Charged With A Violent Crime And Need A Lawyer Now? How Legal Counsel Protects You 

Legal counsel is one of the most critical protections available to anyone charged with a violent crime in Orange County, New York. When a violent crime charge is filed, the consequences can include years of incarceration, a permanent criminal record, and the loss of certain civil rights. Attorney Benjamin Greenwald has been admitted to the New York State Bar since 2001, has personally handled more than 5,000 criminal defense matters since graduating from Brooklyn Law School, and is one of the few attorneys in Orange County to have won a case on an insanity defense. To discuss a violent crime charge with the Law Office of Benjamin Greenwald, call (845) 567-4820 today.

Overview of Violent Crime Defense in Orange County, New York

In 2026, a violent crime charge triggers a specific set of legal procedures that differ meaningfully from other criminal cases, and having experienced legal counsel from the outset shapes how those procedures unfold.

• New York law draws clear distinctions between violent felonies and misdemeanors, and those distinctions carry dramatically different sentencing consequences.
• Statements made before an attorney arrives can be used against a defendant and are among the most damaging elements prosecutors rely on at trial.
• Bail determinations in violent crime cases are governed by specific statutory criteria under New York law, and prior criminal history plays a direct role in that process.

The Law Office of Benjamin Greenwald represents people charged with violent crimes across Orange, Sullivan, Ulster, Rockland, and Dutchess County.

What Counts as a Violent Crime Under New York Law?

New York Penal Law section 70.02 defines a violent felony offense and provides a specific list of qualifying charges. That list includes robbery in the first and second degree, assault in the first and second degree, burglary in the first and second degree, and a range of weapons offenses. Rape in the first degree, criminal sexual act in the first degree, and certain kidnapping charges also qualify. The classification matters because violent felony offenses carry mandatory minimum sentences that judges cannot reduce below statutory thresholds.

Not every charge involving physical force automatically qualifies as a violent felony (section 70.02). Assault in the third degree, for example, is a Class A misdemeanor and does not carry the same mandatory minimums. However, even misdemeanor assault charges can carry jail time, probation, and a permanent criminal record. 

The Difference Between a Felony and a Misdemeanor Violent Crime

Under New York law, felonies are divided into classes ranging from Class A through Class E, with Class A carrying the most severe penalties. A Class B violent felony, such as first-degree assault, carries a mandatory minimum of five years and a maximum of 25 years in state prison. Misdemeanors, by contrast, are punishable by up to 364 days in a local facility such as the Orange County Correctional Facility in Goshen, New York.

The distinction also affects collateral consequences well beyond sentencing. A felony violent crime conviction can result in the loss of voting rights while incarcerated, ineligibility for certain professional licenses, and restrictions on firearm possession under both state and federal law. Misdemeanor convictions, while less severe, still appear on background checks and can affect employment, housing applications, and immigration status. The Orange County District Attorney’s Office determines which charges to file, and those initial charging decisions carry lasting effects.

Making Statements Before Legal Counsel Arrives

In Miranda v. Arizona, 384 U.S. 436 (1966), the United States Supreme Court held that suspects in custody must be advised of their right to remain silent and their right to an attorney before any police interrogation begins. Despite that protection, many people charged with violent crimes make statements to law enforcement without fully appreciating how detrimental that can be. Those statements are admissible and are routinely used by prosecutors to establish intent, motive, or inconsistencies in the defendant’s account.

To invoke your right to legal counsel, simply state that you want to talk to your attorney and do not answer any further questions. Once that invocation is made, questioning must stop under the standard established in Edwards v. Arizona, 451 U.S. 477 (1981). Police are not required to remind suspects of this right repeatedly. Anything said after a Miranda warning is given and before your lawyer arrives can be introduced at trial, and the Orange County District Attorney’s Office will take advantage of this.

How Bail Is Set for Violent Crime Charges in New York

New York Criminal Procedure Law section 510.30 governs bail determinations and requires courts to consider several factors, including the charge’s severity, the defendant’s criminal history, ties to the community, and the likelihood of appearance at future court dates. For violent felonies, judges at the Orange County Court in Goshen have significantly less discretion to release defendants on their own recognizance. Bail reform legislation, as amended in 2020 and again in 2023, retained cash bail and detention options specifically for violent felonies.

Prosecutors often argue for high bail amounts in violent crime cases by emphasizing the nature of the alleged offense and any prior record. Defense counsel can present countervailing factors, including stable employment, family ties in Orange County, and the absence of prior failures to appear. The bail hearing is an early and important procedural moment where legal counsel can directly affect the outcome of a case.

How Prior Criminal History Affects a Violent Crime Case

Under New York Penal Law section 70.04, a defendant with a prior violent felony conviction is classified as a second violent felony offender, which triggers enhanced mandatory minimum sentences. A second violent felony offender convicted of a Class B felony, for example, is subject to a mandatory minimum of ten years rather than five. The lookback period for prior violent felonies extends ten years, excluding any time spent incarcerated.

Prior history also affects plea negotiations with the Orange County District Attorney’s Office. Prosecutors typically offer less favorable terms to defendants with prior records, and judges exercise less leniency at sentencing. Furthermore, under the federal Armed Career Criminal Act, 18 U.S.C. section 924(e), previous state-level violent felony convictions can trigger dramatically enhanced federal-level penalties if the current charge involves a firearm. These compounding risks are best reviewed early by one’s legal counsel. 

Need Legal Counsel for a Violent Crime? Call Now!

Attorney Benjamin Greenwald has served Orange County and the surrounding Hudson Valley for more than two decades, handling thousands of criminal defense matters and bringing a thorough understanding of New York’s violent felony statutes to every case. Additionally, the Law Office of Benjamin Greenwald has served on the board of the Alcoholism and Drug Abuse Council of Orange County and has been actively involved in political organizations throughout the Hudson Valley, demonstrating a long-standing commitment to this community. Call (845) 567-4820 now to speak directly with the Law Office of Benjamin Greenwald if you have been charged with a violent crime.

Essential Frequently Asked Questions About Violent Crime Charges in New York

Read further to learn more about violent crime charges from these common FAQs.

What Should a Defendant Do Immediately After Being Arrested for a Violent Crime?

Invoke the right to remain silent and request an attorney immediately. Do not answer questions, explain the situation, or make any statements to law enforcement before legal counsel is present.

Can a Violent Crime Charge Be Reduced to a Lesser Offense?

Charge reductions are possible through plea negotiations with the Orange County District Attorney’s Office. The outcome depends on the specific facts, the evidence, and the defendant’s criminal history.

What Is the Difference Between a Determinate and Indeterminate Sentence in New York?

Determinate sentences carry a fixed term, while indeterminate sentences provide a range such as three to nine years. Violent felony offenses in New York generally require determinate sentencing under Penal Law section 70.02.

Does a Violent Crime Conviction Affect the Right to Own a Firearm?

Yes. A felony conviction under New York law and federal law prohibits the convicted person from legally possessing a firearm. That prohibition is permanent under 18 U.S.C. section 922(g).

Can Someone Charged With a Violent Crime Be Tried as a Juvenile in New York?

Under New York’s Raise the Age legislation, defendants who were 16 or 17 years old at the time of the alleged offense are initially processed in Family Court. Serious violent felony charges can be transferred to adult criminal court through a removal hearing.