Violent Crime Defense in New York

As the name suggests, non-violent felonies refer to offenses that do not involve the use or threat of any force. These crimes do not normally result in injury to another person, which is why they are often considered to be “victimless crimes.” Although they do not involve violence, these crimes are still felonies, which makes them very serious. Even if a person does not suffer physical harm, non-violent felonies are often weighed by the economic or financial losses suffered by the victim. This would come as a result of crimes such as white-collar crime, property crime, or drug and alcohol crimes. If the crime started as non-violent and resulted in physical injury, or if a weapon was used, the charge would be changed to a violent felony. 

Since felonies are the most severe type of crime, violent felonies carry more significant penalties than other types of crimes. Felonies are known to be punishable by at least one year in state or federal prison. Penalties depend on the outcome of the trial as well as the severity of the crime that was committed (including any aggravating factors that were present) and can include incarceration, fines, restitution, or probation. The aim of hiring a confident and experienced criminal defense attorney is to achieve the lightest sentence and penalty possible based on a well-crafted defense. 

Since violent felonies carry a serious prison sentence, you have to be prepared to give your best defense. The most common defense is self-defense. Self-defense is defined as “the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor.” Other common defenses against a violent felony charge include:

• Accidents or Mistakes
• Misidentification
• Provocation
• Consent
• Insanity or Diminished Capacity
• Having an Alibi

Violent felonies are usually combined with other serious charges, such as theft, so your lawyer needs to argue for the best defense suited to your unique case and the circumstances that surrounded the incident. Your lawyer will usually have to conduct numerous in-depth interviews and research to explore every aspect of your defense and anticipate the prosecution’s questions. It is important to choose the proper defense because certain defenses (such as intoxication) may lower the original sentence but still be added to the record.

Learn more from The Gallucci Law Firm about criminal defense and what it takes to craft an expert strategy for each case we tackle in NY and NJ.

Mario Gallucci of The Gallucci Law Firm has over 30 years of experience defending clients that have been accused of violent felonies. We specialize in a variety of criminal defense techniques and procedures to devise the right defense for your case. Mario Gallucci is a member of the New York State Defenders Association, the National Association of Criminal Defense Attorneys, the NYC Association of Criminal Defense Attorneys, and the Staten Island Trial Lawyers Association. He has been a trusted defense for many years and has fought for several high-profile cases in the tri-state area. We’ll help you understand what to expect from the legal process and stand by your side from the moment you step inside the courtroom. If you have been charged with a violent felony or another criminal offense, please contact our Staten Island office to schedule a legal consultation today.

Mario Gallucci proudly provides expert legal assistance to those throughout New York and New Jersey.