another person’s vagina, urethra, penis, rectum or anus of that person, and you do this by forcible compulsion. You will also be looking at this charge…

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NY Penal Law § 130.50: Criminal Sexual Act in the First Degree

NY Penal Law § 130.50: Criminal Sexual Act in the First Degree Criminal sexual act in the first degree is the most serious of the three different criminal sexual act offenses in the New York Penal Code. This crime is a class B felony. Criminal sexual act in the first…

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NY Penal Law § 130.45: Criminal Sexual Act in the Second Degree

Criminal sexual act in the second degree is among the three criminal sexual act crimes in the New York penal code. You would have committed criminal sexual act in the second degree  according to New York Penal Code § 130.45 if you: Are 18 years old or older and conduct…

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NY Penal Law § 13040: Criminal Sexual Act in the third degree

NY Penal Law § 130.40: Criminal Sexual Act in the third degree The definition of criminal sexual act in the third degree according to New York Penal Code § 130.40 is as follows   Engaging in oral sex or anal sex with an individual who was incapable of consenting, Engaging…

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NY Penal Law § 130.52: Forcible Touching

NY Penal Law § 130.52: Forcible Touching Forcible touching is described in the New York Penal Code § 130.52 as purposefully touching the sexual or intimate parts of someone else’s body for no reason or in order to get personal sexual gratification. Touching can entail squeezing, grabbing, or pinching. Although…

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NY Penal Law § 13053 Persistent Sexual Abuse

NY Penal Law § 130.53: Persistent Sexual Abuse You have committed persistent sexual abuse under New York Penal Code § 130.53 if you commit forcible touching, sexual abuse in the second degree or sexual abuse in the third degree and have also previousluy been convicted of these same offenses or…

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NY Penal Law § 13035 Rape in the First Degree

NY Penal Law § 130.35: Rape in the First Degree Of the three rape charges coveredin the New York Penal Code rape in the first degree, a class B felony, is the most serious. You will be charged with rape in the first degree under New York Penal Code section…

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NY Penal Law § 130.75: Course of Sexual Conduct Against a Child in the First Degree

NY Penal Law § 130.75: Course of Sexual Conduct Against a Child in the First Degree The duo of course of sexual conduct against a child crimes are defined in New York Penal Code § 130.75 offenses that seek to punish those who repeatedly sexually molest children. It is defined…

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NY Penal Law § 130.60: Sexual Abuse in the Second Degree

NY Penal Law § 130.60: Sexual Abuse in the Second Degree Sexual abuse in the second degree as defined in New York Penal Code section 130.60 is a sex crime and it is a class A misdemeanor as opposed to a felony. If you engage in sexual contact with another…

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NY Penal Law § 130.55: Sexual Abuse in the Third Degree

NY Penal Law § 130.55: Sexual Abuse in the Third Degree Sexual abuse in the third degree is one of the trio of sexual abuse offenses defined in New York law. It is the least severe of the sexual abuse crimes. You will face this charge under New York Penal…

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NY Penal Law § 130.95: Predatory Sexual Assault

NY Penal Law § 130.95: Predatory Sexual Assault One of the most serious crimesin New York’s criminal codeis predatory sexual assault. It is one of the two sex crime classified among the class A-II felonies. If you are convicted of this offense, you could end up spending the rest of…

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NY Penal Law § 130.85: Genital Mutilation

NY Penal Law § 130.85: Genital Mutilation Female genital mutilation is a sex crime. Under New York Penal Code § 130.85, this crime involves excision of, circumcising, or infibulating any part of the labia or clitoris of a girl who is under the age of 18 years. Even if you…

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NY Penal Law § 130.70: Aggravated Sexual Abuse in the First Degree

NY Penal Law § 130.70: Aggravated Sexual Abuse in the First Degree Aggravated sexual abuse in the first degree, as described in New York Penal Code § 130.70, involves inserting a foreign object into the vagina, urethra, penis, rectum or anus of another individual without that person’s consent. That said,…

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NY Penal Law § 130.30: Rape in the Second Degree

NY Penal Law § 130.30: Rape in the Second Degree You will be charged with the sex crime of rape in the second degree under New York Penal Code section 130.30 if you are 18 years old or older and you engage in sexual intercourse with a child who is…

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NY Penal Law § 130.96: Predatory Sexual Assault Against a Child

This is described in New York Penal Code § 130.96 as a criminal offense that involves committing one of these crimes: criminal sexual act in the first degree,  rape in the first degree,  aggravated sexual abuse in the first degree, or  course of sexual conduct against a child who is…

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NY Penal Law § 130.90: Facilitating a Sexual Offense with a Controlled Substance

To give another person incapacitating drugs without that person’s consent in order to have sex with them is a crimnial offense. If you do so, you could be looking at a charge of facilitating a sexual offense with a controlled substance under New York Penal Code § 130.90. The drugs…

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Should You Plead Or Go To Trial On Criminal Charges In Federal Court?

