In any criminal accusations involving violence, the potential consequences are often far more severe under NY law. In addition to the prison time you might face if convicted, there is a stigma around violent crimes that can haunt a person as they look for jobs, apartments or apply for college or graduate programs. Someone with a violent crime on their record, even a misdemeanor assault charge, can appear dangerous or unstable, and there is no real way to expunge such a conviction from your record, as the State of New York does not provide for expunctions.
Charges for assault, kidnapping, homicide and other violent crimes can be based on misunderstandings and situations with witnesses who are not very clear on what they saw. An attorney can bring those flaws in a prosecutor’s case to light, and seek for charges to be reduced or dismissed entirely.
If you face charges of any offense involving violence, a skilled attorney can make the difference between prison time and a criminal record or freedom. A skilled NYC violent crime lawyer from Greco Neyland, PC will fight for your rights. We’ll carefully look at all the charges against you and build the strongest possible defense.
With such serious charges in New York City, do not leave your future in the hands of a public defender with a giant caseload. We will provide the one-on-one attention necessary for creating the best strategy. Contact a NYC violence crime lawyer with experience as a former prosecutor at (212) 951-1300 today to set up a free consultation.
We serve clients throughout Manhattan and Brooklyn, as well as all other boroughs.
One of the most common offenses involving violence is assault. Assault charges, under New York law, can range from misdemeanors (assault 3) to felonies. However, they should all be taken very seriously. Assault charges under New York Penal Law §§ 120.00-12 involve some kind of injury to a person caused intentionally, recklessly or with criminal negligence by the accused.
Charges may escalate depending on the alleged intent of the accused, the seriousness of the injury, whether a deadly weapon was used and the victim. For instance, charges are more serious if the victim was a:
When more than one person is accused, the group may face charges of “gang assault.”
Menacing means to put a person in fear of death or injury. There are three degrees of menacing, ranging from misdemeanors to felonies. Charges become worse if they involve a weapon, certain behavior like following the victim, violating a protective order or a prior conviction for the same offense.
Menacing a police officer is a separate offense.
Stalking charges involve engaging in conduct that puts a person in “reasonable fear” for their physical health, actual harm to their mental or psychological health or fear about their job. To be convicted, the accused must be clearly told to stop their conduct and, instead, they keep doing the same thing.
There are four degrees of stalking. Causing physical injury or any type of sexual contact can escalate charges to a class D felony.
Reckless endangerment means creating the risk of serious injury or death for another. You do not have to intend to hurt anyone by your actions, nor must someone be hurt, for prosecutors to secure a conviction.
New York Penal Law § 135.00 differentiates between “restraining” a person and “abducting” a person. The difference between the two is critical because one constitutes the very serious charge of kidnapping, a class A-I felony, and one constitutes unlawful imprisonment, which, while serious, does not carry the same level of punishment.
To “restrain” a person means to unlawfully restrict a person’s movements without his or her consent and move that person from place to another or confine that person to a certain space. A person who restrains another person under this definition is guilty of unlawful imprisonment, which may be a class A misdemeanor or a class E felony.
To “abduct” a person means to hold a person in a place where he or she is unlikely to be found, or to use or threaten to use deadly force to restrain a person. Kidnapping charges involve abducting a person, and can range from a class B felony to a class A-I felony.
Coercion is, similarly, a criminal charge involving restraining another’s liberties under Article 135 of New York Penal Law. Coercion means to force a person to do something or prevent them from doing something by placing that person in fear of physical injury, property damage or other methods outlined in the law.
There are many different charges that a person might face under Article 125 of Penal Law if he or she is accused of being criminally responsible for the death of another person. The key difference in these charges, for the most part, is the alleged intent of the person accused.
Criminally negligent homicide means that the accused failed to act as a reasonable person to a criminal degree, and a person’s death resulted.
Manslaughter is a broader term for several offenses in which the accused’s actions were not intended to kill the particular victim. They can range from reckless actions to actions that were intended to kill one person, but killed another by mistake.
Murder is a Class A-I felony, the most serious offense in New York law. In murder charges, the defendant is accused of killing a person with intent to do so. Most charges are for second degree murder, however, one of several aggravating factors can cause the charges to escalate to first degree murder.
Like any other element of a crime, the District Attorney must bring sufficient proof to prove intent beyond a reasonable doubt. The failure to prove intent can mean the difference between manslaughter and murder charges, and therefore decades of prison. Your lawyer can challenge any evidence the prosecutor attempts to bring forward.
Any offense that involves accusations of violence could mean very serious penalties. Your best bet is to have a skilled criminal defense attorney on your side. Contact a Manhattan violent offense lawyer at Greco Neyland, PC. Call (212) 951-1300 for a free consultation.