Last Updated on: 1st August 2023, 01:29 am

In most basic terms, major felonies are defined as the most serious type of crimes, potentially punishable by a sentence that runs from a minimum of a year in prison all the way to the death penalty, according to the Cornell University School of Law. At the present time, there is what can best be described as a moratorium on capital punishment in the state of New York, as a result of a decision handed down the state’s highest court in 2004.

Penalties for Major Felonies

A variety of factors come into play when it comes to the penalties imposed by a court in the state of New York upon conviction for a major felony. The statute governing the specific felony for which a person has been convicted sets forth the parameters pertaining to the penalties that can be imposed in that particular type of case.

In addition, a defendant’s criminal history also comes into play when a sentence is imposed in a major felony case. A person with a more extensive criminal history will likely receive a more significant sentence upon conviction of a major felony.

In many instances, upon conviction of a major felony, the law at issue will call for a mandatory minimum sentence. In other words, in this type of situation, a court is required by law to impose the mandatory minimum sentence on the person convicted of this type of crime.

A major felony case may also include a financial penalty, in addition to a term of incarceration. The financial penalty imposed in a major felony can prove to be significant. In addition, depending on the facts and circumstances of a case, and the nature of the crime at issue, a defendant may also be ordered to pay restitution as part of a sentence in a major felony case.

Defenses for a Major Felony

The type of defense mounted in a case involving a major felony charge depends upon the facts and circumstances surrounding the case. The status of the defendant may also come into play when developing a defense to a major felony.

A common defense in a major felony is that the person accused is not actually the perpetrator of the crime. In other words, someone else is committed the crime and the defendant has not been properly charged.

Another common line of defense in a major felony case is that the 4th Amendment to the Constitution of the United States has somehow been violated. A recurring type of defense mounted in this regard is that the defendant was subjected to an unreasonable search and seizure in violation of the Constitution. Indeed, this is a fairly frequent defense in criminal cases in New York.

When an unreasonable search and seizure defense is raised successfully in a major felony case, evidence obtained through such a search will be excluded from the case. This can result in the prosecution lacking sufficient evidence to pursue the charge, leading to the possible dismissal of the case.

The Importance of Legal Representation

If you face charges involving a major felony, you need to fully understand the crucial need to retain the services of skilled, experienced Brooklyn major felonies lawyers. Qualified Brooklyn major felonies lawyers understand what is necessary to mount effective defenses to these types of criminal charges.

The first step in retaining representation from Brooklyn major felonies lawyers is to schedule what is known as an initial consultation. During an initial consultation, a criminal defense attorney will provide you with an evaluation of your case. This will include an examination of possible defenses to the major felony charges you face.

You will also have the opportunity to ask any questions you may have during an initial consultation with a criminal defense attorney. As a matter of practice, Brooklyn major felonies lawyers typically do not charge a fee for an initial consultation with a prospective client facing major felony charges.