Violent Crime Defense in New York

New York divides felonies into five main classes, from most to least serious. Not all crimes involving force are classified as “violent felonies,” and some offenses may be considered violent even if no physical harm occurred. The classification impacts sentencing, with violent felonies carrying longer mandatory minimum sentences and fewer options for parole.

Class A

• Most serious (e.g., murder, kidnapping, some major drug offenses).
  • Class A-1 drug felonies in New York usually involve criminal possession or sale of a controlled substance. 
• Some Class A felonies are violent, such as murder, while others (mainly drug offenses) are not.

Class B

• Serious offenses (e.g., first-degree assault, first-degree robbery, rape).
• Many Class B incidents are classified as violent felonies under NY Penal Law, Section 70.02.

Class C

• Includes crimes like aggravated sexual abuse and burglary in the second degree.
• Certain crimes in this class are violent felonies.

Class D

• Less severe but still serious (e.g., reckless assault of a child).
• Some are violent felonies, depending on the offense.

Class E

• Least severe felony class (e.g., criminal possession of a weapon, certain types of assault).
• Some Class E felonies are violent, as defined by law.

New Jersey does not use the term “felony.” Instead, serious crimes are called indictable offenses and are divided into four degrees. Violent crimes in New Jersey are typically charged as first or second-degree indictable offenses. These include offenses like murder, manslaughter, aggravated assault, armed robbery, and aggravated sexual assault. Convictions for violent crimes often result in mandatory minimum sentences and limited parole eligibility under laws like the No Early Release Act (NERA).

First Degree 

• Most serious (e.g., murder, aggravated sexual assault, armed robbery, kidnapping).
  • There are also first degree indictable offenses for drugs in NJ. These often involve distribution of high quantities or charges related to certain controlled substances.
• Most first-degree crimes are considered violent.

Second Degree

• Serious (e.g., aggravated assault, sexual assault, robbery).
• Many are violent, especially those involving harm or threat.

Third Degree

• Less severe (e.g., burglary, certain drug offenses, theft over $500).
• Some may be violent, such as aggravated assault, but most are non-violent.

Fourth Degree

• Least severe indictable offenses (e.g., certain weapons offenses, stalking).
• Rarely violent, but it is possible depending on the facts.

Violent crimes are often referred to as “offenses against the person” because they directly target an individual’s physical safety or well-being. These offenses involve the use, attempted use, or threatened use of physical force against another person, rather than property or society at large. Common examples include assault, robbery, sexual assault, kidnapping, and homicide. The defining characteristic is that the victim is always a person who suffers or is threatened with physical harm, injury, or trauma as a result of the crime.

This terminology distinguishes violent crimes from offenses against property (like theft or burglary) or offenses against public order. In both New York and New Jersey, the legal system uses this classification to emphasize the seriousness of crimes that endanger individuals, often resulting in harsher penalties and legal consequences. At the Gallucci Law Firm, we understand the gravity of these charges and the impact they can have on your life, which is why we are proud to provide experienced legal representation to those who need it.

Violent felony charges in both New York and New Jersey are extremely serious, but there are circumstances in which these charges can be dropped or reduced. The process and likelihood depend on the facts of the case, the strength of the evidence, the defendant’s criminal history, and the skill of your legal representation.

In New York, a violent felony may be reduced to a non-violent felony or even a misdemeanor through plea bargaining, especially if there are mitigating circumstances or weaknesses in the prosecution’s case. However, violent felonies are subject to strict sentencing laws, and prosecutors are often less willing to negotiate. Charges can also be dismissed if evidence is insufficient, if there are procedural errors, or if key witnesses are unavailable.

In New Jersey, violent crimes are generally not eligible for diversionary programs like Conditional Dismissal or Pre-Trial Intervention, which are reserved for non-violent or less serious offenses. However, charges can be reduced or dismissed if the defense can challenge the evidence, negotiate a plea, or demonstrate mitigating factors. Prosecutors and courts consider the nature of the offense and the facts of the case when deciding whether to allow a reduction or dismissal.

In New York, first-time violent felony offenders face a mandatory determinate sentence, which is a fixed prison term set by the judge within statutory ranges. For example, a first-time conviction for a Class B violent felony carries a minimum of 5 years and a maximum of 25 years in prison; for Class C, it’s 3½ to 15 years; for Class D, 2 to 7 years; and for Class E, 1½ to 4 years. First-time offenders may also be eligible for certain alternative sentencing options, especially for lower-level felonies.

If you have a prior felony conviction, especially for a violent felony, you are considered a “predicate felon.” Predicate violent felony offenders face increased mandatory minimum sentences. For example, a second-time violent felony conviction for a Class B felony raises the minimum sentence to 10 years, and for Class C, to 7 years. Persistent violent felony offenders face even harsher penalties, often including life imprisonment.

