Brooklyn Brothers Receive No Jail Time for Bullying Sex Abuse Victim's Boyfriend

Brooklyn Brothers Receive No Jail Time for Bullying Sex Abuse Victim's Boyfriend

Three Brooklyn brothers, Jacob, Joseph and Hertzka Berger admitted that they tried to bully a restaurant owner, Hershey Deutsch last year, by ripping the kosher certificate off the wall at a restaurant. Deutsch is now the husband of former sex abuse victim and star witness against the influential Hasidic counselor Nechemya Weberman. in Brooklyn’s Satmar Hasidic Community. Although the three Berger brothers had nothing to do with the Weberman case, the incident at the restaurant owned by Deutsch revolved around a fundraiser that was being held at the time for Weberman. 

Nechemya Weberman was convicted last year of 59 counts, including sustained sexual abuse of a child, endangering the welfare of a child and sexual abuse and is serving a 50 year sentence in prison for molesting a young girl who came to him with questions about her faith. The victim, who is now 18, went to authorities in February 2011 and told them in detail about the abuse. According to a report in The Daily News, Weberman may have violated at least 10 other victims, some of whom were married woman, who came to him for counseling.

The three brothers were facing misdemeanor coercion. Brooklyn Supreme Court Judge, Danny Chun, allowed the three to plead guilty and receive conditional discharge, as long as they agree to stay out of trouble for one year over the objections of prosecutors. Jacob Berger also plead guilty to felony mischief and was required to pay a $500 fine. Mr. Deutsch shut down his restaurant after the incident. There is another case pending against the fourth suspect in the harassment and bullying case, who allegedly offered Mr. Deutsch $500,000 to drop the charges.

Mr. Deutch said:

“He was happy it’s over, even though they deserve a bigger punishment in my and the entire world's eyes,... The judge has his rules, and he made them pay what he thinks is fair...." the case has still sent a message to those who harass or intimidate victims and their family. This should be a lesson to the entire community that we won't stay quiet anymore, we will raise our voice and make sure every person involved will get the punishment they deserve..."

New York Bullying, Harassment Crimes and Criminal Mischief Property Damage Crimes

Bullying and harassment and are illegal in New York. Under Penal Code Sections 240.26 and 145, hharassment, criminal mischief property crimes, discrimination and hate crimes are all considered part of bullying behavior.

Bullying is when one person displays behavior that intends to harm or cause harm against someone including repetitious behaviors against the same person. Bullying can be verbal, social or physical. New York schools have a zero tolerance for bullying, and the State has enacted legislation protecting students against bullying.

Harassment in the second degree is when a person acts with the “intent to harass, annoy or alarm another person:

                1. He or she strikes, shoves, kicks or otherwise subjects such other

  person to physical contact, or attempts or threatens to do the same; or

                 2. He or she follows a person in or about a public place or places; or

                 3. He or she engages in a course of conduct or repeatedly commits acts

  which alarm or seriously annoy such other person and which serve no legitimate purpose.”

Harassment in the second degree is considered a violation.

Harassment in the first degree is when  a person “intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.”
Harassment in the first degree is considered a class B misdemeanor.

Criminal mischief and criminal tampering are two classes of property damage crimes in New York.

New York Penal Code 145 separates the property damage offense of criminal mischief into four separate classifications of felony and misdemeanor charges. The determining factors are the cost of the damage and the means of destruction in determining the severity of the charge.

Criminal Mischief in the 4^th Degree

Criminal mischief in the 4^th degree consists of the following acts of intentionally damaging someone else’s property without permission to do so:

“1. Intentionally participated in the destruction of an abandoned building.

  2.  Recklessly damaged property of someone else’s where the damage is valued at more than $250.

  3. Intentionally disabling a communication device when someone is attempting to seek emergency assistance from someone else in order to protect themselves or someone else from imminent physical injury.”

