Any accusation of criminal activity is a serious matter. However, state law makes some accusations much more severe than others because it designates certain criminal activity as violent crimes.
In general, a violent crime is any activity that has resulted in or is likely to result in, an injury to another person. This can be as straightforward as an assault or as complex as witness intimidation.
Violent crimes expose defendants to enhanced penalties with required mandatory minimum prison sentences. Because of this, people accused of violent crimes should take steps to protect themselves with assistance from a seasoned criminal defense attorney.
Mike Schillinger is an Islip violent crimes lawyer who works with clients to help them understand the law and how to fight against charges in criminal court.
When Does an Accusation Become a Violent Crime?
The concept of a violent crime is defined by statute. Article 70 of the New York Penal Code lists four classes of violent crimes, each with its own definitions and available penalties for conviction. The one common thread in each of these categories is that a conviction is a felony that carries a mandatory minimum prison sentence.
The least severe of these crimes are class E violent felonies. Under New York Penal Code § 70.02(1)(d), these include the offenses of criminal possession of a weapon in the third degree and aggravated sexual abuse in the fourth degree. The penalties here can range from a minimum prison sentence of one and a half years to a maximum sentence of four years.
The next level of violent crimes is class D felonies. According to New York Penal Code § 70.02(1)(c), this includes placing a false bomb or explosive device in a sports arena and intimidating a victim or witness in the second degree. Punishments carry a mandatory prison sentence of no less than two years, while the maximum penalty may be as many as seven years. A violent crimes lawyer in Islip could argue for the charges to be brought down to a misdemeanor.
Still more severe are allegations of class C violent felonies. This includes accusations of aggravated sexual abuse in the second degree and robbery in the second degree under New York Penal Code § 70.02(1)(b). The mandatory prison sentence for a conviction here is three and a half years, while the harshest punishment is fifteen years in prison.
Finally, the most severe allegations of violent crimes are class B felonies. According to New York Penal Code §70.02(1)(a), this can include gang assault in the first degree and arson in the second degree. A conviction here will result in a prison term of at least five years. In some cases, the sentence may rise as high as 25 years imprisonment.
It is clear why an accusation of a violent crime is a serious matter. A conviction for even a relatively minor example of these crimes is a felony that can result in a lengthy period of incarceration. People who are facing these accusations should take every step possible to protect themselves by working with a skilled criminal defense lawyer in Islip.
Call an Attorney in Islip When Facing Charges for Violent Crimes
Charges involving violent crimes require a person to defend themselves with power and diligence. Hiring an Islip violent crimes lawyer could provide the necessary defense for people looking to protect their freedoms. Michael Schillinger could work to protect your constitutional rights and give you the best possible chance at avoiding a conviction.
Convictions under the state’s violent crime laws are always felonies that carry serious prison sentences. You must get a head start to defeat the prosecutor’s case. Contact Mike Schillinger today to discuss your case.
N/a
