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A New York Man, Bennie H, found himself facing additional charges


A New York Man, Bennie H, found himself facing additional charges following his arrest for possession and sale of a controlled substance in 2004. It seems that he had been arrested in North Carolina previously for robbery. The previous conviction made his current charges considerably more serious because under New York law, the previous felony conviction increased the seriousness of his current charges. Mr. H’s potential jail sentence had been increased on both of his charges. Mr. H decided to fight the increased sentencing by requesting that the courts evaluate the use of the North Carolina robbery conviction.

Mr. H argued that since the laws were substantially different between New York and North Carolina that the conviction for robbery in North Carolina did not meet the elements of the crime in New York. If this was the case, then Mr. H did not have a previous felony charge and the increased seriousness of the current charges against him would be invalid.

In this case, the law in North Carolina of robbery had been changed between the times that Mr. Holder committed the act and the time that he was arrested in New York. Because of this change in wording of the law, the crime that he actually committed in North Carolina would not have been the same as robbery in New York. The argument being that since the wording, i.e. elements, of the North Carolina robbery statute does not match the elements of the crime of robbery. It does not even meet the elements of the crime of grand larceny under New York statutes. Because the laws are not exactly the same, they cannot be used interchangeably. In New York, the crime can only be robbery if the force was present at the same time as the intent to steal. In North Carolina, the crime is robbery even if the intent to steal occurs after the initial forced act of taking the item. Since the crime would not meet the elements of the crime of robbery in New York it would not qualify as a prior felony and would not affect the outcome of his case in New York.

The original argument was denied two times. It was denied once in a decision dated July 15, 2004 and again on September 23, 2004. With the assistance of a lawyer, Mr. H argued that the courts should look at his case again. Therefore, the prior arrest in North Carolina cannot be used as a prior felony conviction in New York. On December 2, 2004 the state agreed with him and ruled that the North Carolina conviction could not be considered a prior felony conviction for the purposes of New York Statute.

Here at Steven Bilkis and Associates, we provide New York Robbery Lawyers, New York Petty Larceny Lawyers, New York Grand Larceny Lawyers and New York Shoplifting Lawyers. Being arrested and having your freedom taken away from you can be devastating. New York Robbery Attorneys will stand by you and ensure that your rights are protected. New York Robbery Attorneys can argue your side and make sure that you and your loved ones are compensated. We make sure that you are not wrongfully charged or convicted of any crime.

Stephen Bilkis & Associates with its New York Robbery Lawyers has convenient offices throughout the New York Metropolitan area including Corona, New York. Our Robbery Attorneys can provide you with advice to guide you through difficult situations. Without a New York Robbery Attorney you could lose your freedom even if the state has not adequately made its case. In addition to Robbery Law, Stephen Bilkis and Associates can recommend New York Personal Injury Lawyers who will help you.

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