Defend Your Rights and Protect Your Freedoms
Choose Gorman Law, PLLC
Criminal Defense Attorney in Binghamton, NY
A charge doesn’t automatically lead to a conviction. Protect your rights and secure your freedoms with a capable attorney by your side. Gorman Law offers criminal defense for misdemeanor and felony cases in Binghamton, New York and across the Southern Tier. Veronica Gorman is a member of the Federal Bar, and can practice in federal courts across the Northern District of New York. Contact Gorman Law today if you have been charged with a crime. Our attorney has experience with:
- Assault charges
- Driving while intoxicated charges
- Arson charges
- Drug possession charges
- Homicide cases
- White collar crimes
- Kidnapping cases
- Trespassing and burglary charges
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Assaults in New York State can be charged as misdemeanors or felonies. For quality representation, a thorough examination of all existing physical evidence and/or medical records is necessary to make sure the conduct matches the statutory requirements. Additionally, many times there are viable self-defenses that can be explored. If the assault is committed with a weapon, it is considered an aggravating factor, which increases the level of charge.
Homicide is the unlawful killing of another. There are few charges that carry the significance of an accusation that an individual is criminally responsible for the death of another, and quite frankly, few are more intimidating. These cases require skilled advocacy which start with the review of all available information, cooperation with talented private investigators, and written motion practice.
White Collar Crimes
Charges of forgery, falsifying business records, and insurance fraud are all charges falling under this category. Additionally, an individual can be charged with any number of offenses based on the unauthorized use of some funds and services, typically called welfare fraud.
In most cases, arson can only be proven if both a cause of the fire and an origin of a fire is located. It is the intentional setting of a fire or causing an explosion. Arson and the fire investigations that can lead to the charge must be carefully reviewed by attorneys and investigators well versed in fire investigation.
Driving While Intoxicated
With the passage of Leandra’s Law, a conviction for Driving While Intoxicated now carries both significant fees and the imposition of an ignition interlock device, which is required to be in a motorist’s car (at their expense) for a period of time, no less than 6 months in duration. Additionally, having a child in a vehicle also increases the level of charge from a misdemeanor to a felony, regardless of whether it is an individual’s first DWI charge. Finally, there are DMV sanctions that an individual must be familiar with prior to accepting any disposition under this section of the Vehicle and Traffic Law.
Trespass and Burglary
When an individual is charged with burglary, the prosecution must prove that person entered unlawfully with an intent to commit a crime while in the building/dwelling. If the prosecution cannot provide proof beyond a reasonable doubt that an individual had the intent to commit a crime while there, the case can be dropped to a trespass level offense, which can be a violation or misdemeanor. If the individual was mistaken in entering, no criminal charges should result.
Domestic Violence/Order of Protection Violations
Criminal cases involving family members are incredibly difficult and a thorough understanding of family dynamics are necessary to appropriately analyze cases and client options. Order of protection violations are incredibly fact-specific and require up-to-date knowledge of the current state of the law and how the order was served.
Charges involving firearms vary in severity based on a myriad of variables including whether or not the firearm is lawfully possessed and/or owned, whether it is loaded, and how it is allegedly used during the criminal transaction. Many gun charges carry the designation of being violent felonies, which limit the potential for plea bargaining in some cases.
Your Questions Answered
Drug Possession & Sales
WHAT ARE SOME COMMON DRUG CHARGES?
Common drug charges include possession, possession with the intent to sell, and the sale of narcotics. Additionally, some individuals struggling with addiction are charged with Loitering offenses for being in known drug locations to purchase drugs.
CAN SOMEONE SPEND TIME IN PRISON FOR DRUG POSSESSION?
A common drug charge is the class A misdemeanor of Criminal Possession of a Controlled Substance in the 7th Degree. As a class A misdemeanor, it is punishable by up to one year in the Broome County Jail. With charges such as Operating as a Major Drug Trafficker, an individual can spend 25- to life in state prison if convicted.
DO WE HANDLE DRUG DISTRIBUTION AS WELL?
Yes. In NYS, drug distribution is categorized under various penal law offenses including Operating as a Major Drug Trafficker, Enterprise Corruption, Conspiracy.
WHY DOES SOMEONE NEED A CRIMINAL DEFENSE ATTORNEY WHEN CHARGED WITH DRUG POSSESSION & SALES?
Depending on an individual’s record, it is important to negotiate as much as possible prior to indictment, as once a case is presented to a grand jury, certain plea restrictions set in. For instance, if you have a prior felony within the last 10 years from your current arrest date, you would be what is considered under the law as a second felony offender. Once you are deemed a second felony offender, in most cases it is mandatory that you serve a period of incarceration in a NYS correctional facility. Additionally, all drug cases are fact specific and many include search warrants. Search warrant applications have to be carefully reviewed and litigated to make sure that there are no procedural errors in them. A procedural error in a search warrant, or a jurisdictional defect, can lead to any evidence obtained under the search warrant being suppressed.
OTHER AREAS RELATED TO DRUG POSSESSION & SALES THAT WE PRACTICE:
Sometimes when individuals are charged with drug offenses, they are also charged with weapons offenses too. Depending on the weapon that is involved, and whether the weapon is loaded, impacts the case markedly. For example, no drug offense is a violent felony, however, having a loaded firearm without the appropriate pistol permit is a violent felony and would expose an individual to a stiffer sentence in most cases.
PREPARE FOR YOUR DAY IN COURT WITH THE RIGHT ATTORNEY
Give yourself a fighting chance. For expert counsel and guidance in your criminal case, contact Gorman Law and schedule a consultation. Is this the first time you’ve been charged with a crime? You’re probably scared about what’s to come. Call Gorman Law if you’re concerned about what’s facing you.
Our attorney will create a solid plan for your defense, so you can make the right decisions moving forward. Call Gorman Law today to speak with a qualified attorney about your criminal case.