Going To Trial And/Or Pleading Guilty In Federal Court When you get charged with a federal crime, automatically you are going to be extremely confused about what you should do next. One of the main things that will be running through your mind is whether or not you should go…

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What Happens In A Federal Criminal Appeal?

What Happens In A Federal Criminal Appeal? If you have been charged with a federal crime, then you may be curious about what will happen when you enter the appeals process. First, you have two appeal options that you can use, but for one of those appeal choices, you only…

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Withdrawing A Guilty Plea In Federal Court

Withdrawing A Guilty Plea In Federal Court In federal criminal cases, it common for defendants to enter into a guilty plea. It normally happens when the prosecution and the defendant want to come to a conclusion without going through the whole trial process. One problem with this matter is that…

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How Does Cooperating With The Federal Government Work?

How Does Cooperating With The Federal Government Work? Many individuals who are facing criminal charges are willing to provide information for authorities in exchange for a case dismissal or lighter sentence. This action is possible in the federal court system just as in a state system, but the method in…

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What issues Do People Raise In A Federal Criminal Appeal?

What Issues Do People Raise In A Federal Criminal Appeal? Understanding the Federal Appeal Process A conviction in federal court doesn’t signal the end of your defense to a prosecution. However, the defense transitions from a trial to an appeal. At the appellate stage, the emphasis turns from the facts…

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Federal False Statements – What Are They and What Are the Implications?

Federal False Statements – What Are They and What Are the Implications? It is a criminal offense under the federal law to make a false statement or even hide information from a federal defense agent. It does not matter if they are a member of Congress or just a federal agent. Such…

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Should You Talk To Federal Law Enforcement?

Should You Talk To Federal Law Enforcement? If law enforcement comes knocking on your door, you might think that you have to answer their questions. Knowing whether you should talk to federal law enforcement can mean the difference between going about your business and facing serious federal charges. When law…

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Federal Child Pornography Sentencing Guidelines

Federal Child Pornography Sentencing Guidelines The Challenge of Enforcement It is not easy for the federal government to keep up with the increased number of creation, distribution and owning of child pornography. Although such offenses has harsh penalties for those convicted offenders, have been on the rise in the past…

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How Federal Criminal Cases Work

How Federal Criminal Cases Work Federal and state criminal charges are generally prosecuted in the same manner, but cases filed in federal court are almost always more serious than state criminal issues. The federal law enforcement officials typically do not get involved unless a charge is in direct violation of…

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What To Do First If You Get A Target Letter

What To Do First If You Get A Target Letter People often speculate and some will even joke that they are the target of a federal investigation. However, receiving a target letter stating you are indeed being investigated is no laughing matter. A target letter can confirm your worst suspicions…

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How Do You Know If You’ve Been Charged With a Federal Crime?  

How Do You Know If You’ve Been Charged With a Federal Crime? What Makes a Crime Federal In order to be charged with a federal crime, the federal government needs to be involved. Local law enforcement will combine forces with the U.S. attorney’s office to provide a burden of proof against you. If they have…

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What To Do First If a Loved One Is Arrested by Federal Agents

What Happens In A Federal Criminal Appeal? If you have been charged with a federal crime, then you may be curious about what will happen when you enter the appeals process. First, you have two appeal options that you can use, but for one of those appeal choices, you only…

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What To Do First If Federal Agents Come to Your Home With a Search Warrant

What to Do If Federal Agents Come to Your Home with a Search Warrant The sight of federal agents at your home might come as a surprise to most people. However, they generally don’t stop by people’s homes just to talk about the weather. Therefore, it is likely that the…

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OIG Agent Warnings and Federal Employees

