Felonies are more serious crimes punishable by more than one year in jail and up to a term of life imprisonment; five years probation; rehabilitative programs (i.e. drug treatment) or in rare circumstances, neither. In addition, fines, surcharges and/or driving privileges suspension are typically imposed. Most felonies are resolved by plea bargaining, although there are statutory limits to plea bargaining in felony cases. An individual's prior criminal history is a factor usually considered in determining what the plea bargain shall be. Felony convictions affect one's right to vote, ability to gainful employment, immigration status and other civil liberties (i.e. where to live since some convictions require registering with local and/or state agencies). Felonies include, assault, grand larceny, forgery, trespass, burglary, robbery, drug possession and weapons possession. Classifications of a crime is determined by statute and range from "A-I" felonies to class "E" felonies, with "A-I" being the most serious. Sentencing, criminal procedure, bail, as well as plea bargains are all affected by the particular classification of the crime.

Stages of a Felony Criminal Case:

Arrest - The arrest may occur as a result of a complaint by another, a law enforcement officer's observation of a crime or an investigation conducted by law enforcement. Sometimes arrests occur at the scene of the alleged crime, at one's home, job, etc. or by an individual "surrendering" to the police. WE WILL ACCOMPANY YOU IF YOU PREFER A SURRENDER, to ensure that the process goes as smoothly as possible. It is inadvisable to go to the police station without an attorney just because an officer says all he wants to do is talk or asks questions. More often than not, these so called "talks" end up in you being arrested. At any point in the criminal case, you may request that an attorney be present and the police MUST allow you to have one.

Pre-arraignment - After an arrest is made and the individual is taken to the local police station, several tactics may be used by the police officer in an effort to substantiate the arrest. The individual may be put in a lineup, interrogated about the crime and/or knowledge about other crimes or accomplices, and/or asked to give a statement. This stage is the most critical and should never be endured without an attorney. Although the police have discretion to arrest, that arrest can be dismissed for illegalities if it violated any of that individual's constitutional rights. Ensuring that the individual's constitutional rights are not violated is one of the primary objectives at this stage, which is why having an attorney at this point is important. WE WILL APPEAR either by telephone or at the police station, at this very critical point, in an effort to protect your rights and to minimize the possibility of a wrongful conviction. We will telephone the police, if we are unable to appear and inform the police that no interrogation is to take place. Once they receive this warning they are not permitted to question you any further, not even if you tell them it is permissible.

Arraignment - Once the individual is booked and fingerprinted they will be transported to court to see a Judge. There will be a plea of "not guilty" (and sometimes "guilty" if there is a disposition) entered, the formal charges will be read and bail will be set. The prosecutor will attempt to have the highest bail (or "remand" which is where there is no bail set) based on their own account of the facts and circumstances of the arrest. There are several factors the Judge will take into account when making a determination about bail, i.e. past criminal history, community ties, the charges, etc. If bail is set, we will assist you in every way, including locating a reputable bail bonds man.. WE WILL CONDUCT OUR OWN INVESTIGATION, at this stage, to have you released on "release on own recognizance" (ROR). We will speak with family, friends and witnesses to confirm your version of the incident; speak to the prosecutor to negotiate bail and apply the most effective courtroom strategy to effect the most favorable bail. In addition, WE WILL REVIEW THE COMPLAINT for technicalities in an effort to facilitate a dismissal or reduction of charges.

Grand Jury - Although it is only felonies that proceed to the grand jury, not all of them actually make it to this stage. Some are resolved by plea bargain, reduced to misdemeanor or dismissed. Grand juries is a panel of 24 local citizens ( who are selected the same way jurors are), who hear evidence and decide if the evidence provided by the prosecutor warrants a felony "indictment". If the Grand Jury decides that the evidence does not warrant an indictment (which is rare because it is very easy to indict an individual whether he/she is guilty or not), the case is dismissed. However, it may be reduced to a misdemeanor by the prosecutor if the crime meets the elements of a misdemeanor. The prosecutor presents witnesses, and other evidence, to the Grand Jury panel while following state procedural laws. The prosecutor must inform the defense attorney of the date and time (by written notice) of the Grand Jury empanelling, giving the defendant the opportunity to appear before the Grand Jury to tell his version. If the decision is to not testify before the Grand Jury, then the defendant nor his attorney will be permitted to attend when the prosecutor presents their case. WE MAKE A CASE BY CASE determination as to whether our client should testify before the Grand Jury. There can be unfavorable consequences to testifying before a Grand Jury, which include limits on plea bargains, restricting defenses that may be raised at trial (since your version of the incident given at the Grand Jury may not be changed later) and giving the prosecutor more information to use to strengthen its case.

