Former Prosecutors Who Understand How Violent Crime Cases Are Built
When fighting violent crime allegations, it helps to have defense attorneys who understand the government's playbook. Leilani J. Rodriguez brings invaluable perspective from her background as a former Bronx County prosecutor and Assistant Attorney General.
Joseph P. Petito formerly worked as a Senior Assistant District Attorney in the Dutchess County District Attorney's Office, where he handled serious felony cases through hearings and trials. That prosecutorial background shapes how we evaluate the state's evidence, scrutinize police procedures, and anticipate the tactics used against you.
What Qualifies as a Violent Crime in New York?
In New York, certain crimes are designated as “violent felony offenses” (VFOs) under NY Penal Law (PL) § 70.02. This statutory classification dictates how a case is prosecuted and carries mandatory sentencing guidelines that remove much of a judge's discretion during sentencing.
Not all allegations involving physical altercations meet the statutory definition of a VFO. Our attorneys can thoroughly analyze the legal codes applied to your arrest, challenge charging decisions when appropriate, and work to identify opportunities where charges may be downgraded or dismissed.
Common Violent Crimes We Defend Against
Violent crime charges can arise from confrontations, alleged threats, weapon incidents, and other encounters. Common violent offenses we defend against include:
- Assault. Allegations of causing or attempting to cause physical injury.
- Robbery. Accusations involving the use or threatened use of force to take property.
- Strangulation. Charges involving allegations of restricting another person's breathing or blood circulation.
- Weapons and firearm offenses. Allegations involving unlawful possession, use, or handling of a weapon.
- Menacing and reckless endangerment. Charges involving alleged threats or conduct that creates a risk of serious physical harm.
- Homicide offenses. Charges involving allegations of causing another person's death or attempting to do so.
- Sex crimes. Certain sex offenses may qualify as violent felonies under state law, such as rape and aggravated sexual abuse.
What Are the Penalties for a Violent Crime Conviction?
A violent felony conviction can carry mandatory state prison sentences, even for first-time offenders. The exact penalties depend on the classification and severity of the crime. Potential penalties include:
- Class B violent felonies carry a mandatory minimum of 5 years and up to 25 years in state prison.
- Class C violent felonies carry a mandatory minimum of 3.5 years and up to 15 years in state prison.
- Class D violent felonies carry a mandatory minimum of 2 years and up to seven years in state prison.
- Class E violent felonies carry a mandatory minimum of 1.5 years and up to four years in state prison.
Enhanced penalties may also apply for defendants classified as “predicate” or “persistent” violent felony offenders, which can significantly increase mandatory minimums and even lead to life imprisonment. We contest prior convictions and challenge sentencing enhancements to mitigate the long-term consequences of these stringent laws on our clients’ lives.
How Does Self-Defense (Justification) Apply to Violent Crimes?
Under NY PL § 35.15, a person may use physical force when they reasonably believe it is necessary to defend themselves or another person against the use or imminent use of unlawful physical force, subject to statutory restrictions. The circumstances matter, including who initiated the confrontation, whether the threat was imminent, and whether the person claiming self-defense was the initial aggressor.
Deadly physical force is subject to stricter requirements. A person must reasonably believe the other person is using or about to use deadly physical force, and may have a duty to retreat when they can do so with complete personal safety. The law provides exceptions, including for a person in their own dwelling who was not the initial aggressor.
The sequence of events can be critical to a self-defense claim. A recording may capture only part of a confrontation, while injuries, witness accounts, and other evidence may provide additional context. Our attorneys can examine the timeline, compare accounts, and assess whether the available evidence supports a justification defense.
Trial-Tested Defense for Violent Crime Allegations
A strong defense requires more than responding to the charges listed in an arrest report. Our attorneys fight to protect your rights and future by:
Preserving Evidence Before It Disappears
Surveillance footage, 911 recordings, and phone data can be overwritten or lost within days or weeks. Early action can capture details that clarify what actually happened. We act quickly to request and preserve this evidence, along with body-camera video and witness contact information.
Challenging Unlawful Searches, Statements, & Identifications
When the facts support it, we pursue pretrial hearings to challenge the prosecution’s evidence. These may address whether police had legal grounds for an arrest or search, whether your statements were lawfully obtained, and whether a witness identification procedure was unfairly suggestive. Unlawfully obtained evidence may be suppressed.
Testing Witness Accounts & Injury Evidence
Violent crime cases frequently rely on witness accounts that conflict or change over time. We compare statements, examine witness credibility, and review medical records to assess whether the alleged injury meets the legal definition required for the charge. We also consult with medical or forensic experts when appropriate.
Addressing Orders of Protection & Release Conditions
Many violent crime charges come with a temporary order of protection that can bar you from your home or prohibit you from contacting family members. We advocate for reasonable release conditions and seek to modify overly broad orders of protection, and explain each condition clearly, since a violation can lead to new criminal charges.
Clear Guidance on Plea Offers and Trial Decisions
We keep you informed as your case develops and explain how each option could affect your freedom, record, and career, including any professional licenses you hold. If the prosecution makes a plea offer, our attorneys can help you weigh it against the strengths and risks of going to trial.
Protect your liberty and professional standing by partnering with our battle-tested defense lawyers. Call (845) 286-4503 to schedule a consultation.