When a federal worker is under investigation by the federal government, they’ll mostly be contacted by the Office of Inspector General informing them of an investigation that is being carried out. In most cases, an OIG agent will call you and ask you for an interview or will give you…

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How to Respond when an OIG Agent Wants to Talk

How to Respond when an OIG Agent Wants to Talk If you are under investigation, one of the ways to know about it is when you get a visit by an OIG agent. OIG stands for the Office of Inspector General. OIG agents are normally used in a case where…

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What To Do First If You’re Involved in a Federal Investigation

What To Do First If You’re Involved in a Federal Investigation Finding out that you’re involved in a federal investigation can be a frightening experience. Though you may have watched similar scenes take place in the movies, it can be nerve-racking knowing that you may be under investigation for a…

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What Happens In a Grand Jury?

Understanding Grand Jury Hearings in the Criminal Justice System There are two ways that our criminal justice system determines if there’s enough evidence to bring someone to trial: a preliminary hearing or a grand jury. While a grand jury hearing is a part of the criminal justice process, it’s unlike…

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Do I have To Talk To A Federal Grand Jury?

Do I Have To Talk To A Federal Grand Jury? Talking to a Federal Grand Jury Being summoned to speak in front of a federal grand jury can be quite an intimidating event in its own right. Thinking about the actual testimony that you are about to be asked to give can…

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How Immunity Works In Federal Criminal Cases

How Immunity Works in Federal Criminal Cases In federal criminal crimes, there is often the option of immunity given to a person involved who has information that can be crucial to investigators in the case. When a person is granted immunity, it means the prosecutor agrees to drop the charges…

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What Not To Do If You Are Under Federal Investigation

Avoid These Pitfalls When Under Federal Investigation If you’ve been subjected to a federal criminal investigation, you’re probably under a great deal of stress. You may be confused or uncertain of how to handle the whole thing. This is a perfectly normal reaction. The severity and workings of a federal criminal or white-collar criminal case…

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CERT Audit & Investigation Process

CERT Audit & Investigation Process What is CERT? CERT is an acronym for Comprehensive Error Rate Testing, which was developed for the purpose of determining if contractors for Medicare paid claims in alignment with requirements. The Centers for Medicare and Medicaid Services, better known as CMS, leverages many tools for the purpose of identifying…

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Criminal Defense for Pain Clinics

Criminal Defense for Pain Clinics Defending Your Pain Clinic Against Unjust Claims It’s no secret that in recent years the opioid prescription drug epidemic has increased. With an increased number of opioid-related overdoses from prescriptions and illicit street drugs, the government is cracking down on everyone. This intervention is cracking…

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DEA Audits and Investigations

DEA Audits and Investigations What a Drug Enforcement Administration Audit or Inspection Can Mean for Your Pharmacy Aside from routine audits and inspections, a DEA audit can be a concerning matter. A search warrant may be obtained to investigate, or the DEA may request to inspect your facility. As a…

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DEA Defense Matters

DEA Defense Matters in a Nutshell The DEA, or more formally, the Drug Enforcement Administration is responsible for the monitoring of narcotics in the United States. While most people think this solely pertains to illegal substances, it also monitors other areas such as the medical field. In recent years, prescription…

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DEA Registration Application & Denial

DEA Registration Application & Denial The DEA Denial Explained If you’ve worked hard to become a medical provider and have been denied for DEA approval, you’re not alone. Doctors, dentists, nurse practitioners, and veterinarians all require this designation to prescribe important medications. The DEA occasionally denies applications or makes the…

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DEA Registration Disciplinary Action

DEA Registration Disciplinary Action In recent years, multiple agencies have cracked down on health care providers that exist for the purpose of writing and filling prescriptions for controlled substances. Disciplinary action taken against pain management physicians and clinics has been swift and severe. This includes pharmacies used to fill prescriptions…

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DEA Registration Surrenders

DEA Registration Surrenders If ever the question is asked about whether you should surrender your DEA registration, always remember that the answer is emphatically no. This is the only answer. What usually happens is a DEA agent shows up at your practice and starts to ask questions about how you…

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DEA Registration Suspension & Revocation

DEA Registration Suspension & Revocation There is an increasing number of suspension orders served by the Drug Enforcement Administration (DEA) that have resulted in the suspension of DEA registrations. There have also been a variety of related orders issued, such as orders to show cause as to why a DEA…

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