Felony Convictions

There are few things as stressful as getting charged with a felony. In New York and New Jersey, felonies are highly serious crimes that come with a multitude of consequences. For example, if you are convicted of a felony, you may no longer vote, sit on a jury, obtain a firearm, or use welfare. Additionally, many companies are in the practice of performing extensive background checks before they take on new employees and a felony conviction may hamper your changes of obtaining jobs in certain fields.

In New York there are five classes of felonies, ranging from A-E. There are hundreds of crimes that fit into each class, but I've put together a quick guide to what crimes correlate to each class of felonies.

Class A is the most seriously class of felonies.
Class A Felonies include: murder, treason, arson, kidnapping (all in the first degrees)
Violent Felony Sentence: Life, 20-25 years

Class B Felonies include: Aggravated Assault of a Police Officer, Burglary 1, Criminal Possession of a Weapon 1, Rape 1, Bribery 1, Grand Larceny 1, Insurance Fraud 1
Violent Felony Sentence: 5-25 years
Non Violent Felony Sentence: 1-3, max 25 years

Class C Felonies include: Aggravated Sexual Abuse 2, Burglary 2, Robbery 2, Bribery 2, Manslaughter 2, Vehicle Manslaughter 2
Violent Felony Sentence: 3.5-15 years
Non Violent Felony Sentence: probation, 1-15 years


Class D Felonies include: Assault 2, Criminal Sale of a Firearm 3, Sexual Abuse 1, Bail jumping 1, Criminal Sale of Marijuana 2, Stalking 1
Violent Felony Sentence: 2-7 years
Non Violent Felony Sentence: probation, 1-7 years

Class E Felonies include: Abandonment of a Child, Arson 4, Defrauding the government, Stalking 2, Computer Tampering 2, Criminally Negligent Homicide
Violent Felony: Probation, 1.5-4 years
Non Violent Felony: Probation, 1-4 years

Please remember that this information is taken from New York Penal Law Article 70, Sentences of Imprisonment. It does not mean that you can calculate your prison or probation time from this guide. You can receive jail time for Class C, D, and E felonies, however, jail time isn't mandatory like it is with Class A and B felonies. Prior Convictions often have a big impact on sentencing.

If you have been convicted of a felony, you should hire an attorney as soon as possible. An experienced attorney will be able to give you a more accurate estimate of what your sentencing will be. They can also advise and guide you through the process. If you are in need of a Criminal Defense attorney, you can call my office at 718-317-5007 or contact me at www.kmckernanlaw.com

Infidelity, Stay at Home Parent, or Financially Vulnerable? Consider a Post-Nupital Agreement!

We've written about pre-nuptial and cohabitation agreements, but do you know that many couples are now opting to draw up post-nuptial agreements? A post-nuptial agreement is a legal agreement between a couple that is made after the marriage has already taken place. Couples chose to sign a post-nup for a wide variety of reasons. One common reason that couples choose post-nuptial agreements because one partner has chosen to be a stay at home parent. If the couple decides that one partner will put his or her career on hold in order to stay at home with the couple's children, they may also decide to place the economic protection of a post-nuptial agreement in place. Parents who chose to stay home with their children often not only miss out on their peak earning years but lose time ordinarily spent climbing the career ladder.

If you or your partner has decided to become a stay at home parent, it's easy to protect yourself financially! Your first step should be to consult an attorney who specializes in Family Law. You should explain the specifics of your family's situation. Your attorney can then draft your family's custom agreement. Families can choose whatever financial arrangement is right for them (within the parameters of Family Law) and map out how their assets and the future of your finances in the event of divorce.

Post-nupital agreements have also become popular options for couples who have experienced infidelity. Depending on personal circumstances, couples can draw up anything from a "infidelity clause" in their post-nupital agreement to a shift of assets into the betrayed spouse's name for his or her financial security.

Post-nupital agreements can protect the entire family's financial future and ease the divorce process if it ever occurred. If you are married and in financially vulnerable position as a result, I strongly recommend you look into drafting a post-nupital agreement.

-Kevin P. McKernan

Amendment to the NYS Ignition Interlock Device Law

Recently, some new amendments to New York State Ignition Interlock Device Law were signed into law. The amendments change several key points of the procedure:

1. It is now a class E felony to drive while intoxicated on a conditional license. You will be charged with first degree aggravated unlicensed operation of a motor vehicle.
2. Youthful (under 18) DUI offenders will now be treated just like their adult counterparts. Before the amendment, it was not mandated that youth offenders get an ignition interlock device installed like it was for adult offenders.
3. The minimum period that an interlock ignition device will be installed was increased to one year. Before the amendment, the minimum was only 6 months.
4. The period of time that the interlock is on now begins from the date of sentencing, or the date that the device was installed if it was done in advance. Prior to the amendment, no “time served” was credited if the interlock was put on before sentencing.
5. In order to avoid the installation of the interlock device, an offender must swear under oath that they do not own a vehicle.

