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In the State of New York, self-defense can be a defense to certain crimes. While the conduct involved in self-defense, specifically, the use of physical force, would generally be considered an assault, in certain, very specific circumstances, that same conduct is...
If you have children, you already know that selecting a guardian for your children in the event of your death is an important part of any estate plan. Many parents struggle to figure out who would be the best person to raise their children. Consequently, it is not...
The National Safety Council has declared May as Motorcycle Safety Awareness month. Whether you are a driver of a motor vehicle or a motorcyclist, take this opportunity to learn a bit more about motorcycle safety. MOTORCYCLE COLLISION STATISTICS More than 88,000 people...
Many people find the process of divorce exhausting. However, once the divorce is finalized there is still work to do. There are many documents that should be updated post-divorce. We discuss many of these below. CALL YOUR TREATING PHYSICIAN'S OFFICE During the time...
Driving while intoxicated, or DWI, makes it illegal to operate a motor vehicle while intoxicated. To be guilty of DWI, the defendant must not only be intoxicated by alcohol, he or she must also be in physical control of the motor vehicle. Physical control of the...
One of the many sources of difficulty in divorce cases is the division of property. Property division is often misunderstood. Below is a basic discussion offered as a starting point for property division in a divorce. UNDERSTANDING “MARITAL PROPERTY” In New York,...
If you have been injured as a result of a doctor's error or misconduct in New York, you may have a basis for a medical malpractice claim. MALPRACTICE IN GENERAL Generally, medical malpractice involves a doctor or other medical professional who breaches the standard of...
Spring is on the way and summer is soon to follow. Now is the time motorcyclists start thinking about getting the bike out of storage and start planning for adventures on the open road. While motorcycling can be an enjoyable pastime, there is always a risk of personal...
“Theft” is the lay person's term for “larceny,” which is the term the state of New York uses when referring to most theft crimes. Types of theft covered by the larceny statutes may include the following. Stealing cosmetics from a drug store. Entering a big box store...
The Sixth Amendment to the United States Constitution guarantees, among other things, the right to have the assistance of counsel in the defense of criminal cases. The Fifth Amendment provides people with the right to be free from self-incrimination. The right to an...