Orange County, NY Criminal Defense Attorney

 

Defending Your Rights in Orange County, NY

If you’re facing criminal charges in Orange County, NY, you need an experienced defense attorney who knows the local courts and will fight to protect your rights. The Law Office of Benjamin Greenwald provides aggressive, strategic criminal defense representation for clients throughout Orange County, including the Town of Newburgh, City of Newburgh, Town of Wallkill, Village of Goshen, and all surrounding communities.

We handle all types of criminal charges, from misdemeanors to serious felonies. Whether you’ve been arrested for DUI, drug possession, assault, theft, domestic violence, or any other criminal offense, we provide the skilled legal representation you need to achieve the best possible outcome. Our approach combines thorough case investigation, strategic negotiation with prosecutors, and aggressive trial advocacy when necessary.

We understand that being charged with a crime is one of the most stressful experiences you can face. Your freedom, your reputation, your career, and your future are at stake. That’s why we provide personalized attention to every client, treating each case with the urgency and dedication it deserves. We’re available 24/7 for arrest situations and offer free initial consultations to discuss your case and legal options.

Ofrecemos servicios legales en español. Se habla español.

Contact us immediately at (845) 567-4820 to schedule a confidential consultation. Don’t wait, early intervention by an experienced criminal defense attorney can make a critical difference in the outcome of your case.

DUI and DWI Defense in Orange County, NY

Driving under the influence (DUI) and driving while intoxicated (DWI) charges in New York carry serious consequences, including license suspension, significant fines, possible jail time, mandatory ignition interlock devices, and increases in insurance rates. New York has some of the strictest DWI laws in the country, including Leandra’s Law, which makes it a felony to drive intoxicated with a child in the vehicle.

We defend clients against all DWI-related charges, including:

  • Standard DWI (BAC 0.08% or higher)
  • Aggravated DWI (BAC 0.18% or higher)
  • DWAI (Driving While Ability Impaired)
  • Refusal to submit to chemical testing
  • Commercial driver DWI
  • Underage DWI (Zero Tolerance violations)
  • Leandra’s Law felony charges

Our defense strategies include challenging the legality of the traffic stop, questioning the accuracy and administration of field sobriety tests and breathalyzer results, examining whether proper procedures were followed, and identifying constitutional violations. Attorney Greenwald has an extensive background in anatomy and physiology, which enables him to spot flaws in breathalyzer test results and forensic analysis that other attorneys might miss.

We also explore alternatives such as negotiating reduced charges or enrollment in treatment programs that may help you avoid the harshest penalties. For cases involving commercial drivers, we understand the heightened stakes and work to protect your CDL and your livelihood.

Drug Crime Defense

New York drug charges range from simple possession misdemeanors to serious felony trafficking offenses carrying mandatory minimum prison sentences. The severity of charges depends on the type and quantity of the controlled substance, whether there was intent to sell, and your prior criminal history. We defend clients against all drug-related charges including possession, possession with intent to distribute, sale of controlled substances, drug trafficking, prescription drug fraud, and marijuana charges.

Even though marijuana laws have changed in New York, you can still face criminal charges for unlicensed sales, public consumption violations, or possession amounts exceeding legal limits. Other controlled substances including cocaine, heroin, methamphetamine, ecstasy, and prescription medications obtained illegally continue to carry serious criminal penalties.

Our defense approach includes challenging illegal searches and seizures (Fourth Amendment violations), questioning whether drugs were actually yours (constructive possession defenses), examining chain of custody issues with evidence, negotiating for drug treatment programs instead of incarceration, and pursuing dismissal or reduction of charges when the evidence is weak. For first-time offenders, we often pursue alternatives to conviction that can keep your record clean.

Attorney Greenwald is a litigator first and foremost. He has extensive courtroom experience at the county, state, and federal levels. He knows what it takes to win at trial and does not hesitate to go above and beyond to achieve a successful outcome for his clients.

Assault and Violent Crime Defense

Assault charges in New York range from misdemeanor assault in the third degree to felony assault in the first degree, depending on the severity of injuries, whether a weapon was used, and the status of the victim. Violent crime convictions carry harsh penalties including significant prison time, especially for felony-level offenses, and create a permanent criminal record that can affect employment, housing, and educational opportunities.

