Criminal Defense Lawyers in New York

Criminal charges can jeopardize everything you have worked so hard to build in your life: your career, your reputation, and your personal and professional relationships. A conviction will threaten your freedom and future. With everything on the line, there is no option but to retain the services of our powerful, proven team of criminal defense attorneys in New York City.

What are the Penalties For a Criminal Conviction in New York?

There are several different types of penalties that accompany a criminal conviction in New York, including fines, jail time, probation, and potential consequences to your immigration status if you are not a U.S. citizen. Additionally, a criminal conviction may result in loss of employment for certain job types, loss of voting privileges, and the life-long stigma of being a convicted felony.

In New York, as in many other jurisdictions in the United States, crimes are generally categorized as misdemeanors or felonies, which differ in terms of severity and potential penalties.

What Is The Difference Between Misdemeanors and Felonies?

A misdemeanor is a less serious offense than a felony. In New York, misdemeanors are typically punishable by a maximum of one year in jail, fines, probation, community service, or a combination of these penalties. Misdemeanors include offenses such as petty theft, simple assault, disorderly conduct, and driving under the influence (DUI) for a first offense.

On the other hand, a felony is a more serious offense than a misdemeanor and often involves violence or significant harm to others, or substantial financial loss. Felonies in New York are punishable by more than one year in prison, up to $1,000 fines, probation, and other penalties. Examples of felonies in New York include murder, rape, robbery, burglary, grand larceny, and drug trafficking.

Depending on the classification of the misdemeanor or felony, you may be facing the following penalties:

• Class A Misdemeanor - Maximum 1 year in jail and up to $1,000 in fines. Examples include assault in the 3rd degree, forcible touching, and sexual misconduct.
• Class B Misdemeanor - Maximum 90 days in jail and up to $500 in fines. Examples include harassment in the 1st degree, prostitution, and unlawful assembly.
• Unclassified Misdemeanor - Between 16 days and 1 year in jail. Examples of unclassified misdemeanors include reckless driving and aggravated unlicensed driving.
• Class A Felony - 20-25 years to life in prison. Examples include arson in the 1st degree and murder in the 1st degree.
• Class B Violent Felony - 5 - 25 years in prison. Examples include sex trafficking and assault in the 1st degree.
• Class B Non-Violent Felony - 1 to 3 years, up to 25 years in prison
• Class C Violent Felony - 3.5 years or up to 15 years in prison. Examples include aggravated vehicular assault and aggravated criminal possession of a weapon.
• Class C Non-Violent Felony - 1 to 2 years, up to 15 years probation
• Class D Violent Felony - 2 to 7 years in prison. Examples include aggravated identity theft and reckless assault of a child.
• Class D Non-Violent Felony - 1.5 to 4 years probation
• Class E Felony - Up to 4 years probation. Examples of Class E felonies include unlawfully concealing a will and defrauding the government.

How Can a Criminal Case Be Resolved In NYC?

In New York, there are three possible ways to resolve criminal charges: dismissal, plea bargain, and trial. Below is an overview of these methods.

Dismissal

When a judge dismisses a defendant’s criminal charges, he or she is no longer at risk of being convicted and punished.

There are several reasons that criminal charges are dismissed, including:

• Violation of a defendant’s right to a speedy trial
• When double jeopardy prevents prosecution
• When misdemeanor charges are based on hearsay
• When a grand jury indictment is found to be defective
• When dismissal is determined to be in the interest of justice
• When it is determined that a case can’t be proved beyond a reasonable doubt

Plea Bargain

A plea bargain is an agreement between a defendant, District Attorney, and the court about how a case will be resolved.

Examples of common plea bargains include:

• An agreement that the defendant will be convicted of a less serious offense than if he or she were found guilty at trial.
• An agreement that the court will sentence a defendant to no jail time when a jail sentence would be possible, likely, or mandatory following a conviction at trial.
• A conditional plea in which a minor conviction replaces a serious conviction. Conditions typically agreed to by defendants include community service, restitution, and rehabilitative treatment.
• Adjournment in contemplation of dismissal.

Trial

A defendant charged with a crime has the right to a trial. However, a criminal trial is a complex legal proceeding, and it can be difficult to predict how a jury or judge will rule. Therefore, it is often desirable to avoid trial if there are other options available.

