Astoria Violent Crimes Lawyer

The term “violent crime” describes particular acts a person can commit and is an aggravating factor in some criminal activities. “Violent Crimes” are not specific charges, but are rather a classification of crimes that subject a person to enhanced penalties upon conviction.

As a result, people facing these allegations may be confused and frightened. They may wonder which charges are considered violent crimes and what will happen to them if they are convicted.

Mike Schillinger is an Astoria violent crimes lawyer who can answer these questions and work to help prevent a conviction. He is a diligent criminal defense attorney who can examine the prosecutor’s case, develop an effective defense strategy, and help you implement it in court.

The Definition of Violent Crime

A violent crime is any activity that may or does result in bodily injury to another person. The crime does not need to result in harm. For example, in a robbery, one person uses force to steal property from another. The use of force makes this a violent crime,  regardless of whether an actual injury was sustained.

New York State law creates four separate categories of violent crimes. A conviction under any of these classes results in a set range of penalties. These categories and their penalties are:

• Class B violent felonies New York Penal Code § 70.02 (1)(a): These are the most serious violent felonies. They are punishable by up to 5 years – 25 years in prison. Examples of these crimes include rape in the first degree, kidnapping in the second degree, and aggravated assault on a police officer
• Class C violent felonies New York Penal Code § 70.02(1)(b): These felonies carry prison terms of 3.5 years – 15 years for certain offenses. This category also applies to any attempt to commit a class B violent felony, in addition to the offenses of criminal use of a firearm in the second degree, robbery in the second degree, and gang assault in the second degree
• Class D violent felonies New York Penal Code § 70.02(1)(c): This includes any attempt to commit a class C violent felony as well as facilitating sexual assault with a controlled substance, criminal possession of a weapon in the third degree, and making a terroristic threat. A conviction of a class “D” violent felony could result in a prison term of 2 years – 7 years
• Class E violent felonies New York Penal Code § 70.02(1)(d): The minimum term here is 1 ½ years – 4 years. Examples here include persistent sexual abuse, aggravated sexual abuse in the fourth degree, and falsely reporting an incident in the second degree

A violent crimes lawyer in Astoria and Queens could make a case for a lesser charge or ask for a shorter sentence if a trial ends in a conviction. Experienced attorney Mike Schillinger is ready to take on your case.

Work with an Astoria Violent Crimes Lawyer for Legal Protection

Violent crimes do not need to result in physical harm; they only need to have the potential to do so. Allegations of violent crimes are always serious matters because a conviction results in your being labeled as a violent predicate felon and potentially sentenced to prison. With stakes this high, it is essential that people give themselves every advantage.

Mike Schillinger is a knowledgeable Astoria violent crimes lawyer who can fight for you by investigating the incident, negotiating a resolution with prosecutors, or developing a defense strategy to defeat the District Attorney’s case in court. Contact our office today to schedule a consultation.