State Criminal Defense Case Results
Attorney Robert J. Aiello
People v. R.E. (Queens County)
Our client was the Chief Financial Officer of a private company under investigation for embezzling over 16 million dollars and faced with bank fraud and money laundering charges. Our primary goal was for the case to be prosecuted in State court and not Federal court where the Federal sentencing guideline range was 10-12 years in jail. We successfully negotiated a felony plea in Queens County with a jail sentence of 2-6 years. The plea agreement did not prohibit our client from re-entering the same industry upon his release from jail. Our client was released from jail after serving 16 months.
People v. J.E. (New York County)
Our client was a public official in New York charged with Driving While Intoxicated and Reckless Driving in Manhattan. The prosecution alleged that out client refused to submit to a breathalyzer test and sped through a steady red light at a high rate of speed just missing a marked police vehicle entering the intersection. Our client admitted to the police that he had been out to dinner, had several drinks and knew why he was being arrested. After trial our client was acquitted of Driving While Intoxicated and Reckless Driving. Since we also prevailed at the DMV Refusal Hearing, the client’s license was not suspended.
People v. J.F., (Suffolk County)
Our client owned a successful landscaping business. His girlfriend also worked for him. Our client was arrested for Domestic Violence, Burglary and other related charges. Our client was released from jail with a full stay away order of protection which was later modified to a limited order of protection so our client could resume his relationship. Three months’ later our client was rearrested and indicted for Burglary in the Second Degree, Assault in the Second Degree, Criminal Contempt and Criminal Mischief in the Third Degree. We successfully negotiated a misdemeanor plea to Criminal Mischief with three (3) year probation which allowed our client to retain his business. A felony or domestic violence conviction would have resulted in the loss of his business because his clients are major corporations and not-for-profit institutions.
People v. A.C. (Queens County)
Our client was a 48 years old woman charged with attempted murder of her 9-year-old daughter. The victim nearly bled to death but eventually survived. The defendant had no prior contact with the criminal justice system and had a substantial psychiatric history. The defendant was examined by two defense psychiatric professionals and a prosecution psychologist and we were able to secure a not responsible because of insanity plea on behalf of our client who was incarcerated for a short time thereafter at a civil institution.
People v. R.S. (Queens County)
Our client was a 21-year-old college student with no prior criminal history or psychiatric history who abruptly attacked his mother with a knife and imprisoned her for several hours. The victim made a full recovery from the stab wounds she had sustained. On behalf of our client, we successfully proffered a not responsible by reason of insanity plea and our client is presently housed at a civil psychiatric institution.
P.v. M.J. (Queens County)
Our client was arrested for Domestic Violence and charged with Assault in the Third Degree, Aggravated Harassment and Menacing. Our client allegedly threatened to kill the victim, punched her in the face and body and exposed his genitals. We successfully negotiated a plea to Disorderly Conduct, a violation and not a crime with a Limited Order of Protection.
People v. L.N. (New York County)
Our client is a retired police officer who is charged with Grand Larceny in the First Degree. The prosecution alleges our client fraudulently applied for and was awarded Social Security Disability Benefits by misrepresenting his mental health and collecting in excess of $400,000 in Social Security Disability Benefits. The trial is expected to start in September 2017.
People v. A.A. (New York County)
Our client is a successful businessman who was in Manhattan for a business convention. After his meetings, he went out to dinner with some colleagues and on the way back to his hotel was arrested for Patronizing A Prostitute. Our client lives in California so we executed a Power of Attorney for our firm to represent him in his absence. The case was dismissed.
People v. S.T. (New York County)
Our client was arrested for Medicare Fraud which is a Class D felony. The prosecution alleges our client received more than $10,000 in Medicare benefits over a two-year period. We successfully negotiated a plea to Disorderly Conduct which is not a crime and agreed to make restitution in the amount of $10,000.
People v. M.G. (Kings County)
Our client was under investigation by Federal and State authorities for purchasing beer, alcohol and cigarettes out of state without paying the applicable stamp taxes. I-le was also under investigation for under-payment of sales and income taxes. Fortunately, he retained an attorney early on in the investigation and as a result he has not been charged with any crime.
People v. A.G. (Suffolk County)
Our client is a 19-year old charged with Criminal Possession of Stolen Property in the First Degree, a Class D felony and other related charges. He had several prior felony arrests which were dismissed. We had our client evaluated by a mental health expert who determined our client was suffering from anxiety and depression which led to his substance abuse. We successfully convinced the prosecutor and Judge to allow our client to participate in an in-patient drug treatment program and if he successfully completes the program the charges will be dismissed.
People v. J.P. (Queens County)
Our client was driving without a valid license and when the police tried to stop him for running a red light, he failed to pull over. Instead he led the police on a high-speed chase through the city streets which ended in a three-car accident. Our client was charged with Reckless Endangerment in the Third Degree, a Class D felony, Reckless Driving and other related charges. We successfully negotiated a plea to Disorderly Conduct which is a violation and not a crime with a sentence of a Conditional Discharge requiring our client to complete a Defensive Driving course.
People v. C.D. (Queens County)
Our client was a large construction company awarded a 23 million dollar contract as low bidder by the School Construction Authority to build a new school in Queens. The prosecution alleged that our client Failed to Pay Prevailing Wages to his employees. We negotiated a settlement which allowed our client to complete the project and not be barred from any future SCA or city projects.
People v. D.B. (New York County)
Our client is a successful interior designer in New York City. He was under investigation for failing to pay New York City Sales Tax. He retained our firm and he was not charged with any crime.
People v. C.M. (Queens County)
Our client owns a used car auto business. He was charged with Grand Larceny in the First Degree, a Class B felony for failing to pay in excess of $250,000 in sales tax over three years. We negotiated a misdemeanor plea deal which allowed him to remain in business and pay back the sales tax he owed.
People v. J.C. (Queens County)
Our client owns a trucking business in Queens County. He was arrested for Grand Larceny in the First Degree, Falsifying Business Records and Workman’s Compensation Fraud. He was paying his drivers off the books and reporting to the State Insurance Fund that he had no drivers other than himself. As a result he did not pay the proper workman’s compensation premiums to the New York State Insurance Fund (NYSIF). We successfully negotiated a plea bargain which allowed our client to remain in business and pay back the amount of premiums which should have been paid in the first place.