Violent Crime
Defense Attorney
Queens, NY

Violent Crimes and Assault Charges defense lawyer
Queens, NY

A conviction for a violent crime in New York carries significant consequences, affecting your social, professional, and financial standing. This includes immediate penalties such as jail time and fines. Additionally, violent crime accusations can sometimes be unfounded, necessitating a robust legal defense to challenge the allegations and establish your innocence.

Therefore, engaging an experienced criminal defense attorney well-versed in defending against charges of violent crimes may be your strongest recourse to mitigate severe repercussions.

Contact the Law Office of Jeffrey D. Cohen if you are facing charges of a violent crime in any part of New York, including Queens, Brooklyn, Manhattan, and the Bronx. Jeffrey D. Cohen is highly experienced in defending against assault and violent crime allegations and is dedicated to vigorously challenging the charges against you.

Charged with a violent crime?

Jeffrey D. Cohen handles a wide range of violent crime cases, with a particular emphasis on felony assault, which can lead to severe sentencing if convicted. This may involve extended jail terms and substantial fines, underscoring the critical importance of retaining a skilled attorney to navigate these potential penalties.

He is also adept at representing individuals accused of misdemeanor assault.

While less severe than its felony counterpart, a misdemeanor assault charge can still have significant repercussions on your professional, social, and financial standing.

Additionally, Jeffrey D. Cohen provides legal counsel for cases involving kidnapping, an issue often fraught with political sensitivity and subjectivity in judgments. With an in-depth understanding of New York laws in this domain, he leverages this expertise to construct a robust defense tailored to your specific circumstances.

Assault Crime Statutes per New York Law 2023

First or Second Degree Felony Assault falls under New York Penal Law §§ 120.05 and 120.10. This type of assault involves intentionally or recklessly causing physical injury to another person. The severity of the offense varies, ranging from a class D to B violent felony, depending on factors such as weapon usage, victim’s age, location, offender’s age, injury extent, and the offender’s intent.

Reckless Assault of a Child pertains to cases where an individual 18 years or older recklessly inflicts serious brain injury upon a child below five years old by means of shaking, slamming, or impacting the child’s head against a solid surface or object.

Gang Assault charges can be categorized into First and Second Degrees, governed by New York Penal Law §§ 120.07 and 120.06, respectively. First Degree Gang Assault transpires when a person, aided by two or more individuals who are physically present, intentionally inflicts serious physical injury upon another person or a third party. In contrast, Second Degree Gang Assault necessitates physical injury, without the requirement of serious physical harm.

According to the law (Penal Law § 10.00[9]), ‘physical injury’ encompasses impairment of physical condition or substantial pain, while ‘serious physical injury’ (Penal Law § 10.00[10]) denotes physical harm that poses a significant risk of death, leads to death, or results in serious and prolonged disfigurement. Notably, Gang Assault in the First and Second Degrees are classified as class B and C violent felonies, respectively.

Assault in the Third Degree, as outlined in New York Penal Law § 120.00, is deemed a class A misdemeanor. This charge arises when an individual intentionally, recklessly, or negligently causes physical injury to another person using a deadly weapon or dangerous instrument. Typically, Assault in the Third Degree is invoked in scenarios like fistfights or domestic disputes.

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Advice On A Full Range Of Violent Crime Matters

In the state of New York, a violent felony is defined as “any crime punishable by imprisonment for a term exceeding one year . . .  that (i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” United States v. Thrower, 2009 U.S. App. LEXIS 22484, 4-5 (2d Cir. N.Y. Oct. 14, 2009).

New York State takes violent crimes particularly seriously and imposes some of the harshest punishments in the Penal Law.  Many of these offenses not only require a mandatory term of imprisonment, but a term of post release supervision or parole. If you or a loved one has been charged with a crime call Jeffrey Cohen at 718-275-5900 with over 23 years experience in Queens, Manhattan, Bronx, Brooklyn, Nassau and Suffolk Counties.

New York separates Violent Felonies into five different categories depending on their severity.  The following is a description of the penalties with regards to Violent Crimes in the State of New York:

Offense Sentence
‘A’ Violent Felony Life, 20-25 years imprisonment
‘B’ Violent Felony 5-25 years imprisonment
‘C’ Violent Felony 3 1/2 to 15 years imprisonment
‘D’ Violent Felony 2-7 years imprisonment
‘E’ Violent Felony No Jail, Probation, 1 1/2 to 4 years

The State of New York law also allows for a sentence of life imprisonment without the possibility of parole.

The above violent felony sentencing chart is a general sentence classification and does not account any additional factors involved in sentencing. Judges also take into consideration: Prior Convictions, Non-Violent Predicate, Violent Predicate, Persistent Felony Offender, Juvenile Offender, Youthful Offender and many others. for prior criminal history. An individual with prior felony convictions is treated with an increased minimum and maximum sentence.

The following is a description of each violent felony in New York along with the Penal Law section, which defines the elements of each crime. Click on the appropriate Penal Law Section to read the specifics of each offense.

