The weight of the violent felony label
New York law sorts certain felonies into a category called violent felony offenses, and the list covers more than many people assume, including some weapon and burglary offenses. That classification can affect whether bail may be set, the range of sentences a court is allowed to impose, and how a conviction counts as a prior offense later. Because of that, a large part of violent crimes defense is about the exact charge, not just the facts. The difference between degrees can be a single disputed element, such as the nature of an object or the extent of an injury. Identifying that element early helps focus the investigation.
When you acted to protect yourself
Many violent crime cases involve a claim of self-defense or defense of another person, which New York calls justification. Once it is properly raised, the prosecution generally has to disprove it, but the rules about when force is allowed, and when there is a duty to retreat, are detailed and depend on where things happened. Evidence of who started the confrontation, what each person could see, and what happened in the seconds before force was used matters a great deal. Video from phones, buildings, and businesses is often decisive, and it disappears quickly. Telling your lawyer about every possible camera is one of the most useful things you can do.
If you have a prior record
A prior conviction can change both the sentencing range and how prosecutors view an offer. The details of the earlier case matter, including when it happened and exactly what it was for, and sometimes an older conviction is worth reviewing for legal defects. Do not assume your record is accurate; criminal history reports contain errors more often than people think. Bring whatever paperwork you have from earlier cases. Our early work is about mapping the current charge, the justification issues, and the record together so the strategy reflects all three.
