Westchester County Entrapment Defense Attorney
What is Considered Entrapment Law in New York?
Entrapment is a criminal defense in New York used by criminal defense attorneys usually at trial or during plea bargain negotiations. The defense of entrapment is established where the defendant engaged in criminal conduct after being induced or encouraged to do so by law enforcement who was trying to obtain evidence against that defendant. This is most common in drug cases both possession and sale of a controlled substance.
The methods used by law enforcement must have been such as to create a substantial risk that the crime would have been committed by a person NOT otherwise disposed to commit the crime. Pursuant to New York Penal Law § 40.05 inducement or encouragement to commit the crime means "active inducement or encouragement."
Our criminal defense attorneys are experienced and will aggressively protect your rights. With offices in Peekskill & White Plains, our lawyers are available for a free consultation and always provide an honest and straightforward assessment of your case. At Proto, Sachs & Brown, LLP. our attorneys are former Assistant District Attorneys in Westchester County and Manhattan and have significant experience formally prosecuting and now defending criminal cases.
Using Entrapment as a Defense to Your Criminal Charge
In order to prove entrapment the burden of proof is on the defendant and pursuant to the Penal Law § 40.05 this must be shown by a preponderance of the evidence.
Some relevant factors to prove entrapment include:
- State of the defendant's mind
- Police conduct
Do you feel the Police "set you up" for an arrest? Was there an undercover officer involved in your arrest or possibly a confidential informant? As Westchester County criminal defense lawyers, we are always aggressively defending our clients and exploring every possible defense. We appear in all the courts of Westchester County and surrounding counties such as the Bronx, Putnam, Dutchess, Rockland and Orange Counties.
If you or a loved one is charged with a crime we are here to protect your rights and help you through this difficult time. Contact us to speak with one of our experienced criminal defense lawyers.