Blog
How Criminal Lawyers Defend Clients Accused of Violent Crimes in NYC
Contents
How Criminal Lawyers Defend Clients Accused of Violent Crimes in NYC
In New York City, some of the most common violent crimes charged include:
- Murder, homicide, manslaughter
- Rape, sexual assault
- Robbery, burglary
- Kidnapping
- Arson
- Assault and battery
- Domestic violence
- Gang-related violence
The criminal justice system can seem stacked against defendants, but skilled NYC defense attorneys use a variety of strategies to get charges reduced or dismissed for clients facing violent crime allegations. Here is an overview of how top criminal lawyers defend clients accused of violent felonies in New York City:
Identifying Improper Police Conduct
Aggressive NYC defense attorneys scrutinize the actions of police and investigators involved in violent crime cases. If improper procedures were followed during the arrest, searches, interrogations, or evidence gathering, the lawyer can file a motion to suppress that evidence.
Fruit of the poisonous tree and exclusionary rule motions can get key evidence barred from trial if procedural safeguards were violated. This often leads prosecutors to reduce or drop charges rather than move forward with a weak case.
Examining Mitigating Factors
If prosecutors won’t dismiss or reduce charges, criminal defense lawyers fighting violent crime allegations also present mitigating evidence at sentencing. Mitigating factors don’t excuse criminal liability but instead aim to show the court that leniency is warranted given the defendant’s circumstances.
Mitigating evidence may include:
- Minimal criminal history
- Positive character references
- Mental health issues
- Disadvantaged upbringing
- Provocation by the victim
- Remorse and cooperation
Effective advocates humanize their client and provide context about their background so the judge sees more than just the crime itself at sentencing.
Seeking Bail or Bond
After arrest for a violent offense, the defense lawyer’s first goal is usually getting the defendant released on bail or bond pending trial. New York sets high bail amounts for violent crimes, so lawyers argue for bail reductions by presenting:
- Evidence of employment/family ties to the community indicating the defendant is not a flight risk
- Third-party custodians who will ensure the defendant’s good behavior and appearance at trial
- Reminders that the defendant is presumed innocent and should not be punished preemptively through unaffordable bail
Taking Cases to Trial When Necessary
While plea deals are common, defense lawyers still take violent crime cases to trial in certain circumstances. In a trial setting, they can more fully argue weaknesses in the prosecution’s physical evidence, question witnesses about inconsistencies, and present affirmative defenses.
Skilled NYC violent crime lawyers have experience selecting impartial juries, giving persuasive opening and closing arguments, effectively cross-examining witnesses, and otherwise defending clients before judges and juries.
Violent crimes carry severe penalties and stigma, but experienced criminal defense attorneys fiercely advocate for the accused every step of the way. With an aggressive lawyer negotiating for them, examining the evidence closely, raising defenses, and taking cases to trial when needed, many clients accused of violent felonies are able to get charges significantly reduced or dismissed.
The criminal justice system is complex, but seasoned NYC defense lawyers know how to navigate it and protect the rights of clients facing violent allegations involving assault, sex crimes, robbery, and more. Quality legal representation makes a huge difference, both in the outcome of the case and the defendant’s overall experience with the justice system.
Finding the Right Criminal Defense Attorney
When looking for a lawyer to defend against violent crime charges in New York City, there are several key credentials to seek out:
- Specialization in criminal law – You want an attorney focused solely on criminal defense, not a general practitioner.
- Decades of experience – Look for 10+ years handling specifically violent crime cases. Past experience as a prosecutor can also be beneficial.
- Courtroom litigation expertise – Opt for a lawyer with a proven record of getting violent charges dismissed pre-trial or acquitted at trial, not just settling for plea deals.
- Resources to conduct in-depth investigations – The lawyer should have connections to private investigators, forensic specialists, and other professionals to examine the evidence and build a strong defense.
- Appellate experience – For violent convictions, you want a lawyer who can identify avenues for appeals and work to get verdicts overturned when possible.
- Accessibility and engagement – The lawyer should be available to talk frequently, explain legal options in a transparent way, and actively involve clients in building their defense strategy.
- Affordability – Rates should be reasonable and flexible payment plans available, as legal costs for defending violent crimes often total tens of thousands of dollars or more.
Violent crime charges in NYC can carry massive penalties, but an experienced criminal defense lawyer can make the difference between prison time and dismissed charges. Do your research to find an attorney with the skills and record to build the strongest case for your innocence or mitigation.