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Criminal Defense Lawyer
Serving Albany, NY & All of New York State

Dreyer Boyajian LLP defends the rights of those accused of serious matters, from felonies to misdemeanors. Facing a criminal charge is a stressful and overwhelming process to navigate, especially when you are unfamiliar with the criminal justice system.

We discuss the types of cases our criminal defense attorneys can help you with in the sections below. For immediate assistance, please call us at (518) 463-7784 today. At Dreyer Boyajian LLP, our criminal defense attorneys are proud to represent clients in the Capital District, including Albany, Saratoga Springs, Schenectady, Troy, NY, and all of New York State.

In New York, a blood alcohol content (BAC) of .08 or higher is considered driving while intoxicated. For a first offense, DWI and driving while ability impaired by one or more drugs (DWAI/Drug) carry a fine of up to $1,000 and 1 year in jail.

Other violations in New York State for drunk or drugged driving include:

  • Driving while ability impaired by alcohol (DWAI/Alcohol): Driving with a BAC between .05 and .07
  • Aggravated driving while intoxicated (AGG DWI): Driving with a BAC of .18 or more
  • Chemical test refusal: Refusing to provide a breath, urine, or blood sample at law enforcement’s request
  • Zero Tolerance Law: A driver under the legal drinking age (21) who operates a vehicle with a BAC between .02 and .07
  • DWI violations for commercial drivers: Commercial drivers with a BAC of .04 or higher (half the legal limit for drivers of passenger vehicles) are considered DWI

Violations of drunk driving laws carry heavy fines, suspension or revocation of your license, and possible jail time. However, simply because a police officer pulled you over does not mean you are guilty.

Our DWI lawyers will fully investigate the police reports to ensure that the traffic stop was legal and that sobriety field tests and chemical tests were conducted correctly. If the police made a mistake, it may be grounds for dismissal of the charges against you.

Defense Lawyer for DWI and Traffic Offenses

If your case proceeds to trial, we will gather evidence and introduce testimony to support your defense. Our attorneys will cross-examine the arresting officer and other prosecution witnesses to ensure that the jury does not get a one-sided picture.

Drug Charges

Drug offenses can be divided into several different categories, from possession to manufacturing, distribution, and trafficking. The type of drug and the amount involved also influence the charges you may be facing.

Drug Possession

Marijuana possession

According to amendments the state assembly passed last year, unlawful possession of 1 ounce or less of marijuana (second-degree possession) is considered a violation of the New York State Penal Code. The maximum fine for a first offense is $50, with no potential for jail time or additional penalties.

First-degree unlawful possession of marijuana is also considered a violation of penal law. The maximum penalty is a $200 fine, with no jail time.

Misdemeanor and felony possession carry stiffer penalties:

  • Misdemeanor possession: 2 oz. to 8 oz., up to 1 year in jail and $1,000 fine
  • Felony possession:
    • 8 oz. to 16 oz., up to 4 years in jail and $5,000 fine
    • 1 lb. to 10 lbs., up to 7 years in jail and $5,000 fine
    • Over 10 lbs., up to 15 years in jail and $15,000 fine

Possession of other drugs

New York has very strict laws when it comes to the possession of most drugs. The laws pertaining to criminal drug possession apply to all items on the schedules of controlled substances promulgated by The Laws of New York.

Under New York law, controlled substances include, but are not limited to:

  • Cocaine
  • Methamphetamine
  • Heroin, codeine, morphine, and other opium derivatives
  • MDMA/ecstasy, LSD, mescaline, psilocybin, and other hallucinogenic drugs
  • Phencyclidine (PCP/“Angel Dust”), Quaaludes, and other depressants of the central nervous system
  • Ketamine
  • Synthetic cannabinoids/“Spice” (manmade narcotic compounds containing highly concentrated cannabis)
  • Barbiturates (secobarbital, amobarbital, etc.)
  • Opiates

At minimum, possession of a controlled substance other than marijuana is a class A misdemeanor that can land you in jail for as long as a year and cost you as much as $1,000. On the other end of the spectrum, criminal possession of a controlled substance in the first degree is a class A-1 felony. The maximum penalty is a 20-year prison term.

Drug Manufacturing, Distribution, and Trafficking

Making, selling, and manufacturing controlled substances are all felonies under New York law. The laws on criminal sale include both controlled substances themselves as well as “preparations, compounds, mixtures or substances containing a narcotic drug” used to manufacture illicit substances.

