When people are charged with violent crimes, they can face serious consequences. Violent crimes can lead to life-changing circumstances. Under the guidelines presented by the FBI, violent crimes are considered to be murder, manslaughter, robbery, aggravated assault and rape. New York state has added to the definition of violent crimes. The state also includes burglary, kidnapping and most sexual assaults as violent crimes. If you are charged with a violent crime no matter what degree, you should seek the help of a professional attorney. Due to the serious nature that violent crimes present, courts can be harsh on those who are being charged. This can lead to life-altering consequences. Our representation can aid you in seeking a lesser sentence.
What are the categories for violent crimes?
When individuals are charged with committing a violent crime, they can be placed into separate categories based upon the crime. Violent crimes are categorized by a felony ranging from Class E up to a Class A-1, the most serious crime.
Class A-1 felonies include murder, terrorism, first degree arson and first degree kidnapping. Class A-II felonies include predatory sexual assault and predatory sexual assault against a child. As the felonies go to Class B, they are considered less serious in nature and may have lesser consequences. However, the penalties for the crime may still be considered very serious.
Class B felonies include aggravated assault, rape, kidnapping in the second degree, robbery in the first degree and burglary in the first degree. Class C felonies include aggravated manslaughter in the second degree, robbery in the second degree, burglary in the second degree, various weapons charges and assault on a judge. Class D felonies are categorized by felonies including second degree assault, second degree rape and reckless assault of a child. Class E felonies are the least serious in charge and nature. These felonies include persistent sexual abuse and fourth degree aggravated sexual abuse.
How are consequences decided for these crimes?
For violent crimes, judges must consider determinate and indeterminate sentencing as punishments for those who are convicted. Indeterminate sentencing is when a court is faced with a non-violent felony and subjects a guilty party to a minimum and maximum number of years in prison. When the individual serves the minimum number of years in prison, they are often eligible for parole. However, for most violent crimes the sentencing is determinate, which means that there is no minimum sentencing. Instead, the guilty party may serve a specific number of years in jail. Those who are charged with terrorism and first degree murder may face a life sentence in prison without the option of parole.
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.