Criminal mischief in the 4th degree is considered a Class A misdemeanor, which carries a jail sentence up to one year and a $1,000 fine.

Criminal Mischief in the 3^rd Degree

Criminal mischief in the 3^rd degree consists of the following acts of intent to damage someone’s property without having the right to do so:

“1.  Having 3 or more prior criminal mischief convictions, you break into a locked vehicle with the intent of stealing property,

  2.  Damage someone else’s property where the damage is valued at more than $250.”

Criminal mischief in the 3^rd degree is considered a Class E felony punishable by up to 4 years in prison.

Criminal Mischief in the 2^nd Degree

Criminal mischief in the 2^nd degree occurs when you act with intent to damage someone else’s property and the damages are valued in excess of $1,500.
Criminal mischief in the 2^nd degree is considered a Class D felony, which carries a prison sentence up to 7 years.

Criminal Mischief in the 1^st Degree

Criminal mischief in the 1st degree criminal mischief occurs when, acting with intent, you damage someone else’s property using an explosive device.
This is the most serious of all criminal mischief offenses and is considered a Class B felony charge, which carries a prison sentence up to 25 years.

NYC Criminal Defense Attorney

If you or a loved one has been charged with misdemeanor or felony relating to bullying or related offense in New York or the surrounding areas, a good criminal defense attorney will be able to help you fight your charges. The criminal defense attorneys at our firm represent minors and adults charged with bullying, harassment, hate crimes and other related crimes. Our NYC criminal defense attorneys will protect your rights and negotiate a reasonable disposition of your case, including trying to get the charges dropped for lack of evidence.

New York Speeding Laws

Statistics show that 30% of traffic fatalities in New York are the result of driver speeding. Vehicles that are speeding require more time to stop and produce a more violent crash. Reducing driving speeds can save lives, including your own.

A speeding fine could cost you over a $1,000 dollars, and you could receive violation points on your driving record ranging from 3 to 11. Keep in mind that in New York your license will be suspended with 11 violations points. Speeds of 65 mph are permitted on the highways and where limits are specially posted. There are no plans in the State of New York to raise the speed limit.

You are required to drive at speeds less than the maximum speed limit in hazardous weather conditions as well. Drivers should drive with the flow of traffic and use the right lanes when possible to help avoid congestion and other aggressive drivers.

Enforcement

The New York State police, sheriff departments and local municipal police departments routinely conduct speed enforcements on a daily basis and identify traffic corridors where speeding contributes to unsafe driving. They may set up check points during holidays looking for drivers who are excessively speeding or driving under the influence of drugs or alcohol.

Fines and Penalties

• For speeding up to 10 miles over the limit, you may receive a minimum $90 to maximum $150 fine and not more than 15 days in jail
• For speeding 10 to 30 mph over the limit, you may receive a minimum fine up to $180 and a maximum of $300 and not more than 30 days in jail
• For speeding more than 30 mph over the limit, you may receive a minimum fine of $360 to a maximum of $600 and not more than 30 days in jail
• For an excessive and inappropriate speed, you can receive a minimum fine of $45 to a maximum of $150 and not more than 15 days in jail.

If you have 3 speeding violations or more in an 18 month period, your license will be revoked and fines will increase. Keep in mind that fines are doubled in work zones. You will also receive 3 driver points for driving upon to 10 mph over the limit, 4 driver points for driving between 11-20 mph over the limit, 6 points for driving 21-30 mph over the limit, 8 points for driving 31-40 over the limit and 11 points for driving over 40 mph over the limit.

New York DJ Arrested third time in Three Years for Prostitution Related Charges

On May 3, 2013, popular radio DJ and producer Mr. Cee was arrested for the third time on a prostitution related charge in the last three years. According to the New York Daily News, 46 year old Calvin Lebrun (Mr. Cee) was arrested in Brooklyn after trying to solicit an undercover police officer posing as a male prostitute.  In March of 2011, Mr. Cee was caught by police receiving fellatio from a male prostitute in car and pled guilty to the charge of loitering for the purpose of engaging in a prostitution offense three months later. He completed three months of counseling. In October 8, 2010, he was caught on the same charge in Lower Manhattan and pled guilty a month later.

