New York State Criminal Defense

Misdemeanor and felony charges in New York courts

Criminal defense in Brooklyn and across New York City

Most criminal cases in New York are prosecuted by a District Attorney in state court. Misdemeanors are usually heard in the Criminal Court of the City of New York, and indicted felonies in the Supreme Court of the county where the case arose. We represent clients in Kings, Queens, New York, Bronx and Richmond counties and in the surrounding counties.

From the first court date, we focus on three things: your liberty, your record and — if you are not a U.S. citizen — your immigration status.

Charges we defend

• Assault and harassment
• Domestic violence cases and orders of protection
• Drug possession and sale (Penal Law Article 220)
• Weapons possession (Penal Law Article 265)
• Larceny, robbery and burglary
• Fraud, forgery and identity theft
• Driving while intoxicated or impaired (Vehicle and Traffic Law § 1192) and aggravated unlicensed operation
• Shoplifting and petit larceny
• Criminal mischief, trespass and other misdemeanors

The stages of a New York criminal case

Arrest, desk appearance tickets and arraignment

After an arrest you will be brought before a judge for arraignment, or you may be given a desk appearance ticket with a later court date. At arraignment the charges are read and the court sets release conditions. Under New York's bail laws, many misdemeanors and non-violent felonies do not qualify for money bail while other offenses do, so the arguments made at arraignment can matter a great deal.

Discovery

New York's discovery law (Criminal Procedure Law Article 245) requires prosecutors to turn over police reports, witness information, body-camera footage and other materials on strict timelines. We review that material closely for weaknesses in the case and for violations that can affect it.

Grand jury

A felony charge generally must be presented to a grand jury. You have the right to testify before the grand jury (CPL 190.50) — a decision with real risks that should only be made with counsel.

Speedy trial

Under CPL 30.30, the prosecution must be ready for trial within set periods — generally six months for felonies and 90 days for class A misdemeanors — not counting certain excludable delays. When the People are not ready in time, the charges can be dismissed.

Suppression hearings and motions

If police stopped, searched, questioned or identified you unlawfully, the evidence may be suppressed. These challenges are litigated at hearings commonly called Mapp (physical evidence), Huntley (statements), Dunaway (probable cause) and Wade (identification) hearings.

Resolutions, trial and sentencing

Many cases can be resolved without a criminal conviction — through an adjournment in contemplation of dismissal (ACD), a reduction to a non-criminal violation, or, for eligible young people, youthful offender treatment. When a fair resolution is not offered, we prepare the case for trial.

If you are not a U.S. citizen

Even a minor plea can trigger deportation, make you ineligible for a green card or citizenship, or lead to immigration detention. New York judges must warn noncitizen defendants that a guilty plea may result in deportation, but that warning is not a substitute for advice about your specific case. Our crimmigration practice analyzes those consequences before you decide how to resolve your case.

Already convicted?

A conviction may still be challenged or its impact reduced. See CPL 440.10 motions to vacate, criminal appeals and record sealing and the Clean Slate Act.

Frequently asked questions