In New Jersey, prior felony convictions also increase penalties for violent crimes. First-time offenders typically face the statutory sentencing range for the degree of the offense. Repeat offenders, especially those with prior convictions for violent crimes, are subject to enhanced sentencing under New Jersey’s repeat offender statutes, which can include longer prison terms and mandatory periods of parole ineligibility.

In both states, the presence of prior violent felony convictions limits judicial discretion and eligibility for parole or alternative sentencing, resulting in significantly longer and more severe penalties than those imposed on first-time offenders

A “fixed” or “determinate” sentence for a violent felony is a prison term set for a specific, unchanging length of time. In New York, violent felony offenses, such as certain types of assault, robbery, rape, and weapons charges, require determinate sentences under the law. This means the judge imposes a set number of years (for example, 5, 10, or 15 years), and the individual must serve that entire period, minus any allowable time off for good behavior.

Determinate sentences are sometimes called “flat” sentences because they do not provide a minimum and maximum range (such as “2 to 6 years”). The exact length of a determinate sentence depends on the felony class and the specific offense. For example, a Class B violent felony in New York carries a determinate sentence of at least 5 years and up to 25 years. These sentencing rules are designed to ensure consistency and limit early release for violent felony offenders.

In New Jersey, sentencing operates with some judicial discretion within statutory ranges based on the degree of the offense. New Jersey classifies serious crimes as indictable offenses in four degrees, with first and second-degree crimes typically involving violent felonies. For these offenses, judges impose a specific term of years within a range set by law, for example, 10 to 20 years for first-degree crimes and 5 to 10 years for second-degree crimes. While the sentence length is “fixed” by the court within these ranges, NJ does not have the same mandatory determinate sentencing structure as New York. Instead, judges consider various factors, including aggravating and mitigating circumstances, before setting the term.

Neither New York nor New Jersey currently has the death penalty for violent felonies. While federal law still allows for the death penalty in certain federal cases, this does not apply to state-level violent felonies prosecuted under New York or New Jersey law.

In New York, the death penalty was declared unconstitutional by the state’s highest court in 2004 and has not been used since then. The state now uses sentences such as life imprisonment without the possibility of parole for the most serious violent felonies. Legislative attempts to reinstate the death penalty have not succeeded, and there is no active statute allowing capital punishment in New York. In New Jersey, the death penalty was abolished in 2007, and all death sentences were commuted to life imprisonment. As a result, even the most serious violent felonies, including murder, are punishable by life imprisonment rather than execution.

If you are facing charges for a violent felony in New York or New Jersey, hiring an experienced criminal defense lawyer is critical for protecting your rights, freedom, and future. Violent felony charges carry some of the harshest penalties under the law, including lengthy prison sentences and lasting consequences for your record and reputation.

Given the stakes involved, attempting to handle violent felony charges without a lawyer puts you at serious risk of severe penalties. An experienced defense attorney like Mario Gallucci will give you the best chance for a favorable outcome. As part of your defense team, a skilled lawyer can:

• Evaluate the evidence against you and identify weaknesses or violations of your rights.
• Develop a strong defense strategy tailored to the facts of your case, which may include challenging witness credibility, suppressing unlawfully obtained evidence, or presenting alternative explanations for the alleged conduct.
• Negotiate with prosecutors for reduced charges, lighter sentences, or even dismissal, especially if the evidence is weak or there are mitigating circumstances.
• Guide you through the complex legal process, ensuring you meet all deadlines and understand your options at every stage.
• Protect your constitutional rights and advocate for you in court, from arraignment through trial and, if necessary, appeal.

Your attorney will determine the best defense strategy for your violent felony case by conducting a thorough, individualized analysis of every aspect of your situation. This process begins with a detailed review of the charges, the prosecution’s evidence, and your own account of the events. Your lawyer will assess the credibility of witnesses, examine police reports and forensic evidence, and look for any procedural errors or violations of your rights. Key factors include:

• The specific facts of your case and the nature of the alleged offense.
• The strengths and weaknesses of the prosecution’s evidence.
• Your background, prior criminal history, and personal circumstances.
• The availability of supporting evidence, such as alibi witnesses, surveillance footage, or expert testimony.
• Applicable state and federal laws, as well as relevant legal precedents.

Based on this analysis, your attorney may pursue strategies such as challenging the validity of evidence, asserting self-defense, demonstrating lack of intent, or negotiating for a reduction or dismissal of charges. Every defense is tailored to the unique details of your case, maximizing the chances of a favorable outcome. If you are facing violent felony charges, The Gallucci Law Firm has the experience needed to build the strongest possible defense on your behalf. Please contact us to schedule a free consultation today.