Plea Bargain Discussion - Most criminal cases are resolved by plea bargains, some cases are even disposed of by a plea at the arraignment stage. Although plea bargains can occur at any stage of a criminal case. The prosecutor usually makes an "offer" based on several factors, such as the individual's background (including criminal history); the strengths and weaknesses of the case; the type of crime charged; the probability of valid legal defenses; and at times even the background of the alleged victim. WE MAKE EVERY EFFORT TO FACILITATE A FAVORABLE PLEA BARGAIN. We understand that pleas may affect your employment, your social status and more importantly your family, so we only negotiate pleas that are in your best interest.

Discovery & Motions - If there is no resolution, by plea or otherwise, the prosecutor must turn over its evidence and defense counsel must file motions. Motions are formal, written requests made to the Judge for specific relief. The relief can be for more evidence, hearings to determine if any constitutional rights have been violated (which sometimes warrants dismissal of the case) and/or dismissals of charges based on other illegalities (i.e. insufficiency of the Grand Jury procedure). The prosecutor will respond to the motions and the Judge renders his/her decision. WE FILE MOTIONS PROMPTLY & EFFICIENTLY, persistently demanding that all evidence be turned over while also being sure to include the most recent case law to support any other position.

Pre-trial Hearings - If there are questions as to whether or not an individual's constitutional rights were violated, then hearings will be granted. The most common hearings are: the "Mapp" hearing-to determines whether the means by which the police obtained physical evidence was legal. The "Wade" hearing-to determines the fairness of an identification made. The "Huntley" hearing-to determines whether statements made by the individual were not given in illegal circumstances. The hearings have a limited purpose of establishing the legality or constitutionality of procedures surrounding the arrest. The prosecutor will present the arresting and/or the investigating police officer(s) as a witness to testify about the circumstances surrounding the arrest. Since the purpose is limited, rarely does the individual charged testify at the hearing. There are some advantages of the hearing, one is that it allows the defense attorney to question the officer and therefore "locks in" the officer's version of facts about the case. Another major advantage is that the testimony usually elicits additional information that may be used to strengthen the defense's case. WE EMPLOY EVERY TACTIC to get evidence "suppressed" or not admitted based on its illegality. Although evidence is rarely suppressed we proceed with the hearing as if any time may be the first time it will be suppressed.

Trial - If the case reached this stage that usually means that plea bargains have failed. This phase of the case is the most stressful and the most time consuming. Before the trial some procedural things must take place. The attorneys typically try to get the judge to either limit or permit certain evidence to be used. The Sandoval hearing occurs, which is a hearing held to determine if and to what extent, the prosecutor may ask the defendant about his prior criminal arrests. Once the preliminary issues are addressed, a group of potential jurors are brought into the courtroom for the attorneys to select the ones that will hear the particular case. The judge usually does a preliminary questioning, then the prosecutor asks questions, followed by the defense attorney. Each attorney gets to exercise "challenges", peremptory challenges (referred to as "no cause") are determined by the crime charged while the number of for cause challenges are unlimited. However, for cause challenges must be ruled on by the judge. Once a jury is selected, a group of 12 and 2-4 alternates, the prosecutor gives their opening statement, and then the defense gives theirs. The prosecutor presents its case, which usually consists of police officers, experts, physical evidence and the victim(s). The defense cross examines witnesses, with the primary objective being to "impeach" or question the witnesses' credibility. The defense then presents their case, which may consist of no witnesses since they don't have to because the prosecutor is the one with the burden of proof. If the defense does present a case, it usually consists of reputation and/or alibi witnesses, its own experts and sometimes the accused. The prosecutor then gets its chance to cross examine defense witnesses. Once both sides have "rested" or completed their case, they each do closing statements, this time the defense goes first. Then the jury is "charged" or read the general principles of law (i.e. the proof beyond a reasonable doubt standard) and the specific law relating the charges. The jury then "gets the case" and deliberates. At this point, the jurors are in a separate room to discuss the case and whether they believe a verdict of "not guilty" or "guilty" should be rendered. The jurors must unanimously agree on either, and if they are not able to by a set time, a "hung" jury finding may be rendered by the court. A hung jury does not mean the defendant is "acquitted" it just means that the jurors could not agree and the prosecutor is free to re-try the case.

