Bronx Violent Offenses Lawyer
Some allegations are so serious that a conviction will require a person to serve time in prison. The court groups these charges into a category known as violent felonies. These offenses are charges that involve allegations of committing intentional harm against another person. This can include instances of serious assault, kidnapping, or certain sex crimes.
A Bronx violent offenses lawyer could help you if you are facing these allegations. An aggressive defense attorney from the Law Offices of Jeffrey Lichtman could help you tell your side of the story by developing a defense designed to protect your freedom and putting that defense into effect in court.
Categories of Violent Offenses in the Bronx
There is no crime under state law known as a “violent offense.” Instead, a violent offense describes a collection of crimes that carry enhanced penalties under law. These are known as violent felonies under New York Penal Law §70.02 (1). The law separates these offenses into four categories. Each category carries its own sentencing guidelines upon conviction.
Class B Violent Felonies
These are the felonies that carry the harshest penalties. They are punishable by a minimum prison term of five years and may rise to as many as 30 years. Examples of these crimes include kidnapping in the second degree, rape in the first degree, and aggravated assault on a police officer.
Class C Violent Felonies
These felonies carry minimum prison terms of three and six months up to a maximum of 20 years for certain offenses. This category applies to any attempt to commit a class B violent felony. Other charges include robbery in the second degree, gang assault in the second degree, and criminal use of a firearm in the second degree.
Class D Violent Felonies
This includes any attempt to commit a class C violent felony as well as criminal possession of a weapon in the third degree, making a terroristic threat, and facilitating sexual assault with a controlled substance. A conviction here results in a minimum prison term of two years up to a maximum of eight.
Class E Violent Felonies
The minimum term for these offenses is one and a half year to a maximum of four years. Examples here include aggravated sexual abuse in the fourth degree, falsely reporting an incident in the second degree, and persistent sexual abuse.
How Does a Deadly Weapon Impact a Violent Crime Case?
Having a “deadly weapon” in one’s control at the scene of an alleged offense may raise the severity of criminal charges. According to New York Penal Code § 10.00, a deadly weapon is,”… any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.” A Bronx attorney could help someone prepare a defense if they have been accused of a violent offense involving a deadly weapon.
Violent Offense Allegations and Protective Orders
By their nature, a violent offense involves endangering or threatening to endanger another person. To prevent future instances of potential violence, a criminal court and prosecutor may enact a protective order as a condition of pretrial release. This means that a defendant cannot have contact with the subject of the order. Even so, defendants have a chance to argue that a protective order is not appropriate in their case. An attorney in the Bronx could dispute the need for protective orders before a violent offenses case goes to trial.
How Does Disputing Violent Crime Charges Work?
The penalties for any conviction following a violent offense charge are harsh. For this reason, it is necessary to build a vigorous defense. Many prosecutor’s cases rely only upon an unreliable witness statement or unclear security footage. Others use legally questionable police work to obtain evidence.
A Bronx attorney works to analyze the facts in a violent offenses case and determine the best defense possible. They then work to research the law, conduct their own investigation into the incident, and argue points of law in court designed to protect a person’s rights.
Consult a Bronx Violent Offenses Attorney
Facing allegations of a violent crime can be a frightening and confusing experience. The laws that govern these allegations are harsh, and a conviction will forever change your life. Therefore, it is essential to understand your rights and how to fight back in court.
A Bronx violent offenses lawyer could provide powerful representation to protect your freedom. From day one, they can work to examine the legality of the police work in your case, make legal arguments before trial, and convince juries that there is reasonable doubt in the prosecutor’s case. Get started on your case by calling today.