Violent crimes carry the most severe charges in New York, including the imposition of a life sentence without the possibility of parole. If you are facing a violent crime charge, are under investigation for a violent crime or believe the New York grand jury may be ready to issue an indictment against you for a violent crime, we encourage you to contact our office immediately for representation. As a New York defense attorney with over 27 years’ experience working violent crime cases, we can attest to the notion that the sooner an attorney is involved, the better.
Working With a New York Defense Attorney During the Investigation Stage
If you have not been placed under arrest or are merely a suspect of a violent crime, you may be thinking that you do not need a New York defense attorney quite yet. However, nothing could be further from the truth. In fact, law enforcement and prosecutors relish the notion of interrogating or questioning an unrepresented criminal suspect and will work overtime to elicit a confession or potentially incriminating evidence, regardless of whether the suspect actually committed the crime. To avoid this disastrous result, retain a New York defense attorney as soon as you learn you are on the government’s radar for a particular crime.
During the investigation stage, criminal procedure laws are of the utmost importance, including the Fourth, Fifth and Sixth Amendments to the U.S. Constitution. The police will have a hard time charging a suspect of a violent crime without adequate evidence, which is typically obtained by searching and seizing private property. As your New York defense attorney, our office will work hard to ensure all warrant protocols are followed and absolutely no member of New York’s law enforcement personnel enters your property without the proper documentation. Likewise, you can rest assured that you will not face police questioning or interrogation without representation.
Following the collection of evidence, law enforcement typically presents its case through a district attorney to a grand jury. At this stage, your New York defense attorney can enter exculpatory and mitigating evidence to help dissuade the grand jury of your likely involvement in a violent crime, often leading to a failure to return an indictment.
Protecting Your Rights During Preparation for Trial
If you are already facing a violent crimes charge, your New York defense attorney will make certain your rights are followed in the months leading up to your trial. In some cases, committing an injury can result in a personal injury lawyer being hired by the opposing party against you. We can help advise you on this as well. This includes monitoring your constitutional rights, filing dispositive motions, arguing to exclude improperly obtained evidence and ensuring you are treated properly if you are remanded in a New York jail while awaiting trial. Likewise, your New York defense attorney will work on your behalf to negotiate with the prosecutor to arrange a workable plea bargain if possible. If the district attorney’s office is not willing to negotiate a fair plea arrangement, your attorney will forge ahead toward a trial – gathering as much evidence and expert testimony as possible in your favor.
Enlisting Ironclad Defenses on Your Behalf
In the realm of violent crime, the range of available defenses is quite expansive, particularly if the state’s evidence is somewhat weak. Our office can help you with your defense regardless of the nature of your charge, including:
- Criminally negligent homicide
- Attempted murder
- Vehicular assault
- Gang assault
- Aggravated assault
- Reckless endangerment
- Unlawful imprisonment
- Custodial interference
At the heart of nearly all violent crimes is a mens rea requirement necessitating the need for the prosecution to show the defendant intended to commit the violent act in question. Accidents, negligence or involuntary actions will not suffice to satisfy the statutory requirements of most crimes, and the prosecution must unequivocally prove that the defendant intended to kill or injure the victim.
Justification is an affirmative defense that may apply in certain violent crime scenarios, including the assertion that the defendant acted in self-defense to secure his own life and safety. In order to successfully advance a claim of self-defense, your New York defense attorney must prove that the victim was actually the original aggressor, and the defendant acted in such a way to avoid the imminent risk of harm, serious bodily injury or death. This type of defense often requires eyewitness testimony or forensic reconstruction of the scene, all of which our office is exceptionally experienced in utilizing on behalf of our clients. According to fellow attorney Edmond El Dabe, you may be at risk of not only having criminal charges, but also, civil charges – filed against you. The person who was the victim can sue you, and will go after any insurance policy can be held responsible.
Use of Expert Testimony and Credible Witnesses
In addition to our superior knowledge of how to properly defend against violent crime charges, our office is accustomed to relying on the opinions of expert witnesses familiar with the particular factual scenario and underlying factors involved in the case. For instance, we routinely rely on the expert opinions of mental health professionals when advancing an “insanity” defense. We are keenly aware of the expert testimony often introduced by the prosecution, including that by:
- Medical examiners
- DNA experts
- Crime scene reconstructionists
- Mental health experts
- Fingerprint examiners
- Ballistics experts
- Forensic examiners
Not only is your New York criminal defense attorney ready to mount a defense on your behalf, but he will work overtime to discredit, exclude and impeach unreliable, biased and inflammatory testimony by the state’s witnesses.
Contact a New York Defense Attorney
If you are facing an investigation or charge of a violent crime under New York laws, you need to secure representation immediately. For help with your defense, we encourage you to contact our office for an appointment to review the facts of your case and the best course of action moving forward. For a New York defense attorney you can trust, call Frederick L. Sosinsky at (212) 285-2270 today.