At trial, a judge or jury decides whether admitted evidence proves a defendant guilty beyond a reasonable doubt. If the admitted evidence doesn’t prove the defendant guilty, then he or she is acquitted of all charges. However, if a defendant is convicted, the court is required to impose a sentence, which may include jail or prison time.

Criminal Process in New York

The criminal process in New York follows a series of steps from arrest to trial. Here's an overview:

1. Arrest: The process typically begins with an arrest by law enforcement officers. This can occur if they have probable cause to believe that a person has committed a crime. The individual may be taken into custody and transported to a police station or precinct for booking.
2. Booking: At the police station, the arrested individual undergoes the booking process. This involves recording personal information, taking fingerprints and photographs (mugshots), and conducting a background check. The individual may also be searched, and any personal belongings may be confiscated as evidence.
3. Arraignment: After booking, the arrested person is brought before a judge for arraignment. During the arraignment, the charges against the individual are formally presented, and the judge informs them of their rights. The judge also sets bail, if applicable, and schedules future court dates.
4. Pretrial Proceedings: Before the trial, there may be several pretrial proceedings, including:
   • Plea Bargaining: Prosecutors and defense attorneys may engage in plea negotiations to resolve the case without going to trial. This can involve the defendant pleading guilty to lesser charges or receiving a lighter sentence in exchange for avoiding trial.
   • Discovery: Both the prosecution and defense exchange information and evidence related to the case through a process called discovery.
   • Pretrial Motions: Either party may file pretrial motions, such as motions to suppress evidence or dismiss charges, which are addressed by the judge.
5. Trial: If the case proceeds to trial, the prosecution and defense present their evidence and arguments before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defendant has the right to testify, call witnesses, and present evidence in their defense.
6. Verdict: After hearing the evidence and arguments, the judge or jury deliberates and reaches a verdict. If the defendant is found guilty, sentencing follows. If the defendant is found not guilty, they are acquitted, and the case is closed.
7. Sentencing: If the defendant is convicted or pleads guilty, sentencing occurs. The judge imposes the appropriate punishment, which may include incarceration, fines, probation, community service, or other penalties.
8. Appeals: The defendant may have the right to appeal the verdict or sentence if they believe legal errors occurred during the trial.

Throughout the criminal process, the defendant is entitled to certain constitutional rights, including the right to legal representation, the right to remain silent, and the right to a fair trial. These rights are intended to protect the accused and ensure due process under the law.

Common Defense Strategies to Criminal Charges

The appropriate defense to employ in a criminal case will depend on the type of charges and many other case specific circumstances. That being said, some of the most common defenses to criminal charges include:

• Failure to meet the burden of proof: In a criminal case, the prosecutor carries the burden of proving that the defendant is guilty of a crime beyond a reasonable doubt. The criminal statutes lay out every element of a crime and the prosecutor must prove that the defendant is guilty of every element of a crime beyond a reasonable doubt. The defense may assert that a not guilty verdict should be returned because the prosecutor has failed in successfully proving the case at this high threshold of beyond a reasonable doubt.
• Innocence: While there will need to be proof to be a viable defense strategy, asserting innocence is a common defense to criminal charges. One possible way of showing that you are innocent is through an alibi. An alibi establishes that the defendant could not have committed a crime because he or she was at a different location at the time the crime was committed. To establish an alibi, proof such as an eyewitness account, security footage, or receipts, among other things, may be entered in as evidence.
• Self-Defense: Usually asserted when a defendant has been charged with a violent crime, asserting the defense of self-defense means that the defendant was actually a victim of a threat made by the alleged victim of the violent crime. In a self-defense situation, the defendant asserts that the alleged victim was, in fact, an aggressor who threatened the defendant with imminent harm. For this defense to work, a reasonable person must have seen the alleged victim’s words or actions as a threat of imminent harm. Additionally, the defendant is only allowed to respond to this imminent harm with a level of force necessary to neutralize the threat. Any excessive force will render this defense ineffective.
• Statute of limitations: There is a limited time period that legal action can be taken against someone for committing a crime. If legal action is not taken in a case, the statute of limitations will run and then there is a permanent bar on bringing the action at all. Most crimes have a statute of limitations and the length of time for the statute of limitations will vary between different crimes. Homicides usually do not have an applicable statute of limitations.