We defend clients against all violent crime charges including:

  • Simple assault (Assault 3rd degree)
  • Aggravated assault (Assault 2nd and 1st degree)
  • Menacing
  • Reckless endangerment
  • Weapons possession and criminal use of firearms
  • Robbery
  • Gang assault
  • Hate crimes

Self-defense is a complete defense to assault charges in New York when you reasonably believed you or another person faced imminent physical harm and used proportional force to defend yourself. We thoroughly investigate the circumstances of your case, interview witnesses, review video evidence, and build the strongest possible defense. In many assault cases, the prosecution’s version of events doesn’t tell the whole story. We ensure your side is heard.

Attorney Greenwald has never worked for the government as a prosecutor. He has always served the accused, fighting hard to defend you and uphold your rights no matter what you’re up against.

Theft and Property Crime Defense

Theft crimes in New York are prosecuted as larceny charges ranging from petit larceny (misdemeanor) to grand larceny in the first degree (felony), depending on the value of property stolen and the circumstances of the theft. Property crime convictions can result in jail or prison time, restitution payments, fines, probation, and a criminal record that affects employment in positions requiring financial trust or security clearance.

We defend clients against all theft and property crime charges including:

  • Petit larceny (property under $1,000)
  • Grand larceny (four degrees based on property value)
  • Shoplifting and retail theft
  • Burglary (unlawful entry with intent to commit crime)
  • Robbery (theft using force or threat of force)
  • Motor vehicle theft
  • Credit card fraud and identity theft
  • Possession of stolen property
  • Trespassing

Many theft charges result from misunderstandings, mistaken identity, lack of intent, or civil disputes that don’t belong in criminal court. We examine whether the prosecution can prove you intended to permanently deprive the owner of their property. Intent is a required element of larceny charges. For first-time offenders, we pursue diversion programs, conditional dismissals, or adjournments in contemplation of dismissal (ACD) that can result in no criminal record.

Our firm has a proven track record of great results in criminal defense work across Orange County, NY. Prior results do not guarantee a similar outcome, but our experience handling thousands of cases provides the foundation for effective representation.

Domestic Violence Defense

Domestic violence charges in Orange County, NY are taken very seriously by prosecutors and judges. These cases often involve orders of protection that require you to stay away from your home and family members, even before you’ve been convicted of any crime. Convictions carry mandatory penalties including batterer intervention programs, loss of gun rights, and potential deportation consequences for non-citizens.

We defend clients against domestic violence charges including:

  • Assault (family offense)
  • Harassment and aggravated harassment
  • Stalking
  • Criminal contempt (order of protection violations)
  • Menacing (family offense)
  • Strangulation (a felony in New York)
  • Endangering the welfare of a child

Domestic violence cases are often more complex than they appear. False accusations, exaggerations during emotional conflicts, and mutual combat situations are common. New York’s mandatory arrest policies mean police often arrest someone even when the evidence is weak or unclear. We carefully review police reports, 911 recordings, witness statements, and medical records to build your defense.

We also help clients navigate orders of protection, seek modifications when appropriate, and defend against criminal contempt charges for alleged violations. Our goal is to protect your rights while resolving the case in a way that allows you to move forward with your life.

Sex Crime Defense

Sex crime charges are among the most serious accusations you can face in New York. Convictions can result in lengthy prison sentences and mandatory registration as a sex offender, which carries lifelong consequences affecting where you can live and work. The stigma of sex crime allegations can destroy your reputation even before trial, making it critical to have an experienced defense attorney from the moment you’re accused.

We defend clients against sex crime charges including:

  • Sexual assault and rape charges (all degrees)
  • Criminal sexual act
  • Sexual abuse
  • Forcible touching and sexual misconduct
  • Statutory rape and endangering the welfare of a child
  • Child pornography possession and distribution
  • Internet sex crimes and online solicitation
  • Failure to register as a sex offender

Sex crime cases often involve credibility battles with no physical evidence or witnesses other than the accuser. False accusations occur in custody disputes, relationship conflicts, and other situations where someone has motivation to lie. We thoroughly investigate the complainant’s background, motive to fabricate, inconsistencies in their statements, and any evidence that contradicts their version of events.

We also defend against improper police interrogation tactics, unlawful searches of your computers and electronic devices, and violations of your constitutional rights. For those already required to register as sex offenders, we can pursue petitions for early removal from the registry when eligible.