CLASS B VIOLENT FELONIES

CHARGE PENAL LAW
Gang assault in the first degree 120.07
Assault in the first degree 120.10
Aggravated assault upon a police officer or a peace officer 120.11
ATTEMPTED murder in the second degree 125.25
Manslaughter in the first degree 125.20
Aggravated manslaughter in the first degree 125.22
Rape in the first degree 130.35
Criminal sexual act in the first degree 130.50
Aggravated sexual abuse in the first degree 130.70
Course of sexual conduct against a child in the first degree 130.75
Kidnapping in the second degree 135.20
ATTEMPTED kidnapping in the first degree 135.25
Burglary in the first degree 140.30
Arson in the second degree 150.15
ATTEMPTED Arson in the first degree 150.20
Robbery in the first degree 160.15
Intimidating a victim or witness in the first degree 215.17
Incest in the first degree 255.27
Criminal possession of a weapon in the first degree 265.04
Criminal use of a firearm in the first degree 265.09
Criminal sale of a firearm in the first degree 265.13
Hindering prosecution of terrorism in the first degree 490.35
Criminal possession of a chemical weapon or biological weapon in the second degree 490.40
Criminal use of a chemical weapon or biological weapon in the third degree 490.47

CLASS C VIOLENT FELONIES

CHARGE PENAL LAW
ATTEMPT to commit any class b violent felony B Violent
Aggravated criminally negligent homicide 125.11
Aggravated manslaughter in the second degree 125.21
Aggravated sexual abuse in the second degree 130.67
Assault on a peace officer, police officer, fireman or emergency medical services professional 120.08
Assault on a judge 120.09
Gang assault in the second degree 120.06
Strangulation in the first degree 121.13
Burglary in the second degree 140.25
Robbery in the second degree 160.10
Criminal possession of a weapon in the second degree 265.03
Criminal use of a firearm in the second degree 265.08
Criminal sale of a firearm in the second degree 265.12
Criminal sale of a firearm with the aid of a minor 265.14
Aggravated criminal possession of a weapon 265.19
Soliciting or providing support for an act of terrorism in the first degree 490.15
Hindering prosecution of terrorism in the second degree 490.30
Criminal possession of a chemical weapon or biological weapon in the third degree 490.37

CLASS D VIOLENT FELONIES

CHARGE PENAL LAW
ATTEMPT to commit any class c violent felony C Violent
Reckless assault of a child 120.02
Assault in the second degree 120.05
Menacing a police officer or peace officer 120.18
Stalking in the first degree 120.60
Strangulation in the second degree 121.12
Rape in the second degree 130.30
Criminal sexual act in the second degree 130.45
Sexual abuse in the first degree 130.65
Course of sexual conduct against a child in the second degree 130.80
Aggravated sexual abuse in the third degree 130.66
Facilitating a sex offense with a controlled substance 130.90
Intimidating a victim or witness in the second degree 215.16
Falsely reporting an incident in the first degree 240.60
Placing a false bomb or hazardous substance in the first degree 240.62
Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall 240.63
Criminal possession of a weapon in the third degree 265.02
Criminal sale of a firearm in the third degree 265.11
Aggravated unpermitted use of indoor pyrotechnics in the first degree 405.18
Soliciting or providing support for an act of terrorism in the second degree 490.10
Making a terroristic threat 490.20

CLASS E VIOLENT FELONIES

CHARGE PENAL LAW
Persistent sexual abuse 130.53
Aggravated sexual abuse in the fourth degree 130.65
Falsely reporting an incident in the second degree 240.55
Placing a false bomb or hazardous substance in the second degree 240.61
ATTEMPT to commit criminal possession of a weapon in the third degree subdivision five, six, seven or eight 265.02

WHAT SHOULD YOU DO IF YOU ARE CHARGED WITH A VIOLENT CRIME?

Being charged with a violent crime in New York is a life changing event- even if you are innocent. Once charged, you are bound to be dragged through the Criminal Justice System. It is highly unlikely that you will be able to navigate through these murky waters without an experienced Criminal Defense Attorney.

Violent Crimes are very complex and contain many elements. Every single stage of the criminal process is important- whether it is an arraignment or a trial by jury. It is important that you are competently represented from the very beginning in order to develop the best defense. Mr. Cohen has compassionately represented hundreds of individuals charged with various violent felonies.

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Law Offices of Jeffrey D. Cohen

According to one of the industry’s leading Legal Directories based on both Peer and Client reviews, Jeffrey D. Cohen is considered one the best Criminal Defense Lawyers in Kew Gardens.   The lawyers at the Law Offices of Jeffrey D. Cohen are amongst the best Criminal Defense Lawyers Queens, New York.  After meeting with Mr. Cohen and his team, we’d like to see if you too consider him as one of the best Criminal Defense Lawyer in Suffolk County, Nassau County and Queens County which include neighborhoods of Jamaica, Middle Village, Forest Hills, Woodside, Ozone Park, Glen Oaks, Elmhurst, Ridgewood, Jackson Heights, Bayside Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Howard Beach, Ridgewood, Long Island City, as well as other neighborhoods in the counties of Brooklyn, Bronx, Manhattan, and Staten Island.

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