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New York Penal Law %c2%a7 145 23 Cemetery Desecration First Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 10:54 pm

Facing Felony Charges Under NY Penal Law § 145.23? Why You Need an Experienced Criminal Lawyer

Finding yourself accused of cemetery desecration in New York can be shocking and terrifying. While graveyard vandalism seems like a harmless prank to some, the law takes it very seriously under NY Penal Law § 145.23.

This statute makes desecrating graves, tombs or corpses a Class E felony punishable by years in prison. The potential life-altering consequences demand strong legal advocacy from day one.

Read on to understand the law, typical defenses, and how retaining an expert local criminal attorney can help you fight cemetery desecration charges under PL § 145.23. Don’t leave your future to chance.

The Law – NY Penal Law § 145.23 Explained

Under § 145.23, a person commits cemetery desecration in the first degree by intentionally:

– Removing a corpse, or any part of it, from its resting place

– Severing or removing body parts from a corpse

– Defacing tombstones or violating tombs to remove artifacts or valuables

These acts become felonies under PL 145.23 when the perpetrator intends to sell remains or stolen grave goods. Profit motive elevates the crime above thoughtless teenage mischief into serious exploitation.

Defending Against Cemetery Desecration Charges in New York

Several effective defenses may apply in fighting NY PL 145.23 allegations:

Lack of Intent – If you had no intent to remove remains for sale, the core element of felony desecration is absent.

Mistaken Identity – If the prosecution cannot conclusively prove you committed the acts, then reasonable doubt exists.

Duress – If you only partook in grave robbing due to threat against your life, an affirmative duress defense may defeat charges.

False Confession – If police coerced you into confessing falsely, an attorney can get the confession thrown out.

Insufficient Evidence – Beyond confessions, prosecutors may lack strong physical evidence or eyewitness testimony needed to prove guilt beyond reasonable doubt.

An adept criminal defense lawyer can evaluate the prosecution’s case, then develop and implement the best factual and legal defenses. Don’t give up hope.

Penalties and Sentencing Under PL § 145.23

If convicted under § 145.23, you face Class E felony sentencing guidelines:

– Up to 4 years in NY state prison
– Probation up to 5 years
– Fines up to $5,000

Sentences near the maximum often follow large-scale or highly publicized cases. Sophisticated lawyers negotiate for lighter punishment, treatment programs, deferred adjudication and other options to avoid jail time and felony conviction.

Retaining an Experienced NY Criminal Attorney

Navigating New York’s criminal justice system alone is overwhelming. But the right lawyer can guide you through each stage, pursuing every opportunity for dismissal or acquittal. Attorney credentials that make a difference include:

– Mastery of New York penal laws and criminal procedures

– Relationships with local prosecutors and judges

– Resources to thoroughly investigate the prosecution’s purported evidence and build factual defenses

– Creativity and tenacity identifying legal technicalities and arguments

– Negotiation skill to bargain charges down or dismissed through plea deals

– Comfort in court defending felony charges at hearings, motions and trial if necessary

Don’t risk prison on cemetery desecration charges without seeking expert counsel immediately.

Protect Your Future: Fight Cemetery Desecration Charges in New York

NY Penal Law § 145.23 allegations can ruin lives if mishandled. Don’t go it alone against the powerful forces of prosecution. Engage a tough, seasoned criminal defense lawyer to protect your rights.

With an expert on your side, you can avoid missteps, build winning defenses and achieve the most favorable outcome possible. So put your future in trusted hands. Contact our experienced attorneys 24/7 for a free case evaluation.

We know how to beat cemetery desecration charges, prevent convictions and seek charge dismissals, reductions or diversion agreements. There is always hope, so don’t give up the fight. Justice awaits!

And remember, a little laughter helps in hard times. So here’s some cemetery humor to lighten the mood:

– A cemetery? People are dying to get in there!

– Gravestones aren’t so different from emails – they have lots of cc’s and bcc’s!

Okay, dark humor isn’t for everyone. But a small chuckle can work wonders. Here’s wishing you all the best during this difficult time. Stay strong!

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