Have you been accused of a crime? Are you wondering if you can clear your criminal record? The Law Office of Charles H. Kee can address all your legal concerns, whether you are dealing with criminal charges or seeking post-conviction relief. Attorney Charles Kee has a unique legal background strengthened by 7 years of practicing in the trial division of the Manhattan DA’s office and teaching trial advocacy at St. John’s. Charles has the intense training necessary to deliver quality, innovative representation as he works with you to strategize an effective defense.
Driving Under the Influence
New York has a unique system of handling DUIs, as the state categorizes 5 types of impaired driving:
- DWI – operating a vehicle with a blood alcohol concentration (BAC) of .08% or more (.04% or more for commercial drivers) or while impaired to a "substantial extent."
- Alcohol-DWAI (“driving while ability impaired”) – operating a vehicle while the ability to drive as a "reasonable and prudent" person has been impaired to "any extent" by alcohol.
- Drug-DWAI – operating a vehicle while the ability to drive as a "reasonable and prudent" person has been impaired to "any extent" by drugs.
- Combination-DWAI – operating a vehicle while the ability to drive as a "reasonable and prudent" person has been impaired to "any extent" by a combination of alcohol and drugs.
- Aggravated DWI – operating a vehicle with a BAC of .18% or higher or driving intoxicated with a passenger who's 15 years old or younger.
The penalties for a DUI (or DWI) depend on the type of impaired driving and whether the defendant has prior convictions. DWI, Drug-DWAI, and Combination-DWAI are punishable by the following:
- 1st offense – up to 1 year in jail; $500-$1,000 in fines; 6 months of license revocation
- 2nd offense – 1-4 years in jail; $1,000-$5,000 in fines; 1 year of license revocation
- 3rd offense – 1-7 years in jail; $2,000-$10,000 in fines; permanent revocation
Alcohol-DWAI is punishable by the following:
- 1st offense – up to 15 days in jail; $300-$500 in fines; 90 days of license revocation
- 2nd offense – up to 30 days in jail; $500-$750 in fines; 6 months of license revocation
- 3rd offense – up to 180 days in jail; $750-$1,500 in fines; 6 months of license revocation
Visit our DUI page to learn more about how to possibly argue for mitigated or reduced charges.
Theft, or larceny, is another type of criminal charge we handle. Recall that New York classifies theft crimes according to the monetary value or type of property involved. Petit larceny is the lowest-level theft offense that involves stolen property worth $1,000 or less. Petit larceny is a Class A misdemeanor punishable by up to 364 days in jail and a $1,000 fine.
Grand larceny spans four degrees of severity:
- Grand larceny in the fourth degree – property worth more than $1,000; charged as a Class E felony punishable by up to 4 years in jail and $5,000 in fines
- Grand larceny in the third degree – property worth more than $3,000; charged as a Class D felony punishable by up to 7 years in prison and some amount in fines
- Grand larceny in the second degree – property worth more than $50,000; charged as a Class C felony punishable by up to 15 years in prison and a fine
- Grand larceny in the first degree – property worth more than $1 million; charged as a Class B felony punishable by up to 25 years in prison and a fine
Penalties may vary for repeat offenders, and New York also implements separate civil and criminal penalties for shoplifting. Visit our Theft Crimes page for more information.
Post-Conviction Relief Options
We also help clients who have already been convicted of crimes. There are several options post-conviction, including a 440 motion for post-conviction relief and record-sealing. A 440 motion allows a defendant to challenge the validity of their conviction based on factors like prosecutorial misconduct or newly discovered evidence that proves the defendant’s innocence. If a 440 motion is granted, the court may undo the conviction against the defendant, dismiss their charges, or grant a new trial.
New York also allows individuals to seal up to two criminal convictions (only one of which can be a felony). However, not all convictions may be sealed, including sex crime convictions, Class A felonies, and other specified felonies. If the judge approves the record-sealing request, all material related to the conviction will be destroyed, including fingerprints, mugshots, and DNA samples.
To learn whether you are eligible for record sealing, take a look at the requirements listed on our Post Conviction page.
Work with a Defense Attorney Today
Whether you are facing criminal charges or seek post-conviction relief, The Law Office of Charles H. Kee can help you resolve your legal situation. With over a decade of trial experience, including work in the Manhattan DA’s trial division, Attorney Charles Kee is the qualified and professional criminal defense lawyer you need on your Ithaca case.
Learn more about how we can help you strategize a strong defense in an initial consultation. Call (800) 954-5724 or contact the firm online today.