James Shalley has decades of experience handling Desk Appearance Tickets in New York City, Westchester, Nassau, and Putnam Counties.
E Felony Desk Appearance Tickets are Serious and You Need Legal Advice
By James Shalley, Esq.
Although the law has always been that E felony cases could in theory proceed by way of Desk Appearance Ticket, the NYPD has traditionally not made them available except in particularly rare circumstances. Under the changes taking effect in January, 2020, however, most E felony matters MUST proceed through the DAT process. Although the lowest form of Felony in New York, any felony matter needs to be taken extremely seriously. E felony matters are punishable up to four years in state prison.
Don’t Be Lured into Believing that your E felony is not Serious Because You “Just Got a Ticket”.
Being charged with a felony, even “just” an E felony, in New York is extremely serious and requires that you be prepared to make important decisions, some of which may be irrevocable, about your case on DAY ONE in Court.
In Queens County, for example, you may be required on day one in Court to make a decision about whether or not to “waive” speedy trial time prior to the case being presented to a Grand Jury. This means you need to understand what “speedy trial time” is, you need to understand what the Grand Jury is, how one influences the other, and why on Earth you might ever want to consider “waiving” anything. (Spoiler alert - you just might.)
If you are charged with an E felony, you need to take advantage of the time you have before your First Appearance
Speedy trial and Grand Jury procedure are not necessarily simple concepts, and if you want to make a good decision, you want to review these topics with your lawyer well before you go to Court. If you wait to go to Court without a lawyer, you will find yourself trying to understand complicated legal concepts like speedy trial and Grand Jury practice in a crowded hallway talking to a temporarily assigned public defender you have never met. If you have a choice, is that what you want for yourself?
If you were designing the circumstances for ensuring that you made your best decisions about your case starting on day one, of course you would have all the necessary discussions to make sure you understood what was best for you well before the Court appearance, in the comfort of your lawyer’s office, without the anxiety associated with being in Court.
A List of E Felonies that Might Receive Desk Appearance Tickets Under the New Law
I have reproduced below a list of some E felonies in New York State, most of which will become mandatory DAT cases beginning in January, 2020. Exceptions include sex cases, cases involving family members, cases where orders of protection are necessary, and cases where the Government will be wanting to suspend a driver’s license. Some of the listed E felonies are rarely charged. Some of the more commonly charged E felonies are in bold type. (Not all E felonies are listed here.)
(ATTEMPT to commit a class D felony is also an E felony. Therefore, if you are charged with the attempt to commit a crime, and that crime is a D felony, this will also likely be a Mandatory Desk Appearance Ticket situation.)
Criminal solicitation in the third degree 100.08
Conspiracy in the fourth degree 105.10
Criminal facilitation in the third degree 115.01
Vehicular assault in the second degree 120.03
Menacing in the first degree 120.13
Criminally negligent homicide 125.10
Unlawful imprisonment in the first degree 135.10
Criminal mischief in the third degree 145.05
Arson in the fourth degree 150.05
Grand larceny in the fourth degree 155.30
Computer trespass 156.10
Computer tampering in the third degree 156.25
Unlawful duplication of computer related material in the first degree 156.30
Criminal possession of computer related material 156.35
Welfare fraud in the fourth degree 158.10
Criminal use of a public benefit card in the first degree 158.35
Criminal possession of public benefit cards in the third degree 158.40
Unauthorized use of a vehicle in the second degree 165.06
Auto stripping in the second degree 165.10
Criminal possession of stolen property in the fourth degree 165.45
Trademark counterfeiting in the second degree 165.72
Unlawfully using slugs in the first degree 170.60
Forgery of a vehicle identification number 170.65
Illegal possession of a vehicle identification number 170.70
Falsifying business records in the first degree 175.10
Offering a false instrument for filing in the first degree 175.35
Insurance fraud in the fourth degree 176.15
Health care fraud in the fourth degree 177.10
Criminal diversion of prescription medications and prescriptions in the third degree 178.15
Criminal diversion of medical marihuana in the first degree 179.10
Commercial bribing in the first degree 180.03
Commercial bribe receiving in the first degree 180.08
Rent gouging in the first degree 180.57
Residential mortgage fraud in the fourth degree 187.10
Criminal impersonation in the first degree 190.26
Scheme to defraud in the first degree 190.65
Criminal use of an access device in the first degree 190.76
Identity theft in the second degree 190.79
Unlawful possession of personal identification information in the second degree 190.82
Unlawful possession of a skimmer device in the first degree 190.86
Perjury in the second degree 210.10
Making an apparently sworn false statement in the first degree 210.40
Tampering with a witness in the third degree 215.11
Intimidating a victim or witness in the third degree 215.15
Tampering with physical evidence 215.40
Criminal contempt in the first degree 215.51
Criminal injection of a narcotic drug 220.46
Criminal possession of precursors of controlled substances 220.60
Criminal possession of methamphetamine manufacturing material in the first degree 220.71
Criminal possession of precursors of methamphetamine 220.72
Unlawful disposal of methamphetamine laboratory material 220.76
Criminal possession of marihuana in the third degree 221.20
Criminal sale of marihuana in the third degree 221.45
Promoting gambling in the first degree 225.10
Possession of gambling records in the first degree 225.20
Gaming fraud in the first degree 225.60
Possession of unlawful gaming property in the second degree 225.75
Use of unlawful gaming property 225.85
Patronizing a prostitute in the second degree 230.05
Aggravated patronizing a minor for prostitution in the third degree 230.11
Criminal nuisance in the first degree 240.46
Criminal interference with health care services or religious worship in the first degree 240.71
Aggravated interference with health care services in the second degree 240.72
Aggravated interference with health care services in the first degree 240.73
Directing a laser at an aircraft in the first degree 240.77
Harming a service animal in the first degree 242.15
Eavesdropping 250.05
Unlawful surveillance in the second degree 250.45
Dissemination of an unlawful surveillance image in the first degree 250.60
Abandonment of a child 260.00
Non-support of a child in the first degree 260.06
Criminal possession of a weapon on school grounds - S265.01-A 265.01a
Criminal possession of a firearm - S265.01-B 265.01b
Unlawfully dealing with fireworks and dangerous fireworks - S270.00(2biii) 270.00
Unlawful fleeing a police officer in a motor vehicle in the second degree 270.30
Manufacture of unauthorized recordings in the first degree 275.10
Manufacture or sale of an unauthorized recording of a performance in the first degree 275.20
Advertisement or sale of unauthorized recordings in the first degree 275.30
Unauthorized operation of a recording device in a motion picture or live theater in the first degree 275.34
Failure to disclose the origin of a recording in the first degree 275.40
Money laundering in the fourth degree 470.05
Money laundering in support of terrorism in the fourth degree 470.21
James Shalley has been practicing criminal defense in New York for more than 30 years.