NYC
Government Cash
Seizures Lawyer

While criminal asset forfeiture is largely uncontroversial, civil asset forfeiture is a far more contentious subject. Civil asset forfeiture is similar to criminal asset forfeiture in that it is a legal vehicle for stripping illegally obtained property from an individual, or seizing property used in the commission of a crime. Unlike criminal asset forfeiture, civil asset forfeiture occurs against the property itself and does not require the owner to undergo due process under the law.

The civil forfeiture laws of the United States and the state of New York include verbiage that allows law enforcement officials more flexibility in the seizing of assets. Basically, the standard for seizure in civil asset forfeiture is a “preponderance of the evidence” rather than the “beyond a reasonable doubt,” as is the case for criminal asset forfeiture. Seizure of assets also takes place first in civil asset forfeiture instead of at the conclusion of a criminal case as it does with criminal asset forfeiture.

Many argue that existing civil asset forfeiture laws allow the justice system to essentially circumvent Americans’ Constitutional protections against illegal search and seizure. One of the worst aspects of current civil asset forfeiture laws is the fact that they basically allow any government agency, such as the Drug Enforcement Agency (DEA), the Internal Revenue Service (IRS), or the Department of Homeland Security (DHS), to seize any property they suspect may be connected to a crime before they even file charges. This same right extends to state and federal law enforcement officers and agencies. These entities also have incentive to keep the property they seized, including money recovered through civil asset forfeiture.

Vehicular Assault – A vehicular assault may fall under the category of a Class E or Class D felony in New York state. A common example of vehicular assault is when a driver has a blood alcohol level above the legal limit and causes bodily harm to another person while operating a vehicle. If the vehicular assault results in a fatality, the driver could be charged with vehicular manslaughter. Depending on the specific circumstances, a vehicular manslaughter conviction may result in a jail sentence of up to 25 years and $5,000 in fines, according to DrivingLaws.com.

Gang Assault – When someone teams up with one or more individuals to commit an assault on another person, this is considered a gang assault in New York. The National Gang Center states that a first-degree gang assault is considered a class B felony while a second-degree gang assault is classified as a class C felony. A person charged with a class B felony may have to serve a prison term of between five and twenty-five years. A class C felony is a less serious offense and does not require a sentence longer than seven years.

Assault on a Police Officer – Physically harming a police officer is considered a serious offense in New York and could leave you with a class C felony on your record. An aggravated assault of a police officer is considered a class B felony, which may carry a prison sentence of up to 30 years. According to YPDCrime.com, you could face similar charges if you assault a peace officer, paramedic or firefighter.

Assault in the 3rd Degree – This broad category comes with a class A felony charge, which is the highest degree of felony and may include life imprisonment. Justia describes this type of assault as someone who causes harm to another person in a reckless or criminally negligent manner with egregious damages.