New York Penal Code Section 230.00 - Prostitution

Under New York Penal Code Section 230.00, a person is guilty of the crime of prostitution when such person “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” A prostitution crime is considered a class B misdemeanor offense no matter your sexual orientation or gender. You could face up to three months in jail and a fine up to $500 if convicted.

Other Related Prostitution Offenses include:

Patronizing someone in a school zone, which is considered a class A misdemeanor

Patronizing a prostitute in the third degree, which is considered a class A misdemeanor,
when the person being patronized is under 17 years of age

Patronizing a prostitute in second degree, which is a class E felony, when the person being patronized is under 14 years of age

Patronizing a prostitute in the first degree, which is a class D felony, when the person being patronized is under 11 years of age  

Hiring a New York Criminal Defense Lawyer to Fight Your Charges

The New York prostitution laws classify are complex. If you are arrested for a prostitution charge, you should hire an experienced New York criminal defense attorney to represent you. A skilled and knowledgeable New York criminal defense attorney can argue such defenses on your behalf as entrapment or invasion of privacy and other defenses depending on the circumstances of the case.

Bukh Law Firm, P.C. routinely defends clients charged with prostitution crimes. We have established relationships with prosecutors in the Manhattan and surrounding areas. Our team of lawyers will investigate the charges against you, talk to witnesses and negotiate with the prosecutor to get your charges dismissed or arrange for a plea bargain so you can avoid jail time or other penalties.  

Terrorism Laws 101

Crime of Terrorism

The crime ofterrorism in New York is considered a class A-I felony offense and a serious violent felony crime. New York Statute 490.25 states that a person may be found guilty of the crime of terrorism when they intend to intimidate or coerce civilians or influence government policy or affect the conduct of government by murder, assassination or kidnapping. If convicted, a person could face loss of constitutional rights such as the right to vote, serve life in prison without parole or a death sentence when the terrorist offense is considered murder in the first degree, and other consequences.

Terrorist acts cause emotional, physical and economic harm to the victims, their families and society at large. Ever since 911, the laws have become stricter and law enforcement and prosecutors are vigilant about stopping, catching and making convictions. Fighting a terrorism charge in New York requires the expertise and assistance of an experienced New York criminal defense lawyer.

Other Related Charges

There are other related charges you could be convicted of even if you did not commit a terrorist act. You could be convicted of hindering prosecution of a terrorist in the second degree under New York Statute Section 490.30 or hindering prosecution of a terrorist in the first degree if someone was killed during a terrorist act, under Section 490.35, if you give aid to a person who you know has engaged in such terrorist act.

In addition, you could also face a charge of criminal possession of a chemical weapon or biological weapon in the first degree, second degree or third degree if there was intent to use it to cause serious injury or death to someone under New York Statute Sections 490.37, 490.40 or 490.45. Criminal possession of a chemical weapon or biological weapon in the first degree is a considered a class A-I felony, in the second degree a class A-II felony and in the third degree a class B felony.

New York City Defense Lawyer

The consequences of being accused of making a terrorist threat, participating in a terrorist act or being accused of hindering the prosecution of a terrorist can have long lasting implications on your life. If convicted, you face serious penalties and jail time or even the death penalty. A New City criminal defense attorney is trained and skilled at helping clients facing terrorist charges. Our experienced NY criminal defense attorneys will investigate the evidence, talk to witnesses, and above all make sure that your rights are protected. 

We will help you fight the charges by building strong defenses on your behalf. Being falsely accused of such a serious crime can be quite frightening to someone who has never been arrested before. That is why we will be with you every step of the way until your case has been resolved in a fair, equitable and just manner.