Legal Question in Criminal Law in New York

I am a general contractor,the owner of a construction company.Brooklyn New York.A few months ago,my workers were doing construction work in a 4-family residential house with interior renovation.Someday the inspectors of Department of Buildings came to job site for inspection(I was not at the job site when they came).They issued vialation to my company for "work does not conform to approved plan"and order stop work.(Because the construction plan did not show replace floor joist,but we replaced the floor joist).After this happened,we let the architect amended the construction plan,went to the ECB hearing,corrected the violation and paid all the penalty,also lift the stop work order.After we resolved this violation,about 1 month later,I received 2 criminal court summons(1 is for me,1 is for my company,these 2 summons are the same violation for work does not conform to approved plan)from Department of Buildings,they send me and my company to criminal court and charge me criminal penalty.

Please see below what they charge me(individual):

Section 28-201.1 of the New York City Administrative Code(�Code")in that Defendant violated Section 28-105.12.2 of the Administrative Code on February 5,2016,by performing work that did not conform to submitted documents,which is an unlawful act and a class I violation pursuant to Section 28-201.2.1 of the Code and 1RCNY 102-01(b)(1) of the Rules of the City of New York,punishable under Section 28-203.1(1)

And below is the Code I searched:






New York City Administrative Code(NEW)

�28-105.12.2 Compliance with construction documents. All work shall conform to the approved construction documents, and any approved amendments thereto. Changes and revisions during the course of construction shall conform to the amendment requirements of this code.

1RCNY 102-01(b)(1)

I can't believe that I could be charged criminal penalty but not civil penalty just because of "work does not conform to approved plan"(Class 1 Violation).And charge me and my company both.What can I do? I don't want to have criminal record in my life just because I am general contractor by performing work does not conform to approved plan.

Much thanks for your reading.

Asked on 10/02/16, 6:43 am

1 Answer from Attorneys

Robert Evans Robert S. Evans esq.

Multiple jurisdictions can have authority & prosecute for the same violations. I represent many cases such as yours on a regular basis. I can also assist you in making sure you will not be held personally liable in the criminal action. Please contact my office @ 718-834-0087 for a free phone consultation.

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Answered on 10/02/16, 7:31 am

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