Sentencing - If there is a conviction after plea or trial, the New York state sentencing guidelines sets forth the terms of imprisonment (and whether no jail) the Judge can impose. The guidelines allows for the minimum range up to a maximum range, takes into account if the crime is violent or non-violent and whether the convicted has a criminal history for violent or non-violent. The guidelines are:

• B Violent - 5  to 25 years (with prior convictions 8 - 10 to 25 years)


• B Non-violent - 1 - 3 to 8¹⁄₃ - 25 years (prior convictions 4½ - 9 to 12½ - 25 years)


• C Violent - 3½ to 15 years (prior convictions 5 - 7 to 15 years)


• C Non-violent - no jail to 5 - 15 years (prior convictions 3 - 6 to 7½ - 15 years)


• D Violent - 2 to 7 years (prior convictions 3 - 5 to 7 years)


• D Non-violent - no jail to 2¹⁄₃ to 7 years (prior convictions 2 - 4 to 3½ - 7)


• E Violent - 1 ½ to 1¹⁄₃ - 4 years (prior convictions 2 - 3 to 4 years)


• E Non-violent - no jail to 1¹⁄₃ - 4 years (prior convictions 1½ - 3 to 2 - 4 years)

Types of Felony Crimes:

Assault - is when one intentionally causes physical injury with a weapon or serious physical injury to another. Assault is classified as aggravated assault, gang assault, vehicular assault, assault on a peace/police officer and reckless assault on a child by daycare provider. Depending on which of these is the crime charged, assault may be "E", "D", "C" or "B" felony. It is the use of a weapon or the serious physical injury that elevates the assault from misdemeanor to a felony.

Larceny (Grand)/ Theft - is when one with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner and the value of the items taken or misappropriated is over $1000 to over one million dollars. Larceny may be an "E", "D", "C" or "B" felony depending on its value. Theft is when the value of the item or service misappropriated exceeds $1000 or the individual has a prior conviction for the same crime within the past 5 years, the crime may be an "E", "D", "C" or "B" felony depending on the value. It is the value of the item that elevates the larceny/theft from a misdemeanor to a felony.

Forgery - is when one, with intent to defraud, deceive or injure another, falsely makes, completes or alters a written instrument, particularly such documents as deeds, birth certificates, licenses, etc. The type of document falsified classifies the crime as an "E", "D" or "C" felony. The type of document falsified determines the classification of the crime, i.e. falsifying bank instruments or currency is more serious than falsifying a deed. It is the type of document that also elevates forgery from a misdemeanor to a felony.

Trespass - is when one knowingly enters or remains unlawfully in or upon premises or real property. If the individual has or is accompanied by someone who has a deadly weapon or explosive device then the crime is a "D" felony. It is the presence of a deadly weapon or explosive device that elevates trespass from a misdemeanor to a felony.

Burglary - is when one knowingly enters or remains unlawfully in or upon premises or real property with the intent to commit a crime. Burglary may be a "D", "C" or "B" felony if, in addition to the unlawful entry, the individual is armed; causes physical injury to another other than a participant, shows, uses or threatens to use a weapon and/or the premises is a dwelling. It is the intent to commit a crime that elevates trespass to burglary, there is no misdemeanor burglary in New York.

Robbery - is when one forcibly steals property. Simple Robbery is a "D" felony, which is when physical injury is inflicted on another. If the individual is accompanied by others or a firearm is displayed, then it may be a "C" or "B" violent felony. If serious physical injury is inflicted on another by use of a firearm, the crime is a "B" violent felony.

Weapons Possession - Possession of a weapon with prior conviction of a crime, possession of a loaded firearm outside of home or place of business or criminal use of a firearm may be a "D", "C" or "B" felony depending on where it was possessed, if it were loaded or defaced, and if it was actually used in commission of a crime. Weapons Possession may also be considered a "violent" felony if

Drug Possession - is when an individual knowingly and unlawfully possesses a controlled substance, which includes drug preparations (or ingredients) and paraphernalia. The weight (which differs for type of drug or paraphernalia), intention of its use (to sell or distribute) and sometimes the type of drug classifies the crime as either a "E", "D", "C", "B" or the most serious are "A-II" or "A-I" felonies. Criminal possession or sale may be an "E", "D", "C", "B" or "A" felony. Sometimes intent is inferred by the quantity possessed. There is a presumption of possession on all individuals in a room, building, car, etc.

Driving While Intoxicated - Although most DWI's are misdemeanors, if it is the second time charged with a DWI misdemeanor within ten years of a conviction for a prior DWI, it is a Felony.

Contact our office to represent you at any point of your criminal case. We will appear at any time of day or week to represent you in your criminal case.

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