NYC Criminal Lawyers
Going to criminal court in New York City can be a frustrating and scary experience. This is especially true when you are facing serious criminal charges that can result in a long incarceration period. New York City prosecutors are adamant about reducing crime in the metropolitan area, as it is one the world’s most attractive tourist destinations, as well as the home to over seven million primarily law-abiding residents. Having an experienced and aggressive criminal defense attorney is imperative when attempting to defend against any criminal charge in a New York City court room when the charges and potential penalties are significant. This is especially true when being charged with a felony because all felonies carry the potential for long-term state penitentiary incarceration. When in doubt, we encourage you to contact our NYC criminal lawyers.
Work with the best NYC Criminal Attorneys
New York City is a unique region. There are seven distinctive areas within the municipality and the court systems are not uniform. Different levels of criminal prosecutions are handled in differing locations and names of the particular criminal court do not always comport. Even a defendant who is familiar with the New York City court system may have difficulty determining the exact location of the court where their case appears on the docket. An NYC criminal lawyer who practices primarily in New York City will understand how to avoid a potential failure to appear charge when a defendant attempts to comply with the court, but goes to the wrong location. In addition, an attorney who works within the court system on a daily basis is familiar with the court officers and can be a solid voice for your case during the bargaining process.
Aggressive NYC Criminal Lawyers
New York City has a serious criminal court adjudication problem. The courts, and especially the municipal misdemeanor courts, are overwhelmed with petty criminal cases that are being prosecuted on borderline evidence at best. The recent stop-and-frisk policy has meant that police did not need reasonable suspicion to search what they thought may be an individual engaged in criminal activity. Even though that policy has supposedly stopped, police protocol is still very similar to the previous policy. This means that many cases in misdemeanor courts could be plea-bargained or dismissed completely when the case defense is presented to the court effectively, often before any hearing. Our criminal lawyers in NYC aggressively defend any client who is being accused on borderline or inadmissible evidence and we are always prepared to take a case to trial, which the court system always wants to avoid because of case congestion.
Criminal Defense Lawyers in NYC who don’t give up
Never just assume that a misdemeanor charge is a minor issue. Misdemeanor convictions can result in a jail term in a local jail for up to one year. A misdemeanor is still a criminal charge, and it will result in a criminal record if not defended using all of your legal rights, including right to an appeal. Even the charge and arrest report will remain on a criminal history unless it is expunged without prejudice. In addition, there are still crimes classified as misdemeanors that can impact a defendant’s life for years. Any conviction for driving under the influence or drug possession is a serious offense, even in typical cases involving questionable evidence. Drug charges can be lifelong problems also when the defendant is pursuing work opportunities. While they may not make the defendant a convicted felon, the reality is that society views this activity in a very bad light and many occupations require a relatively clean criminal history, if not perfect. Defending against a weak misdemeanor criminal charge is important because it is essentially an investment in your personal life going forward after adjudication. Retaining an experienced and highly effective criminal defense attorney can mean a much better outcome, especially at the misdemeanor charge level.
Defending Felony Charges
It is well understood that a felony charge is a very serious situation, regardless of the classification. For higher classes of felony, it will almost assuredly mean an extended jail term if the defendant is convicted. Both state and federal laws require that a defendant facing the potential of incarceration have competent legal counsel who can ensure that all rights of the defendant are respected during the prosecution process. Many individuals have no choice but to accept a public defender, instead of hiring an NYC criminal lawyer, for their case, even when charged with a felony. The best choice is always to retain a criminal defense attorney if at all possible because the potential for lifetime damage is very real with a felony conviction. The state is looking to take time off of your life, and many times a solid criminal defense attorney can lessen that length of time. Once again, between the defending NYC criminal attorney and the cluttered court system, the potential for a charge reduction is better when you have an aggressive and reputable attorney.
Understanding Felony Prosecution
Felonies are clearly the legal situations that everyone wants to avoid. The problem is that there are five different levels of felony charges in New York state, which can create confusion. It also creates a legal possibility for amending the charges within the classes. Always remember that the state prosecutes felony charges and the municipality prosecutes misdemeanors. Felonies are prosecuted much more vigorously because the community wants the state to maintain a grip on serious criminal activity in one of the leading states in the union, with one the world’s most vibrant cities in New York City. State prosecutors mean business. However, prosecutors have the authority to reduce any felony by one level using their own discretion, and then even further if a NYC criminal attorney can present your case in negotiating a settlement in a manner that cast reasonable doubt on criminal activity by the defendant.
Defending Frivolous Charges
Some felony criminal charges are still brought on flimsy evidence and have the potential for reduction or even discharge in some instances. Even in some cases when an over-zealous prosecutor is attempting to “throw the book” at the defendant, multiple charges can be combined into one specific and reasonable classification of criminal charge. This often results in a greatly reduced penalty and incarceration term, including potential probation for first-time offenders. A criminal defense attorney who is a professional case negotiator can often impact a case disposition to the advantage of the defendant, as the state is not “entitled” to a conviction. The charge must be proved beyond a reasonable doubt by the state prosecutors.
There are five classes of felony in the state of New York. Those classes are A, B, C, D, and E. Many states only use three or four classes and often reserve murder charges for a special class, making classification reduction difficult. The extra classes allow latitude in case adjudication for both sides of the charge. Class A is generally reserved for murder charges or treason, which is a rare criminal charge. Class A felonies are often taken to trial for a variety of reasons, including charge severity and the potential for acquittal. Class B is normally reserved for homicide and other forms of violent crime, but can include drug trafficking when huge amounts of controlled substances are confiscated. Class C is actually the most common level of felony charge, even when the material case evidence may not support the state prosecutor’s classification. This means the prosecutor can bargain down and still not receive much criticism for being “soft on crime” or some other public response. Class D and E felony charges are the lowest range of felonies, usually applied in cases where the criminal activity is not malicious in nature but are technically in the felony category. This is the level where many Class C felony charges are finally prosecuted or bargained for settlement. Our NYC criminal lawyers can help with all of these felony classes.
Do Not Settle For A Public Defender
Public defenders are a necessity to the legal system, but may not always provide adequate defense for the assigned client. The public advocate works for the same state that is prosecuting the case, and thee will always be a question of how willing they are to work diligently to protect the defendant client from being charged in excess of the criminal impact of the defendant’s action. Many times the charge is a crime without a victim, especially in cases involving drug distribution on any level. Public defenders regularly work in one specific court and can become an ally of the local court officials in many cases. Never accept a public defender for a criminal charge if there is any other option for legal representation.
Anyone in the city of New York who is facing criminal charges should contact our nyc criminal attorneys and let us do a professional and thorough analytic investigation of your particular case. We are very familiar with the overall city court structure and always represent our clients aggressively, including the willingness to take a case to trial when the charges are not valid. We understand how to craft a strong defense in any legal situation and have along track record of proven success at helping our clients receive a reduced case settlement including dismissal in cases where our client is being prosecuted on frivolous claims. Let us help you defend your case and ensure the respect of all of your legal rights.