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Criminal Nuisance is a vaguely defined crime as a misdemeanor, and can also be a serious felony charge with penalties that include jail time for that charge alone. In New York, Criminal Nuisance is usually included as a extra criminal charge by the district attorney.
Felony Criminal Nuisance charges follow drug distribution crimes. The crime of Criminal Nuisance if frequently associated with the act of maintaining a house where criminal activity takes place.
If you are charged with Criminal Nuisance, it is likely that you have been, or will be, charged with additional crimes. In any case, it is imperative that you contact an experienced criminal defense attorney immediately to preserve your defense options, protect your rights, and reduce the risk of serious criminal penalties.
Criminal Nuisance Penalties in New York
Criminal Nuisance in the First Degree – 240.46
First degree criminal nuisance is related to maintaining a place where drugs are sold and other drug related activity takes place.
In order to prove that an individual is guilty of Criminal Nuisance in the First (1st) Degree, it must be established that the individual:
- Conducts or maintains a place where drugs are sold, and
- Derives benefit from the sale of those drugs.
1st Degree Criminal Nuisance is a Class E Felony according to Section 240.46 of the New York Penal law.
Criminal Nuisance in the Second Degree – 240.45
First degree criminal nuisance is related to maintaining a place where dangerous criminal activity take place with your knowledge and consent.
In order to prove that an individual is guilty of Criminal Nuisance in the Second (2nd) Degree, it must be established that the individual:
- knowingly or recklessly creates a condition which endangers the safety or health of a considerable number of persons; or
- knowingly conducts or maintains a place where persons gather for purposes of engaging in unlawful conduct.
Fighting a NY Criminal Nuisance Charge
There is no single strategies for beating these cases, since they are so often tied up with other charges.
The most typical legal challenge would be fighting the claim that you were knowledgeable, complicit, or aware of illegal activity happening on your property or in a place under your control.
Depending on the facts, we can allow challenge the prosecutors to prove that the place in question is maintained by you, if the ownership is in question.
Other defense strategies that are common in criminal nuisance cases in New York courts involve the totality of the criminal charges against you. We may negotiate for the criminal nuisance charge to go away and plead to other charges, or possibly plead to criminal nuisance if they other charges are more serious.
Free Consultation on Criminal Nuisance Criminal Cases in New York State
In our free consultation, we will explore all your best defense options for the charges against you. These cases get complicated very quickly, and and experience New York defense lawyer can help you navigate these legal waters to get yourself the best possible outcome.
Call our attorneys now to talk about your criminal nuisance, drug charges, or related New York state criminal offenses. Call (888) 435-4744 now to talk to a defense attorney who will know exactly what to do to help you.
But don’t wait! In a complicated criminal case, your best defense options may have time limits upon them. Your best chance to get your charges dismissed can disappear if you don’t act quickly. So call now (888) 435-4744.