Here's Why You Need To Hire A Criminal Defense Attorney

If you have been arrested, charged with a crime, or believe you are suspected of committing a crime, there are multiple reasons that you should hire a criminal defense attorney to represent you. And regardless of whether you are facing misdemeanor or felony charges, there are definite advantages to obtaining experienced New York legal counsel to handle your case.

Below are just a few of the reasons that you should hire a criminal defense attorney:

Charge Elimination and Sentence Reduction

One advantage of hiring a criminal defense attorney to handle your case is the possibility of having your sentence or charges reduced or eliminated altogether. Often, a good criminal defense attorney will negotiate with the prosecutor for a reduced sentence and the elimination of charges. In addition, a criminal defense lawyer can advise you on the potential outcomes of pleading guilty or not guilty, as each may have advantages depending on the circumstances.

Support During a Trying Time

One aspect of hiring a New York criminal defense attorney that is seldom discussed is the peace of mind that comes with knowing you’ve got an experienced legal advocate in your corner. The prospect of a jail sentence or criminal record can be emotionally daunting. Simply having someone who understands the legal system on your side can relieve much of the stress associated with criminal charges. Knowledge is power, and a New York criminal defense attorney will supply you with all the information you need to feel confident about your case.

Technical Assistance

Without an attorney, it can be difficult to obtain evidence, witness statements, and other items that are necessary for mounting a solid defense in court. However, an experienced criminal law attorney will understand how to procure such evidence in order to help you build your defense. In addition, the legal process is extremely complicated, and an attorney will help you navigate the process while working to achieve the best possible outcome in your case.

Defending Your Rights In New York City

The partners in our firm not only come from different professional backgrounds—judges, prosecutors, trial lawyers, and appellate lawyers—we are NYC criminal lawyers who are well-known and well-regarded in every county in the metropolitan area. While our reputation has grown, we have never lost the local contacts in New York City, Nassau County, and Suffolk County that are necessary to ensure that our clients get the best possible results. 

Regardless of the specific charge or circumstances surrounding your arrest or where or by whom, you have the right to a criminal attorney who understands the local customs and practices and who has earned the respect of law enforcement, prosecutors, court staff, and judges in every county in the metropolitan area.

From pre-trial investigations to criminal appeals, our New York criminal defense lawyers have the resources and experience to effectively prevent an arrest or reverse an unjust conviction.

Some of the outstanding achievements of our partners and criminal defense attorneys include:

• A nationally recognized authority on DWI defense
• Defense attorneys involved in high-profile murder cases that drew national attention
• Lecturers and educators to other attorneys in the defense community
• A Lifetime Achievement Award recipient from the New York State Association of Criminal Defense Lawyers

Contact Our Criminal Defense Lawyers Today

If you want to learn more about Barket Epstein and the steps we can take to help you, contact our offices for a free, confidential consultation. Right now, you have the invaluable opportunity to involve a New York criminal lawyer who has the skill to successfully defend your rights and freedom. Contact our Huntington, Garden City, or New York City criminal defense attorneys now to schedule a consultation. Seize this chance to work with a firm with the credentials, results, and experience you deserve.

Related Reading:

• Preparing for Your Criminal Bail Hearing
• Do I Need a New York Criminal Defense Attorney?
• How to Prepare for an Initial Consultation with a Criminal Defense Lawyer
• Choosing the Right Criminal Defense Attorney
• Common Defense Strategies to Criminal Charges

Local Resources

• New York State Unified Court System
• New York Courts
• United States District Court: Southern District of New York
• United States District Court: Northern District of New York
• New York State & Appellate Courts
• Courts in New York
• New York City Court Information
• NY Inmate Population Information Search
• NY Incarcerated Individual Locators
• NY Inmate Records

New York Criminal Defense Attorneys

If you’ve been charged with a crime in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein Kearon Aldea & LoTurco, LLP, our experienced New York criminal defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible.

Our highly skilled criminal defense attorneys, who come equipped with a long track record of success both in negotiating favorable plea bargains and in reaching favorable outcomes in the courtroom, will fight tirelessly to ensure that your rights are protected. Whether you have been arrested and charged with a crime or are simply being investigated, the attorneys at Barket Epstein are here to help. Please contact one of our experienced criminal defense attorneys for a consultation.

Contact Barket Epstein Kearon Aldea & LoTurco, LLPto get started on your defense with our criminal defense attorneys in NYC.