New Jersey DWI Legislation Mandates More Ignition Locks!

New Jersey has recently seen a few pieces of legislation that push for the installation of more Ignition Interlock Devices in the vehicles of DWI offenders. An Ignition Interlock Device is an increasingly popular piece of technology that, once installed, forces potential drivers to take a Breath Alcohol Analysis test before their vehicle's engine is able to start. 

Previously, New Jersey law mandated a three to seven month license suspension for first time offenders. Now, the NJ Legislature is considering a bill that would allow DWI offenders to avoid the license suspension penalty by mandating that all drivers convicted of DWI allow their vehicles to be fitted with the Ignition Lock device. 

If the legislation is passed, it will have a big impact in the way DWI cases are handled in New Jersey. One of the most far-reaching consequences of a DUI conviction is license suspension, which often prevents offenders from getting to work or school and thousands of dollars in fines, insurance premiums and commuting costs. Advocates of the bill assert that it will shift the focus of New Jersey DWI policy to prevention instead of simply punishing first time offenders. 

If you or a loved one is facing a DWI in New Jersey, it is important you contact an experienced attorney as soon as possible. An attorney who is familiar with these recent shifts in legislature is invaluable in cases such as these.

What You Can Do When Divorcing a Hostile Spouse

Divorce is an emotional process that can cause even the most amicable of spouses to bicker. In fact, it is not uncommon for one or both spouses to "go hostile" and make financial or child related threats during the divorce process. One spouse may make statements such as "I'm going to get the children in court" or "I'll make sure this divorce will bankrupt you." Threats like these don't at all mean that the court will allow them to occur, but they can easily become intimidating and frustrating for the spouse on the reviving end. If you are in the midst of a divorce with a "hostile spouse", there are steps you can take to protect yourself.

Updates to Leandra's Law Makes Driving Intoxicated with a Conditional License a Felony

Today I wanted to let you know about a new and very important change in New York State Law amending the law currently known as "Leandra's Law" or the Child Passenger Protection Act.

As you should be aware, Leandra's Law imposed strict penalties on the operation of a vehicle with children in the car while intoxicated. It mandated that an ignition interlock device, or IID, be installed in the vehicle of anyone convicted of driving while intoxicated. Furthermore, if a person is convicted under the law, they will be reported to The Statewide Central Registry of Child Abuse and Mistreatment.

Recently, Governor Cuomo signed legislation to make Leandra's Law even tougher. The new law makes it a class "E" felony to drive intoxicated on a conditional license rather than just a traffic infraction, which is not a crime. Driving while intoxicated with a revoked license will remain a felony.

The law also limits the circumstances when Court can waive the installation of the IID. Now the installation can only be waived when the person swears under oath they are not the owner of any motor vehicle and will not drive during the period of the interlock restriction. If the person lies under oath, it is considered perjury, which is a felony.

Obviously, every driver should drive safely and responsibly, but contact an experienced DUI attorney in the event that you are charged with a DWI or any traffic offense.

Kevin P. McKernan is a member of the National College of DWI Attorneys. 

Divorce in the Social Media Age

Divorces are often stressful, conflict filled events. Add technology such as cellphones and social media into the mix and divorce can be downright troublesome. Many people are not aware that what they say or do online can affect life outside the virtual world, especially during legal dispute such as divorce. Here are some helpful tips on what you should avoid doing online during a divorce.

1. Remember that anything you put on Facebook or other social media sites is public and can therefore end up in anyone's hands, even if you enable a "Friends Only" privacy setting. You don't want to look bad in a courtroom when the opposing attorney brings up your not-so-amicable Facebook statuses. You should never share anything on social media that you wouldn't want brought up in a courtroom.

2. Don't forget to change your passwords. Attorneys always advise getting rid of any shared bank accounts or credit cards during your first divorce consultation, but often forget to advise their clients to change their social media passwords. In such an emotionally charged time, one spouse may log into the social media accounts of the other and not only "hack" the account by posting unflattering statuses or comments but read private messages. You should also think about how you plan on separating things like cell phone service accounts. These contracts can often be expensive to break, so try to plan for the financial hit.

3. Remember that your soon-to-be-ex may also post unflattering things online. Facebook, Twitter and/or other social media updates can and have be used as evidence that a particular person is lying to the court. There have been countless divorce cases where one partner tries to hide certain assets or income from the court in order to look financially destitute when he or she isn't. If your soon-to-be-ex is claiming unemployment while uploading pictures of brand new vehicles to Facebook, you can submit that evidence into court.

4. Texts and e-mails are also admissible as evidence. Use caution when sending your soon-to-be-ex or even mutual friends texts or emails about things pertaining to your divorce. Remember, almost anything you write can be used in court.

If you keep these tips in mind, you will be able to avoid unnecessary stress during the divorce process. Remember, if you have any questions or concerns during the divorce process, you should consult with your lawyer before you take any action.