Criminal Law, D.W.I. Law, and Vehicle and Traffic Law are created by the Legislature and interpreted by the courts which is called case law or decisional law. As a criminal defense attorney one most know and be familiar with the numerous offenses set forth in the Penal Law and Vehicle and Traffic Law.
In addition an effective criminal defense attorney will be familiar with certain monumental cases that address certain issues such as search and seizure, release of a client from jail, speedy trial, and sentencing, among numerous other issues that present in criminal and D.W.I. cases.
Just as important an effective criminal defense attorney must be familiar with New York Criminal Procedure Law and how to apply this area of law in each individual case.
Each offense listed in both the Penal Law and Vehicle and Traffic Law has elements that the People or District Attorney’s Office must prove each beyond a reasonable doubt. If the People cannot prove each element beyond a reasonable doubt either in the eyes of a judge or a jury then a defendant is found not guilty.
Crimes both under the Penal Law and Vehicle and Traffic Law vary in the elements that must be proven by the People, level of the offense (i.e. how serious the crime charged is) and the possible sentences that can be imposed.
Many crimes are elevated by degree depending on the particular facts and circumstances of a case. For example, the seriousness of a larceny case depends on the value alleged to be stolen. The seriousness and degree of drug charges depend upon the amount sold or possessed and sometimes the actual drug being sold or possessed.
In nearly all instances the higher the degree of an offense will result in the possibility of more serious consequences and sentencing parameters.
After having handled thousands of criminal cases throughout the years Attorney Jason Henskee is intimately familiar with the Penal Law, Vehicle and Traffic Law, the Criminal Procedure Law, and Case Law in these areas.
However, in most cases Attorney Jason Henskee will again review the statue of the offense(s) charged, then review the accusatory or charging instrument and analyze the strength of case. In certain cases the facts may be so familiar to previous cases handled by Attorney Jason Henskee or certain case law that he will be able to immediately apply these resources to your case.
Your case is unique and it should be handled as such. A review of all documents related to your case, an interview, and an investigation when required will be handled by Attorney Jason Henskee. The process going forward will depend upon the particular allegations, nature of the offense, strength of the case, and a clients prior criminal history if any. Attorney Jason Henskee handles each case with the conception that his client be involved in all aspects or his or her case and be informed as to the status of the case as it progresses.