Criminal law is a vast subject not confined to just one or two offenses. New York law considers dozens of offenses criminal, and the penalties for each vary based on several factors. When it comes to fighting a criminal charge in New York or anywhere else, the best defense is a good attorney with ample experience fighting for the rights of their clients. It’s imperative an attorney has the knowledge and experience to present an airtight case, and it’s imperative clients understand the importance and significance of a criminal charge, what it means, and what it might entail.
Common Criminal Charges
People are arrested all the time for various charges, but not all charges are considered a criminal charge. A criminal charge is legally defined as a charge brought against a person on behalf of any government entity. If someone is being sued by the neighbor for allowing their dog to use the restroom in their lawn repeatedly, it’s a civil offense. If someone is being charged with murder after being arrested for killing their neighbor over the dog’s bathroom habits, the court is prosecuting the defendant making it a criminal charge. Some of the most common criminal charges include the following:
– Assault and battery
– Mortgage fraud
– Child pornography
– Sexual assault
– Sex crimes
– Domestic violence
– White collar crimes
– Internet crimes
– Traffic violates
– Immigration issues
– Federal crimes
This is not a comprehensive list of potential criminal charges, but it serves as a general basis of criminal law and all it entails.
Potential Penalties Following Criminal Conviction
There is no telling what one person might face following a criminal conviction. It depends largely on several factors, including the type of crime committed, how many other crimes the defendant has committed in the past, and even the age of the defendant.
– Jail time
– Community service
– Loss of professional license
No two sentences are the same for any two criminals. If two people are being charged with beating a man to death in a bar fight, one might end up with five years in jail and another five years of probation if this is his or her first offense. The other might end up with seven years in jail and longer probation if this is his second or third offense. The different factors are all considered when deciding up on a sentence following a criminal conviction.
– Is the offender a first, second, third, or fourth time offender?
– Did the offender commit the crime or provided help committing it with someone else?
– Was anyone hurt or killed?
– Did the offender commit a crime because of personal duress, such as a killing another person because a criminal had a gun to his or her head ordering him to do so?
– Is the offender sorry and genuinely remorseful for the crime committed?
Potential Criminal Defenses
The purpose of a criminal defense attorney is to help a criminal fight, deny, or reduce charges set against them. Attorneys work hard to prove their clients are innocent of a crime, and they use a number of defenses to help prove their point.
Alibi – The defense might be able to find an alibi for the defendant. This is a person who can swear the person being charged was with him or her during the time of the crime, proving there is no way that the person being charged committed any crimes.
Presumption of Innocence – This is the simplest defense and the one many choose to go with when they did not commit a crime. The simple basis of this defense is the defendant simply did not commit the crime.
Reasonable Doubt – Every criminal must be convicted of a crime beyond a reasonable doubt. This means nothing more than the prosecuting attorney must prove the defendant committed the crime without leaving even an ounce of doubt. The job of the defense in a case like this is to make a jury question every bit of evidence and fall short of a conviction due to reasonable doubt.
Self-Defense – There are instances in which people do horrible things for no other reason than to save their lives or the lives of someone else. A mother who shoots a person trying to kidnap her child, for instance, didn’t intend to kill a person but did so in order to save her child. She was only defending herself and her family.
Insanity – Many people live with mental issues that cause them to commit acts they’re not always aware they are committing. Some know what they are doing, but they have no idea what they are doing is wrong due to their mental incapacity.
Entrapment – When someone is in a position that requires they do something they wouldn’t ordinarily do to save their own life, it might be entrapment. A kidnap victim who steals a car to help their kidnapper because he or she threatens to kill them or their family is not doing something by choice, but by the desire to stay alive.
There are numerous defenses available for a criminal attorney to use when helping a client overcome a criminal prosecution. Call an attorney today to find out how to present a case and get through a criminal charge.
Many people across the area are wrongfully convicted every year of a crime they did not commit. Countless others receive a penalty that is disproportionate to the crime and they are railroaded by a judicial system that is often stacked against them. If you have been charged with a criminal offense anywhere in Brooklyn, the states are extremely high. You have no time to waste. You need to be mount a vigorous criminal defense, and for that you need a Brooklyn Defense Lawyer fighting right there alongside you to ensure that your rights are protected every step of the way.
Prove Your Innocence
You might now that you did not commit the crime that you are charged with, but convincing a judge and jury of that is another matter entirely. There might be evidence that points to you, or you might simply be guilty of being in the wrong place at the wrong time. Whatever the case might be, do not make the mistake of thinking that you can simply fight the charges on your own. While that is the natural human instinct when we are wrongfully attacked, remember again how high the stakes are. You will be going up a prosecutor who often has the full weight of the Brooklyn government behind him or her. You need a professional and experienced lawyer to show the judge and jury how you were wronged in this case.
Sentences Can Be Severe
If you happen to be convicted of a criminal offense, you could be looking at serious jail time. That is never anything anybody wants to wake up hearing. Having a qualified criminal defense lawyer on your side means that you will someone knowledgeable ini the legal field working to get your sentence reduced as much as possible. If this is your first offense and conviction, you might be looking at the possibility of a reduced sentence. If you are charged with a drug related crime, a lawyer can often push to have the severity of the large itself reduced down to a lesser offense. You have options, but they require someone with the legal expertise that you will only find with a Brooklyn criminal defense lawyer.
Future Prospects Can Be Hampered With a Conviction
If you happen to be charged with a crime, and you are convicted, you should be aware that your future prospects will be limited. This will certainly impact your ability to get a job upon release from your sentence. Depending on the crime, it can also hamper your ability to live where you want and can determine who gets custody of your children. Again, this demonstrates just how high the stakes really are. A felony conviction will almost certainly stay on your record for your life, so you need to fight this with everything that you have. That means you need a lawyer that knows what he or she is doing. This will give you your best possible shot at reducing the impact the criminal charge will have on you in the future.
These are just a few of the many reasons that you need to hire a Brooklyn area criminal defense attorney to mount your defense. Remember that you are innocent until proven guilty. These are not just words. It is what the judicial system is based on, but it can certainly to be a hollow phrase when you are facing years in prison for what amounts to a misunderstanding. Do not let a judge throw away the rest of your life because of a conviction you receive due to poor legal counsel.