OFFENSES AGAINST THE PERSON
The Sanders Firm, P.C.: Offenses Against the Person
In defending those who are charged with a crime, The Sanders Firm, P.C. represents those who are charged with committing offenses against the person as described in New York Penal Law Title H, which is entitled Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation. In Title H, you will find various offenses. If you are charged with one of these offenses, you are in a very serious situation that requires solid legal counsel.
Included in this section focusing on offenses against the person are:
- Assault and Related Offenses
- Strangulation and Related Offenses
- Homicide, Abortion and Related Offenses
- Sex Offenses
- Kidnapping, Coercion and Related Offenses
Offenses against the person include crimes that involve direct physical harm or force being used against another person. They may be divided into three categories- fatal, sexual, and non-fatal and non-sexual offenses.
When someone is charged with one or more of these crimes, they are innocent until proven guilty. However, once one is charged, it can be a difficult road to ensuring that your rights are persevered and due process is followed throughout. The primary concern is that the person receives a fair trial.
Your Rights Under the Constitution
The Sanders Firm, P.C. believes that everyone who is charged with a crime needs to understand how our rights are guaranteed under the United States Constitution. The United States Constitution protects us when we are suspected of a crime and after we are arrested. It even protects us after we are found not guilty or convicted of the crime with which we are charged.
The Fourth Amendment protects our homes against searches and seizures that are unreasonable and notes that warrants, including search and arrest, will not be issued without probable cause. Thus, we are protected before we can ever be charged with a crime.
In the Fifth Amendment, we are guaranteed that before we can be charged with a capital or infamous crime, a Grand Jury will have to convene and investigate the evidence. It also states that no one can be tried for the same offense twice (double jeopardy). It also assures that each one of us will enjoy the benefits of a fair trial. Finally, no one can be compelled to offer evidence against oneself. In addition, our Miranda rights, which are generally read to each person when they are arrested and questioned while in police custody, protect our rights in terms of process and not having to testify against oneself, are connected to this amendment.
The Sixth Amendment offers guarantees regarding our rights when being tried. It reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
We find in the Eighth Amendment that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This assures certain rights during arrest and sentencing.
Finally, the Fourteenth Amendment guarantees that everyone will have “equal protection of the laws.”
When you are charged with a criminal offense against the person, contact The Sanders Firm, P.C. in New York City. We will make sure your rights are protected and give you the finest representation possible. If you need legal representation, call The Sanders Firm, P.C. We are your voice for justice.