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Last Updated on: 26th July 2023, 08:56 pm
One of the most contentious cases in the United States is the child custody cases. In the end, the judge will determine what to do. The judge will make the decision as to visitation and custody. However, one of the parents will disagree with what the judge decides. For this reason, he will take this matter into what he wants. If one of the parents fails to agree to what the judge says, the parent could face a custodial interference charge. In this case, he would have failed to return the child after visitation. This parent is likely to face a custodial interference charge. Under the New York Penal Code, you could be accused of the second-degree custodial interference charge if you take the child from his or her lawful custody and you:
1. Have no legal right to do so
2. Intend to have the child kept under your custody for a protracted time or permanently
3. Are a relative of a child who is 16-years-old and below.
Or you take someone who is incompetent from the lawful custody or a person who has been entrusted from another person. In this case, you must be the legal owner of the child.
Benjamin visits his three-year-old daughter three days a week by a court order. For the rest of the four remaining days, his ex-wife has the child in custody. When the time comes for him to return the child to his ex-wife as the lawful custodian, the child decided to stay for more than three days. However, the ex-wife decided to have the child returned to her with an immediate effect. For this reason, Benjamin acquiesced. Benjamin refused to hear her ex-wife’s demands and decided to stay with the child as she wanted. Benjamin would not face any second-degree custodial interference charge because he did not keep her daughter for a protracted period. As stated in the statute, one day is not enough for him to face that charge.
1. First-degree custodial interference charge: New York Penal Code 135:50
You could not be guilty of custodial interference in the second degree if you took the child from someone who was not legally allowed to keep the child. If you reasonably believe that your child was in danger of emotional or physical harm, then you have a valid defense case against the charges.
Second-degree Custodial interference is a Class A misdemeanor. You can only face a one-year prison term as the maximum sentence for this action. Instead of a jail term, the judge might also decide to give you a probation term. A three-year probation term is enough for you.
New York penal law 135.45: Custodial interference in the second degree
A person is said to be guilty of the first-degree custodial interference when:
1. Being a relative of a 16-year-old child and below, intending to hold that child for a protracted period or permanently, and knowing that you have no legal right to do such an action, he entices or takes the child from the lawful custodian.
The nyc criminal attorneys Law Firm
Being arrested for the second-degree custodial interference is one of the worst cases against children. Many aspects of your life will change with respect to your relationship with family members and friends. However, there are many defenses to a second-degree custodial interference charge that is understood by an experienced legal practitioner. If you are being investigated for that charge, ensure you contact someone who is extremely experienced in the New York criminal court system. The staff at NYC Criminal Attorneys Law Firm offers an unparalleled representation.
New York Penal Law 405.12: Unpermitted use of indoor pyrotechnics in the second degree
In the state of New York, the use of indoor pyrotechnics is carefully controlled by law. This is necessary because the risk of fire is very high when pyrotechnics are used improperly. For the safety of the public, you must have a permit to use pyrotechnics indoors. You can be charged with unpermitied use of indoor pyrotechnics if you engage in this activity without a permit. You can also face this charge if you do not strictly follow the exact requirements associated with the permit. Of course, not every criminal charge leads to a criminal conviction.
In New York, people are only charged with violating 405.12 on rare occasions. Although this crime is a misdemeanor, the authorities do treat all violations with seriousness. Because so many New York residents have been harmed in pyrotechnic accidents over the years, the improper use of pyrotechnics represents a significant public health hazard. This is especially true in the populous, high-density areas that are found throughout the state.
A person could be charged with violating 405.12 if they decided to illegally use indoor pyrotechnics for a private birthday party in a private residence. If you don’t get a permit, indoor pyrotechnics are flatly illegal, whether or not the pyrotechnics are used in a private or public setting. If your permit allows you to use pyrotechnics on Thursday, you’re violating your permit if you choose to use pyrotechnics on Wednesday instead. As a permit-holder, you must fulfill the conditions of the permit exactly to stay within the bounds of the law.
One possible defense for a charge of this type is to show that the pyrotechnics were activated inadvertently, not on purpose. Alternately, you could beat this charge by showing that the pyrotechnics in question were detonated without your consent by another party. If you are charged with violating 405.12, remain calm and contact an NYC criminal lawyer as soon as possible. It is never a good idea to attempt to represent yourself. After all, the complexities of the law are enough to stymie even the most intelligent laypeople. Although 405.12 is fairly simple on the face of it, a charge related to this statute can have ramifications that are deeply complex. Even if your situation looks fraught, rest assured that NYC criminal attorneys are capable of helping you through any legal process, no matter how difficult or complex.
Although violating 405.12 is a misdemeanor instead of a felony, the consequences of conviction can nevertheless be quite harsh. Upon conviction, you might receive a sentence of up to one year of jail and three years of probation. In addition, a conviction can bring a large fine. Even if your punishment is on the lower end of this spectrum, being found guilty of violating 405.12 can adversely impact your job prospects and your standing in the community. If you are charged with violating this law, your best bet for redemption is to hire a qualified NYC criminal attorney.
All too often, people face criminal charges due to negligence and misunderstandings on the part of the duly appointed authorities. Although we trust the authorities to do their jobs with professionalism and diligence, mistakes do happen from time to time. NYC criminal lawyers play crucial roles as they help keep police and prosecutors from overreaching or unduly exercising their authority.
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