Can You Be Denied Bail for Violent Felonies in New York?

By max@dotcomlawyermarketing.com
July 8, 2024
7 min read
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Can You Be Denied Bail for Violent Felonies in New York?

ATTENTION: If you or a loved one has been charged with a violent felony in New York, you're probably feeling overwhelmed and scared right now. We get it. The prospect of being denied bail and stuck behind bars is terrifying. But don't panic - we're here to help guide you through this.At Spodek Law Group, we've helped countless clients navigate the complex bail system in New York. With our decades of experience, we know the ins and outs of bail hearings and can fight to get you or your loved one released. Don't face this alone - give us a call at 212-300-5196 for a free consultation.

Understanding Bail for Violent Felonies in New York

Let's cut to the chase - yes, you can potentially be denied bail for violent felonies in New York. But it's not automatic or guaranteed. There are a lot of factors at play.Here's the deal: New York overhauled its bail laws in 2019, eliminating cash bail for most misdemeanors and nonviolent felonies. But for violent felonies, judges still have discretion to set bail or remand defendants to jail.The key is that bail decisions are made on a case-by-case basis. Just because you're charged with a violent felony doesn't mean you'll automatically be denied bail. But you're definitely at higher risk.Some of the factors a judge will consider include:
  • The specific charges and circumstances of the alleged crime
  • Your criminal history and record of court appearances
  • Your ties to the community
  • Your financial resources
  • Public safety concerns
So while bail is possible for violent felonies, you need an experienced attorney in your corner to argue for your release. That's where we come in.

What Qualifies as a Violent Felony in New York?

Now you might be wondering - what exactly counts as a "violent felony" when it comes to bail? Great question.New York law defines violent felonies in Penal Law § 70.02. Some common examples include:
  • Assault in the first or second degree
  • Burglary in the first or second degree
  • Robbery in the first or second degree
  • Manslaughter in the first degree
  • Rape in the first degree
  • Criminal possession of a weapon in the second degree
But there are many others. Here's a more comprehensive table of violent felony offenses in New York:
Offense Penal Law Section Felony Class
Attempted murder in the second degree 110/125.25 B violent
Assault in the first degree 120.10 B violent
Aggravated assault upon a police officer 120.11 B violent
Gang assault in the first degree 120.07 B violent
Strangulation in the first degree 121.13 C violent
Burglary in the first degree 140.30 B violent
Robbery in the first degree 160.15 B violent
Criminal possession of a weapon in the second degree 265.03 C violent
This isn't an exhaustive list, but it gives you an idea of the types of charges that can lead to bail being denied. If you're facing any of these charges, you need to take it seriously. Your freedom is on the line.

How We Fight for Your Release

Look, we know how scary it is to be facing violent felony charges. The thought of being stuck in jail without bail is enough to keep anyone up at night. But don't lose hope - we've got your back.At Spodek Law Group, we have a proven track record of getting our clients released on bail, even for serious violent felony charges. Here's how we do it:
  1. Thorough case analysis: We'll carefully review all the evidence and circumstances of your case to identify any weaknesses in the prosecution's arguments.
  2. Highlighting mitigating factors: We'll gather evidence of your ties to the community, employment, family obligations, and other factors that show you're not a flight risk.
  3. Proposing alternatives: If needed, we can suggest electronic monitoring, curfews, or other conditions to address the court's concerns.
  4. Negotiating with prosecutors: Sometimes we can work out an agreement for your release before the bail hearing even happens.
  5. Aggressive advocacy: At the bail hearing, we'll forcefully argue for your release, challenging any unsupported claims by the prosecution.
Remember, judges have discretion in these cases. With the right legal strategy, we may be able to secure your release even if you're facing violent felony charges.

The Consequences of Being Denied Bail

Now, I don't want to sugarcoat things. If you are denied bail for a violent felony charge, the consequences can be severe. You could be looking at months or even years in jail while awaiting trial.Being locked up pretrial can have devastating effects:
  • Loss of employment
  • Strain on family relationships
  • Difficulty preparing your defense
  • Increased pressure to take a plea deal
That's why it's crucial to have an experienced attorney fighting for your release from day one. The stakes are simply too high to go it alone.

Why Choose Spodek Law Group?

Listen, when you're facing violent felony charges in New York, you can't afford to mess around. You need a law firm with the experience, resources, and aggressive advocacy to give you the best shot at freedom.That's exactly what you get with Spodek Law Group. Here's why we're the right choice:
  • Decades of experience: We've been handling complex criminal cases in New York for over 50 years. We know the courts, the judges, and how to navigate the system.
  • Track record of success: We've secured bail for countless clients facing serious violent felony charges. We know what it takes to win.
  • 24/7 availability: Legal emergencies don't just happen during business hours. We're here for you around the clock.
  • Personalized attention: You're not just a case number to us. We'll take the time to understand your unique situation and craft a tailored defense strategy.
  • Aggressive advocacy: We don't back down from a fight. We'll go toe-to-toe with prosecutors to protect your rights and freedom.
Don't just take our word for it. Here's what one of our clients, John D., had to say:"I was facing serious felony charges and thought I'd be stuck in jail. But Spodek Law Group fought hard and got me released on bail. I can't thank them enough for giving me a chance to fight my case from the outside."

What to Do If You're Facing Violent Felony Charges

If you or a loved one has been charged with a violent felony in New York, time is of the essence. Here are the steps you need to take right now:
  1. Stay calm: Panicking won't help. Take a deep breath and focus on taking action.
  2. Exercise your right to remain silent: Don't talk to the police or anyone else about your case without an attorney present.
  3. Contact an experienced criminal defense attorney: This is the most important step. The sooner you have legal representation, the better your chances of securing bail.
  4. Gather information: Start collecting details about your ties to the community, employment, and other factors that could support your release.
  5. Prepare for the bail hearing: Work closely with your attorney to develop the strongest possible case for your release.
Remember, the decisions made in the early stages of your case can have a huge impact on the outcome. Don't wait to get help.

Get the Legal Help You Need Today

Look, we know you're going through a tough time right now. Being charged with a violent felony is scary, and the thought of being denied bail is even scarier. But you don't have to face this alone.At Spodek Law Group, we're here to fight for you every step of the way. From securing your release on bail to building a strong defense for trial, we've got your back.Don't let another day go by without getting the legal help you need. Call us now at 212-300-5196 for a free consultation. We're available 24/7 to take your call.Remember, your freedom is on the line. Make the smart choice and put our experience and aggressive advocacy to work for you. Together, we can fight these charges and work towards the best possible outcome for your case.Don't wait - call Spodek Law Group at 212-300-5196 now. Your future depends on it.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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