The criminal sale laws include additional provisions for charges related to selling controlled substances in or near school grounds, selling controlled substances to a child, and other offenses. Other statutes directly address the “unlawful manufacture of methamphetamine” or possessing materials used in the manufacturing of meth.

These are serious charges that require a serious defense. Dreyer Boyajian LLP has the experience and skill to help if you are facing state or federal drug charges.

Domestic Violence

In New York, domestic violence incidents are tried in the courts under the broad term “family offenses.” But, no matter what the law calls it, accusations of domestic violence carry a serious stigma.

Attorney for Family Offenses

Family offenses may include accusations of assault, menacing, stalking, and other acts by one party against another in an “intimate partner relationship.” This includes:

  • People who are or were previously married
  • People with one or more children in common
  • Blood relatives
  • In-laws
  • Unmarried people in long-term relationships

You may also be subject to an order of protection that prohibits you from contacting your partner and other members of your family. Depending on the relationship, this may include your children.

Sexual Assault

Most sex offenses are felonies in New York, which means that conviction carries extensive jail time. Depending on the offense, you may also be required to register as a sex offender.

The key in cases involving sexual misconduct, abuse, and other charges often revolves around questions of consent. Our lawyers will fully investigate the situation and act in your best interest at all times.

Assault

In cases of first- or second-degree assault, the state must prove that the accused had the “intent to cause serious physical injury to another person” in committing the crime. Aggravated assault is defined as using a “deadly weapon or dangerous item” with intent to inflict serious injury.

Intent is a key consideration in assault cases. Self-defense and a lack of intent (such as pushing someone away in an effort not to get in a fight) may both be viable defenses if you are charged with assault.

Burglary

When you hear the term “burglary,” you likely think it refers to theft. You may be surprised to learn, then, that New York State law defines burglary as entering a building unlawfully with the “intent to commit a crime therein.”

Burglary of any degree is a felony offense, so it is worth mounting a serious defense to the charges. The key to your defense in most burglary cases is to present evidence that you did not have the intent to commit a crime upon entering the building, as well as present evidence to the contrary if you face charges for possession of burglary tools or other equipment associated with the commission of a crime.

Robbery

When you are charged with robbery, the state accuses you of using force in the commission of a theft. The charges for stealing property (as defined under the state’s larceny statutes) are already serious. A robbery charge, however, comes with even more significant consequences.

Convictions for robbery can result in prison terms of up to 25 years. You may also face thousands in fines based on the “financial gain” from the alleged crime.

To avoid this outcome, it is crucial to partner with an experienced criminal defense attorney who will investigate your case thoroughly and leave no stone unturned when it comes to evidence that may mitigate or even disprove the charges against you. Lawyers at Dreyer Boyajian LLP have extensive experience defending clients in robbery and other matters where a lot is on the line.

Vehicle and Traffic Law Offenses

Receiving a traffic ticket for speeding, driving without a license, or other moving violations can have serious consequences on your driving privileges.  Contact one of our attorneys if you are facing charges or citations for:

  • Speeding
  • Reckless driving
  • Failure to yield
  • Tailgating
  • Running a stop sign or red light
  • Unsafe lane changes
  • Talking or texting on a cell phone while driving
  • Leaving the scene of an accident

If you plead guilty to a traffic violation, points will be assessed to your driver license. Your license may be suspended or revoked if you acquire 11 or more points in a period of 18 months. It is important to take prompt action to protect your driving privileges and obtain an experienced lawyer to defend and help you avoid points on your license and fines associated with vehicle and traffic-related offenses.

White-Collar Crimes

The term “white collar” generally refers to office jobs in fields such as business, banking, wealth management, real estate, healthcare administration, and other professions. These roles often involve handling sensitive private and financial information.

Charges in white-collar cases often involve complex financial matters and voluminous regulations. Our attorneys have the experience in complicated litigation to provide you with able support if you have been charged with fraud, embezzlement, and other serious crimes. If you are accused, our lawyers will mount a strong white collar crimes defense on your behalf.

Get Help with Your Defense: Contact Dreyer Boyajian LLP

At Dreyer Boyajian LLP, our lawyers are proud to provide quality, compassionate legal representation in criminal proceedings. Everybody deserves a fair trial, and we are committed to leveling the playing field in your case.

Let us fight for you. Our criminal defense attorneys are experienced in representing clients in a variety of criminal matters. Please call (518) 463-7784 for service in Albany, Saratoga Springs, and throughout the Capital District.

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