![]() While PBH 12 is a civil violation and PBH 12-B a crime, both carry a significant punch. If you willfully violate or refuse to comply with a NYS, NYC or a local Health Department regulation, then you could run afoul of section 12 or 12-B of the Public Health Law. If convicted, a judge could sentence you to jail for up to fifteen days and fine you $250. Obstruction of Governmental Administration in the Second Degree, Penal Law 195.05, makes it a crime to "intentionally obstruct, impair or pervert the administration of law.by means of intimidation, physical force or interference." This offense is a class “A” misdemeanor and punishable by up to one year in jail and a fine not to exceed $1,000.00.Ĭriminal Nuisance in the Second Degree, Penal Law 240.45(1) criminalizes behavior where you "knowingly or recklessly creates or maintain a condition which endangers the safety or health of a considerable number of persons." A class “B” misdemeanor, this would stay on your permanent record even if the potential jail time is “only” three months and up to a $500.00 fine.ĭisorderly Conduct, Penal Law 240.20(5), makes it unlawful and a non-criminal violation to congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse. There are ordinary and routine criminal charges from the New York Penal Law that have become newly and more broadly applicable under the current circumstances. Whether criminal or financial in nature, there are real consequences for people and businesses violating Executive Orders including those involving social distancing. The Crimes and Sanctions: Legal Penalties for Violating the Law In addition, another person was charged in the Bronx for failure to comply with the various directives. In that same day, 4,111 of those bars, restaurants and clubs were shut down, and two people were charged in connection with one of those clubs in Queens. Although in the relatively early days of the COVID-19 pandemic in New York City, NYPD officers visited 1,647 grocery stores and pharmacies, and 5,559 bars, restaurants and clubs in a single day to ensure that all of these businesses were in compliance. Taking Executive Orders Seriously: NYPD Stepping Up Enforcementĭo not underestimate the distance the police will go to ensure adherence to Governor Cuomo and Mayor de Blasio’s orders. Similarly, the pandemic has significantly altered the petition process for a Domestic Violence Family Court Order of Protection, the application of various criminal statutes, and how the NYPD and other police departments are allocating their resources to protect the public. In fact, defense attorneys who regularly practice in the “trenches” are fully aware of the drastic changes to arrest procedures and the COVID-19 arraignment process implemented in the criminal courts throughout the state. The criminal justice system is no exception. The spread of the Coronavirus in New York State and City, as well as Westchester, Rockland and other suburban counties, has impacted us all in almost every facet of life from stay-at-home orders to social distancing.
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