White Collar Crime Defense

White collar crimes involve financial fraud, theft, and deception, typically in business or professional contexts. These charges are often prosecuted as felonies carrying significant prison time, especially when large dollar amounts are involved or when federal prosecutors get involved. Convictions also result in restitution orders requiring you to repay victims, professional license suspensions or revocations, and damage to your business reputation.

We defend clients against white collar crime charges including:

  • Fraud (various types: insurance fraud, welfare fraud, tax fraud)
  • Embezzlement and employee theft
  • Identity theft
  • Forgery and falsifying business records
  • Credit card fraud
  • Larceny by false pretenses
  • Computer crimes and unauthorized computer access
  • Money laundering

White collar crime cases often involve complex financial records, extensive document review, and forensic accounting. These cases take time to investigate and prosecute, which provides opportunities for negotiation and pre-indictment intervention. We work with forensic accountants and financial experts when necessary to challenge the prosecution’s interpretation of financial records and transactions.

For professionals facing charges, we understand the importance of protecting your license and career. We work to minimize publicity, negotiate resolutions that avoid felony convictions where possible, and pursue alternatives that allow you to continue your career.


Why Choose The Law Office of Benjamin Greenwald

When you’re facing criminal charges, the attorney you choose can make the difference between conviction and dismissal, between prison and probation, between a permanent criminal record and a clean slate. Here’s why clients throughout Orange County trust us with their freedom and their future.

Experienced Orange County Criminal Defense Representation: We have extensive experience handling criminal cases in Orange County courts, including Town of Newburgh, City of Newburgh, Village of Goshen, and throughout the Hudson Valley. We know the local prosecutors, judges, and court procedures. This familiarity with the local bench and bar provides strategic advantages for our clients.

Personalized Attention to Every Case: You’re not a case number to us. We limit our caseload to ensure every client receives the time and attention their case deserves. You’ll have direct access to your attorney, not just paralegals or assistants. Attorney Greenwald personally handles every aspect of your case.

Proven Trial Experience: While every case is evaluated through negotiation, we’re always prepared to take your case to trial if that’s the best path to justice. Attorney Greenwald is a litigator first and foremost with extensive courtroom experience. He knows what it takes to win at trial. Our trial experience gives us leverage in negotiations because prosecutors know we won’t back down from a fight.

Free Initial Consultations: We offer free consultations to discuss your case, explain your legal options, and provide honest assessment of what you’re facing. There’s no obligation and no pressure, just straight answers about your situation.

Available 24/7 for Arrests: Criminal cases don’t happen on a 9-to-5 schedule. If you or a loved one has been arrested, we’re available around the clock to provide immediate legal guidance and representation. Time is of the essence in criminal cases, and early intervention can make a critical difference.

Strategic Defense Approach: Every case is different. We don’t use cookie-cutter strategies. We thoroughly investigate the facts of your case, identify weaknesses in the prosecution’s evidence, and develop a defense strategy tailored to achieve the best possible outcome for your specific situation. Attorney Greenwald will never talk you into taking a plea deal when going to trial could get you a better result.

Protecting Your Future: A criminal conviction affects more than just the immediate penalties. It impacts employment, professional licenses, immigration status, housing, educational opportunities, and more. We fight not just to win your case, but to protect your long-term future.


Post-Conviction Relief and Criminal Appeals

If you’ve been convicted of a crime in Orange County, NY, your case may not be over. Post-conviction relief options include direct appeals to the Appellate Division, motions to vacate judgment based on newly discovered evidence or ineffective assistance of counsel, sentence modification motions, and petitions for resentencing under recent changes in New York law.

A criminal appeal is not a new trial. It’s a legal argument that errors occurred during your trial or plea proceedings that affected the outcome. Common grounds for appeal include improper rulings on evidence, faulty jury instructions, prosecutorial or judicial misconduct, insufficient evidence to support the conviction, violations of your constitutional rights, and ineffective assistance of trial counsel.

Appellate work requires specialized skills different from trial advocacy. Criminal appeals demand a specialized approach compared to trial work. Where trial lawyers present evidence and question witnesses, appellate lawyers engage in detailed legal research, identify and analyze procedural errors, and develop persuasive written arguments to present before appellate courts. Appeals are won or lost based on the written record from your trial and the legal arguments presented in appellate briefs.

