Understanding Violent Felony Offender Laws in Brooklyn

Understanding Violent Felony Offender Laws in Brooklyn

In Brooklyn, violent felony offenders face strict sentencing laws and penalties. A violent felony is defined as a serious crime that involves the use or threat of physical force. Some common violent felonies in Brooklyn include murder, manslaughter, rape, robbery, kidnapping, and assault.

Key Things to Know

Here are some key things to understand about violent felony offender laws in Brooklyn:

• Mandatory minimum sentences – Many violent felonies carry mandatory minimum prison sentences if convicted. For example, first degree robbery has a mandatory minimum sentence of 5 years in prison. Judges have less flexibility to go below these mandatory minimums.
• Sentence enhancements – If you have a prior violent felony conviction, the mandatory minimum sentence for a new violent felony conviction will be significantly higher. This is known as a “sentence enhancement.” For example, a second violent felony conviction can double the mandatory minimum sentence.
• Violent Felony Offender Registry – Those convicted of violent felonies may be required to register on New York’s Violent Felony Offender Registry. This brings additional restrictions and monitoring after release from prison.
• Three strikes laws – Under New York’s “three strikes laws,” a third violent felony conviction leads to a mandatory life sentence in prison with no chance of parole for 25 years. Very few other states have such strict three strikes laws.

Common Violent Felonies

Some of the most common violent felony charges in Brooklyn include:

• Murder / Manslaughter – Homicide charges are aggressively prosecuted in Brooklyn. Even manslaughter, which involves an unintentional killing, is charged as a violent Class B felony with up to 25 years in prison.
• Assault – Assault charges also have mandatory minimum sentences attached depending on severity. For example, first degree assault (intentionally causing serious physical injury) has a mandatory minimum sentence of 5 years in prison.
• Robbery / Burglary – Robbery involves theft by force or threat of force. Like assault, robbery charges have mandatory minimums based on severity, ranging from 2-25 years in prison. Burglary charges are also common and strict.
• Rape – Rape in the first degree (involving sexual intercourse by forcible compulsion) carries up to 25 years in prison. Other forms of sexual assault are charged as violent felonies as well.
• Kidnapping – First degree kidnapping involves abducting a person through force, threat of force, or deceit. It carries up to 25 years in prison.

Enhanced Penalties for Repeat Offenders

As mentioned earlier, repeat violent felony offenders face significantly stiffer penalties in Brooklyn due to New York’s strict sentence enhancement laws.

For example, a second violent felony conviction can double the mandatory minimum sentence you face. Here are some examples:

• First degree robbery – Minimum 5 years in prison. Second conviction = 10 year minimum
• First degree assault – Minimum 5 years in prison. Second conviction = 10 year minimum
• First degree rape – Minimum 5 years in prison. Second conviction = 10 year minimum

After a third violent felony conviction, offenders face mandatory life in prison with no chance of parole for 25 years under New York’s persistent violent felony offender laws.

Getting Legal Help

Due to the serious penalties for violent felony convictions in Brooklyn, having an experienced criminal defense attorney is critical. An attorney can evaluate the evidence against you, develop an aggressive legal defense, negotiate with prosecutors, and challenge unconstitutional elements of your arrest or conviction if necessary.

When facing violent felony charges, some of the most experienced defense attorneys in Brooklyn include:

• Brooklyn Defender Services – Publicly funded nonprofit handling many violent felony cases
• The Legal Aid Society – Handles serious felony cases for low income clients
• New York State Defenders Association – Statewide organization coordinating public defense
• Law Offices of Joel B. Rudin – High profile violent crimes defense lawyer

Navigating New York’s complex criminal justice system on violent felony charges is extremely difficult without an attorney. Public defender organizations or court appointed lawyers may be options if you cannot afford private counsel. But ultimately, experienced legal guidance can make all the difference in felony cases with severe sentencing consequences.

Resources

• New York Penal Code Sentencing Charts – Details on mandatory minimum sentences
• Violent Felony Offenses in New York – Definition of violent felonies
• Persistent Violent Felony Offender Laws – Details on NY “three strikes” laws
• Violent Felony Offender Registry – Information on offender monitoring program

I aimed to provide an overview of the key laws and penalties surrounding violent felony charges in Brooklyn, along with resources for further information. The tone is factual yet empathetic to the severity of these charges. Please let me know if you need any clarification or have additional questions!