Violent crime comes in all shapes and sizes. The common denominator of all violent crime is that it involves behavior that is characterized by great physical force so as to either inflict or attempt to inflict physical injury or damage. Virtually all violent crimes are classified as felonies. A felony is a major crime that is punishable by one year or more in prison, submission of a mandatory DNA sample and the loss of various civil rights, including the rights to vote, bear arms and be eligible for certain government jobs. Non-citizens who are convicted of felonies are generally subject to deportation as well. A conviction of a violent felony generally means that a jail sentence will be mandatory and much greater than the same level non-violent felony.
While the definition of a violent crime may appear obvious, in fact some crimes that an ordinary person might consider as being non-violent are classified by the New York State Penal Law as violent crimes. Accordingly, it is appropriate to examine what crimes fall under the category of violent crimes.
Section 70.02-1 of the New York State Penal Law sets forth the various crimes that are considered violent as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I [violent] felonies of murder in the second degree, kidnapping in the first degree, arson in the first degree, manslaughter in the first degree, aggravated manslaughter in the first degree, rape in the first degree . . , criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first degree, assault in the first degree, kidnapping in the second degree, burglary in the first degree, arson in the second degree, robbery in the first degree, incest in the first degree, criminal possession of a weapon in the first degree, criminal use of a firearm in the first degree, criminal sale of a firearm in the first degree, aggravated assault upon a police officer or a peace officer, gang assault in the first degree, intimidating a victim or witness in the first degree, hindering prosecution of terrorism in the first degree, criminal possession of a chemical weapon or biological weapon in the second degree, and criminal use of a chemical weapon or biological weapon in the third degree.
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision ; aggravated criminally negligent homicide, aggravated manslaughter in the second degree, aggravated sexual abuse in the second degree, assault on a peace officer, police officer, fireman or emergency medical services professional, gang assault in the second degree, strangulation in the first degree, burglary in the second degree, robbery in the second degree, criminal possession of a weapon in the second degree, criminal use of a firearm in the second degree, criminal sale of a firearm in the second degree, criminal sale of a firearm with the aid of a minor, soliciting or providing support for an act of terrorism in the first degree, hindering prosecution of terrorism in the second degree and criminal possession of a chemical weapon or biological weapon in the third degree.
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child, assault in the second degree, menacing a police officer or peace officer, stalking in the first degree, strangulation in the second degree, rape in the second degree, criminal sexual act in the second degree, sexual abuse in the first degree, course of sexual conduct against a child in the second degree, aggravated sexual abuse in the third degree, facilitating a sex offense with a controlled substance, criminal possession of a weapon in the third degree . . ., criminal sale of a firearm in the third degree, intimidating a victim or witness in the second degree, soliciting or providing support for an act of terrorism in the second degree and making a terroristic threat, falsely reporting an incident in the first degree, placing a false bomb or hazardous substance in the first degree, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall, and aggravated unpermitted use of indoor pyrotechnics in the first degree.
(d) Class E violent felony offenses: an attempt to commit any of the felonies of criminal possession of a weapon in the third degree . . ., persistent sexual abuse, aggravated sexual abuse in the fourth degree, falsely reporting an incident in the second degree, and placing a false bomb or hazardous substance in the second degree.
While anybody who gets arrested will be best served by retaining an experienced criminal lawyer, the enhanced penalties associated with violent felonies make the stakes even higher and mandate that the lawyer hired must be skilled and highly experienced in the defense of violent crimes.
If you or a loved one are ever contacted by the police and told that they want to talk to you, do not speak to them without first speaking to an experienced criminal defense attorney! The police are not your friends. An experienced criminal lawyer will help you protect the rights granted to every citizen by the United States Constitution.
If you or a loved one are arrested and charged with with a violent crime, if you want the best result possible, you better hire a talented criminal trial lawyer.
No lawyer can honestly guarantee a specific outcome to a case and I will not insult your intelligence by trying to do so. I have practiced criminal law in Queens and throughout the metropolitan area for more than thirty-four years and if you check me out, you will find that I have an excellent reputation as a skilled and honest lawyer who is respected by my colleagues in the defense and prosecution bars as well as by the judiciary. This reputation, skill and experience has been acquired through much hard work representing thousands of people like you charged with serious violent crimes including many murders.
While I cannot guarantee any specific result, I do promise you that I will use my reputation, skill and experience to obtain the best possible result for you, whether that means a trial or a negotiated disposition.
Good luck!