Violent Crime Attorney NYC

Violent crimes are difficult for even the most experienced lawyers to defend. With so much at stake, you really do need the best of the best legal representation. In The Big Apple, there is no better place to turn for the support and guidance you need than Cohen Forman Barone. Our New York City violent crime lawyers are highly skilled in representing those who face violent criminal charges.

• Rape
  • Rape in the First Degree: Engaging in sexual intercourse by forcible compulsion, with a person who is incapable of consent due to physical helplessness, or who is less than 11 years old.
  • Rape in the Second Degree: Engaging in sexual intercourse with a person who is incapable of consent due to mental disability or with a person who is less than 15 years old.
  • Rape in the Third Degree: Engaging in sexual intercourse with a person who is incapable of consent for reasons other than age or with a person under 17 years old when the actor is 21 or older.
• Arson
• Kidnapping
  • Kidnapping in the First Degree: Abducting a person with intent to compel a third person to pay ransom or for other specific reasons, and causing physical injury or death.
  • Kidnapping in the Second Degree: Abducting another person without the additional factors that elevate it to the first degree.
• Robbery
  • Robbery in the First Degree: Forcibly stealing property and causing serious physical injury or displaying a firearm or other deadly weapon.
  • Robbery in the Second Degree: Forcibly stealing property with the aid of another person, or causing physical injury.
  • Robbery in the Third Degree: Forcibly stealing property without the additional factors that elevate it to the first or second degree.
• Gun violence
• Sexual assault
• Murder, homicide, and manslaughter
  • Murder in the First Degree: Intentional killing with special circumstances, such as the victim being a police officer, or multiple victims.
  • Murder in the Second Degree: Intentional killing without special circumstances, or causing death through depraved indifference to human life.
  • Manslaughter in the First Degree: Intentionally causing the death of another person under circumstances that do not constitute murder.
  • Manslaughter in the Second Degree: Recklessly causing the death of another person.
• Vehicular manslaughter
• Assault and battery
  • Assault in the First Degree: Intentionally causing serious physical injury with a deadly weapon or dangerous instrument.
  • Assault in the Second Degree: Intentionally causing serious physical injury or using a weapon to cause injury.
  • Assault in the Third Degree: Causing physical injury to another person, either intentionally or recklessly.
• Weapons offenses
• Gang-related violence

New York State Penalties for Violent Crimes

The consequences for violent crimes can vary greatly. Many of these crimes have punishments that involve very lengthy prison sentences. There are a number of factors that are brought into consideration when determining what penalties will be imposed upon an offender.

The factors considered include:

• The motivation
• The relationship between the parties involved
• The extent of the injuries
• Whether or not a weapon was used
• Repeat offenders may face enhanced penalties.
• Crimes against minors or elderly individuals can lead to increased penalties.

Assault Penalties

Assault in the First Degree (Class B Felony):

• Penalty: 5 to 25 years in prison.

Assault in the Second Degree (Class D Felony):

• Penalty: 2 to 7 years in prison.

Assault in the Third Degree (Class A Misdemeanor):

• Penalty: Up to 1 year in jail.

Homicide Penalties

Murder in the First Degree (Class A-I Felony):

• Penalty: Life imprisonment without parole.

Murder in the Second Degree (Class A-I Felony):

• Penalty: 15 years to life in prison.

Manslaughter in the First Degree (Class B Felony):

• Penalty: 5 to 25 years in prison.

Manslaughter in the Second Degree (Class C Felony):

• Penalty: 3.5 to 15 years in prison.

Robbery Penalties

Robbery in the First Degree (Class B Felony):

• Penalty: 5 to 25 years in prison.

Robbery in the Second Degree (Class C Felony):

• Penalty: 3.5 to 15 years in prison.

Robbery in the Third Degree (Class D Felony):

• Penalty: 2 to 7 years in prison.

Rape Penalties

Rape in the First Degree (Class B Felony):

• Penalty: 5 to 25 years in prison.

Rape in the Second Degree (Class D Felony):

• Penalty: 2 to 7 years in prison.

Rape in the Third Degree (Class E Felony):

• Penalty: 1.5 to 4 years in prison.

Kidnapping Penalties

Kidnapping in the First Degree (Class A-I Felony):

• Penalty: 20 years to life in prison.

Kidnapping in the Second Degree (Class B Felony):

• Penalty: 5 to 25 years in prison.

Violent Crime Sentencing Enhancements

• Persistent Violent Felony Offender: An individual with two or more prior violent felony convictions may face life imprisonment.
• Aggravating Circumstances: Circumstances such as committing the crime in front of a child or as part of gang activity can lead to increased sentences.

Defending Against Violent Crime Charges in NYC

Being accused of a violent crime can have serious consequences, including hefty fines, jail time, and a permanent criminal record. It is crucial to have a skilled and experienced legal team on your side to help you navigate the complexities of the legal system and protect your rights.

At Cohen Forman Barone P.C, our team of dedicated attorneys is committed to providing personalized guidance, sound advice, and aggressive advocacy for individuals facing violent crime charges. We understand the gravity of these accusations and will work tirelessly to build a strong defense strategy tailored to your unique circumstances.

Factors we consider when defending against violent crime charges include:

• Eyewitness testimony
• Motive and intent
• Challenging the Evidence
  • Insufficient Evidence
  • Improper Evidence Handling
• Constitutional Violations
  • Illegal Search and Seizure
  • Miranda Rights Violations
  • Police conduct and procedures
• Alibi
  • Proving Presence Elsewhere
  • Alibi witnesses
• Self-Defense
  • Justifiable Use of Force
• Mistaken Identity
  • Witness Misidentification
  • Lack of DNA Evidence
• Consent
  • Victim's Consent
• Duress or Coercion
  • Acting Under Threat
• Mental Incapacity
  • Insanity Defense
  • Diminished Capacity

Don't face these serious charges alone. today for a consultation to discuss your case and learn how we can help protect your rights and fight for the best possible outcome.