Strict Deadlines Apply: You typically have only 30 days from sentencing to file a notice of appeal for a direct appeal. Missing this deadline can permanently forfeit your right to appeal. If you believe errors occurred in your case, contact us immediately to discuss your appellate options.

We also handle post-conviction motions including CPL 440 motions to vacate judgment based on newly discovered evidence, constitutional violations, or circumstances that could not be raised during trial. Writs of error coram nobis provide relief when fundamental errors directly undermine the fairness of a conviction. For certain older convictions, resentencing under recent criminal justice reforms may be available to reduce your sentence or modify harsh mandatory minimums that no longer apply.

Our appellate practice includes representation at all levels of New York’s court system, from the Appellate Division through the Court of Appeals, as well as federal habeas corpus petitions in the Second Circuit after state remedies are exhausted.

Frequently Asked Questions

Remain silent except to request an attorney, do not consent to searches, and do not make statements to police. Contact a criminal defense attorney immediately. You have the right to legal representation from the moment of arrest. Anything you say can be used against you in court, so it’s critical to exercise your right to remain silent until you have legal counsel present. Call The Law Office of Benjamin Greenwald at (845) 567-4820. We’re available 24 hours a day for arrest situations.
Legal fees vary based on the complexity of your case and the charges you’re facing. We offer free initial consultations to discuss your case and provide transparent pricing. Many criminal defense cases are handled on flat-fee arrangements, while complex cases requiring trial may involve retainer agreements. During your consultation, we’ll provide a clear explanation of costs based on your specific situation. All major credit cards are accepted.
Dismissal is possible when there’s insufficient evidence, procedural violations, violations of your constitutional rights, or problems with how evidence was obtained. We thoroughly investigate every case for weaknesses in the prosecution’s evidence and file motions to dismiss when appropriate. While dismissal isn’t guaranteed, an experienced attorney significantly improves your chances by identifying legal defenses and procedural errors. Our firm has a track record of great results, though prior results do not guarantee a similar outcome.
In New York, misdemeanors carry maximum jail sentences of up to one year (typically served in county jail), while felonies carry state prison sentences exceeding one year. Felonies are classified from Class E (least serious) to Class A (most serious) and carry more severe long-term consequences including loss of voting rights, difficulty obtaining employment, loss of professional licenses, and restrictions on firearm ownership. The distinction affects not only the potential sentence but also your rights and opportunities for years after any conviction.
For direct criminal appeals, you must file a notice of appeal within 30 days of sentencing. Missing this deadline can permanently forfeit your right to appeal. Other post-conviction remedies have different timelines: CPL 440 motions and writs of error coram nobis generally have no strict time limits, though unreasonable delay can affect relief. Federal habeas corpus petitions must be filed within one year under the Antiterrorism and Effective Death Penalty Act (AEDPA). If you believe errors occurred during your trial or sentencing, contact us immediately to preserve your appellate rights.
Common grounds for appeal include legal errors such as improper jury instructions, erroneous evidentiary rulings, prosecutorial or judicial misconduct, insufficient evidence to support the conviction, violations of constitutional rights (including search and seizure, self-incrimination, right to counsel, and due process), and ineffective assistance of trial counsel. An appeal reviews whether significant legal errors occurred during your trial that could have impacted the outcome. Appellate courts do not re-determine facts or guilt, but ensure cases are conducted fairly under the law and constitution.
Yes, but your appeal options are more limited. When you plead guilty, you typically waive most trial-related errors. However, you can still appeal issues such as whether your guilty plea was truly voluntary and knowing, whether you received ineffective assistance of counsel during plea negotiations, whether the sentence imposed was illegal or exceeded statutory limits, and whether your constitutional rights were violated. CPL 440 motions can also address newly discovered evidence or circumstances that existed at the time of your plea but were unknown to you.
A CPL 440 motion is a post-conviction motion filed in the same court that handled your original case. It allows you to challenge your conviction or sentence based on grounds that could not have been raised on direct appeal, such as newly discovered evidence that could have changed the verdict, constitutional violations that were not apparent in the trial record, ineffective assistance of counsel (with supporting evidence outside the record), or fraud or misconduct that affected the proceedings. Unlike direct appeals, CPL 440 motions have no strict filing deadline, though unreasonable delay may affect the relief available.