Across the United States, for many individuals, as well as families, life could simply, not get any better. The fact is, that for a lot of people, their day is a walk in the park, as not only are all their physical and mental wants and desires being met, but they have got either family, friends, or a stable support that not only has shown them how to live a happy , healthy, worry-free life, but one in which you learn from those around you and they are able to help guide you through both good and bad times, providing help, friendship, a human connection and much more. And it’s a great feeling, one that every human being should truly be able to experience. However, the fact is that many aren’t lucky enough to have good people around them, and weren’t raised in a family or within a group that held a structure in place, allowing them to flourish and live a care-free life, in which they are able adopt the good habits of others, while abandoning the bad habits they might have picked up along the way.
Charges are Classified into Groups
And with this type of a situation, it can often lead individuals down a path of negative actions, and seeking approval from an altogether, shady cast of characters – in many places around the country, this will entail crimes like robberies, violent actions against others, and much worse. However, when it comes to different types of crimes, whether violent or non-violent, its important for individuals to understand there are always consequences to such actions, but when it comes to giving out those consequences, it isn’t up to me, you, or your momma back home, but the judge, jury, and the state or federal government’s prosecutorial attorney. In order to properly dole out these punishments, its vital that we classify each and every crime, under its proper umbrella. And while you might have heard of these terms, unless you’ve really gotten in to bad legal trouble, you probably aren’t too familiar with what felony charge truly entail. As one of the city’s premiere criminal defense attorneys, Ms. Yanina Tabachnikova, Esq. has helped countless clients combat felony issues, and achieve their freedom in the face of many difficulties. She offers us these vital things we should know about felony charges, hopefully before we are ever charged.
How Do Felonies Differ from Other Crimes?
Felonies are the most serious class of criminal offense. They are generally defined as crimes punishable by imprisonment of more than one year, and the prison sentences are usually served in a federal or state penitentiary rather than a local jail. Some examples of felonies include murder, rape, burglary, kidnapping and arson. People who have been convicted of a felony are called felons. Repeat felons are punished extra harshly because sentencing laws take into consideration their criminal history. With each additional felony charge, expect punishments to get far more severe.
Felonies are far more sever than misdemeanors and infractions, the two other main group of crimes. Misdemeanors are usually defined as crimes that carry a maximum sentence of less than one year. Typical examples are shoplifting, trespass and simple assault. In many cases, people who are convicted of misdemeanors do not serve jail time but rather are ordered to pay a monetary fine or community service. The lowest-level criminal offenses are known as infractions. They normally carry no potential jail time whatsoever, or at most a few days. Some examples include littering and most traffic violations. As a criminal defense attorney, Ms. Tabachnikova defends these crimes quite differently, as felonies can cause drastic damage to your reputation, and future life prospects including housing, careers, credit or loans, large purchases, and much more.
Three Strike Laws
The fact is that when an individual commits a felony, they are now considered to be a felon, and repeat offenders are known as habitual felons and are likely subject to enhanced sentencing. One of the most severe enhancements is known as the three-strike law – as in the game of baseball when an individual is “out”. The federal government and many states impose substantially harsher penalties on a person who has two prior serious criminal offenses and is now convicted of a third. Essentially, the idea is that if you’ve demonstrated a history of committing felonies, especially violent ones, you should have an extremely long sentence, and usually life imprisonment. These laws are designed to protect the community from habitual criminals by removing them from the street for good.
As an advocate for the people, Ms. Tabachnikova is a staunch opponent of the three-strikes rule and has worked alongside others to see it removed from. Many believe this to be unconstitutional, as it essentially takes into account past issues, and punishes felons more than they otherwise would. In her opinion, and that of other advocates, recidivism rates aren’t indicative of a failure on the individual, but indicate how flawed our system is – as rehabilitation within the prison system is severely lacking, and inmates are rarely taught any life skills, nor are they provided with any career training or help with getting jobs. This often forces them to return to the only thing they know, despite most of them not wanting to, crime is the only way they know how to put food on the table for their families.
Are You a Felon with Immigration Issues?
The fact is with so much diversity across the city and state of New York, many felons aren’t even US citizens. And just like any other individual, they can find themselves in the predicament in which they have been charged with some serious charges – not only putting them in prison for some time but leading to many immigration issues as well. The government is known to deport non-citizens to their native countries as a result of a felony conviction, sometimes it may even just take a charge. In fact, even people who are lawful permanent residents (Green Card holders) can be deported, if they have committed serious enough crimes. Often, the individual will be required to serve out the prison sentence first and then, upon release, will be deported. This raises the stakes quite in a bit, in certain situations, Ms. Tabachnikova may suggest her clients take a plea deal, no matter if they contend their innocence, as it may simply be the only way for them to avoid federal or state lockup. But for an immigrant, even those in the process of becoming a citizen, accepting guilt or a no-contest plea, can cause them to be deported and leave their family forever. With immigrants in her family, and many clients dealing with such issues, Ms. Tabachnikova sympathizes with such a plight and will do her absolute best to assist any clients with immigration issues as well.
Have You Been Charged with a Felon? Don’t Wait Another Second! Call Now!
If you’ve been charged with a felony, it is vital that you do your diligence, and use every possible resource to begin fighting your case IMMEDIATELY – sometimes, waiting that extra day can be the difference between an unprepared prosecution, and getting locked up for the rest of your natural life. Don’t delay, contact the Law Offices of Ms. Yanina Tabachnikova today, and let her be an advocate for justice. Throughout her career as a criminal defense attorney, she has stood firm in her beliefs, and done everything in her power to practice law with scruples, and unmatched diligence to casework leaving no stone unturned in her pursuit of justice for her clients. No matter what your issues might me, be sure to contact us today!