New York Criminal Lawyer

The New York criminal attorneys at the Law Offices of Stephen Bilkis & Associates have experience handling a wide range of criminal cases, including both felonies and misdemeanors. We aggressively defend clients who have been charged with a variety of types of crimes including violent offenses, non-violent offenses, white collar crimes, federal offenses, and juvenile crimes from the moment of arrest until the case is resolved.

Being convicted of a sex crime is different from being convicted of other crimes. In addition to facing prison, fines, and a criminal record, you will be labeled as a registered sex offender in New York. This means that for decades after you have served your prison term, you will be required to inform law enforcement of where you live, where you go to school, and where you work. There will be restrictions on where you go. Some common examples of sex crimes include rape, criminal sexual activity, luring a child, forcible touching, and sexual abuse. Since most sex crimes involve a lack of consent, as provided by N.Y. Pen. Law Section 130.05, a defendant may be able to defeat a charge if they can show that the accuser consented. In other cases, a defendant may establish an alibi to show that they could not have committed the crime.

Domestic violence covers a wide range of crimes involving family or household members or people in a current or former romantic relationship. Some examples of charges that may be related to domestic violence include assault, stalking, strangulation, kidnapping, and rape. If you are convicted, the penalty may include years of incarceration. A mere accusation of domestic violence can damage a defendant's family life, as well as his or her career. Often, however, these accusations are unfounded, and a defense attorney may be able to attack the credibility of the accuser. In other situations, a defendant may have been acting in self-defense, or the accuser may have consented to the conduct.

Assault is a common criminal charge in New York. It is defined as intentionally causing another person physical harm. Assault can be charged in the first degree, the second degree, or the third degree. Assault in the third degree is a Class A misdemeanor under N.Y. Pen. Law Section 120.00. Assault in the second degree is a Class D felony under N.Y. Pen. Law Section 120.05, and assault in the first degree is a Class B felony under N.Y. Pen. Law Section 120.10. Factors that may affect the level of the charge include the severity of the victim’s injuries and the instrument used by the defendant. A New York criminal lawyer may be able to challenge the prosecution’s evidence or raise an affirmative defense, such as self-defense or defense of others.

A charge of DWI means that you are suspected of driving while intoxicated. This means that you have a BAC of more than 0.08, as provided by V.T.L. Section 1192.2. You also may be charged under V.T.L. Section 1192.4 if you are suspected of driving while intoxicated by drugs. If you are convicted of DWI, you could face fines, a license suspension, and jail time. A defendant may be charged with DWI after failing a chemical test, such as a breathalyzer, or after failing a field sobriety test. However, just because you failed a chemical test or a field sobriety test does not mean that you will be convicted. The police might have improperly administered the test, for example, or the police might have lacked an adequate basis for stopping your vehicle. Our New York criminal defense attorneys will fight for you.

Being charged with a drug crime, such as possession or selling, is serious. Since there is such a major drug problem in New York and in the rest of the country, the penalties for drug crime convictions are harsh, even if only a small amount of drugs was involved. There are often complicated circumstances that lead to drug charges. Some defenses in this area involve a defendant’s constitutional rights. If the police failed to comply with constitutional requirements in seizing the evidence against you, a New York criminal lawyer may be able to get the evidence suppressed. This can prevent the prosecution from proving its case. In some situations, a defendant may be able to go to Drug Treatment Court as an alternative to more serious penalties.

Child pornography is a crime that can be prosecuted under federal law as well as state law. N.Y. Pen. Law Section 263 covers child pornography at the state level. The stigma of being convicted of a child pornography crime will last longer than the prison sentence. Your reputation will be damaged in a way that is different from the damage related to being convicted of other types of crimes. Whether you are accused of selling, distributing, buying, or possessing child pornography, you should know that your situation is not hopeless. A common defense to these charges is mistake of age, which means that the defendant reasonably thought that the subject of the pornographic material was an adult.

Grand larceny is a serious type of theft crime that is described under N.Y. Pen. Law Sections 155.30, 155.35, 155.40, and 155.42. It usually is charged if the defendant allegedly took property worth $1,000 or more from someone else without their consent, while intending to deprive the owner of their property. Depending on the value of the property that you are accused of stealing, if you are convicted of grand larceny, the judge could send you to prison for decades. In addition, you will have a felony conviction on your record, which may affect several aspects of your life, including finding a job and renting an apartment. Defenses in these cases may involve showing that the prosecution cannot prove the intent element or showing that the value of the property falls below the required threshold.

Petit larceny is a less serious type of theft crime than grand larceny. Under N.Y. Pen. Law Section 155.25, it covers the theft of property that is worth less than $1,000. Otherwise, it contains the same elements as grand larceny. Petit larceny is the charge that you may face if you are accused of shoplifting. Since the value of the property at issue in a petit larceny case is relatively low, petit larceny is a misdemeanor. Even though the sentence is not harsh, it is still a crime, and there will be consequences to be avoided. Petit larceny also may be charged together with other crimes related to the same conduct, such as criminal possession of stolen property in the fifth degree under N.Y. Pen. Law Section 165.40, which is a Class A misdemeanor.

New York has some of the strictest gun laws in the country, which impose harsh penalties for convictions. Gun laws apply to a variety of different types of firearms, including pistols, revolvers, shotguns, rifles, and assault weapons. There are strict laws related to licensing, possessing, selling, and manufacturing firearms. N.Y. Pen. Law Section 265 contains the laws related to weapons possession. Possession of a loaded handgun is a Class C violent felony, and a conviction will result in years in prison. In addition, the use of a firearm while committing another crime is an aggravating factor that may lead to enhanced penalties. A defendant may be charged under federal laws as well as state laws in some cases involving firearms.

Internet and computer crimes encompass a wide range of behaviors conducted online, such as identity theft, computer hacking, online gambling, fraud, child pornography, and stalking. To take one example, stalking can be charged in four degrees under N.Y. Pen. Law Sections 120.45, 120.50, 120.55, or 120.60. Stalking in the first or second degree under Section 120.60 or Section 120.55 is a felony, while stalking in the third or fourth degree under Section 120.50 or Section 120.45 is a misdemeanor. Defending accusations of internet crimes is complicated and requires a close analysis of the facts. A defense to stalking may involve attacking the credibility of the accuser or showing a legitimate reason for the conduct, among other strategies.

Burglary is a felony theft offense defined under N.Y. Pen. Law Section 140. It involves entering the property of another person with the intent to commit another crime, such as larceny. It is not necessary that you commit larceny or some other crime. The intent is all that is required. Burglary is classified in three degrees. Burglary in the third degree is a Class D felony, while burglary in the second degree is a Class C felony, and burglary in the first degree is a Class B felony. If you are convicted, your sentence could include several years in prison. Once you are released, you will have a criminal record. Someone who is preparing to commit a burglary may be charged with possession of burglar’s tools, which is a Class A misdemeanor.

Just like grand larceny and burglary, robbery is a felony theft crime. Robbery, however, is considered a particularly serious theft offense because it involves the use of force or the threat of the use of force. Since robbery involves force and can involve a serious injury to a victim, a conviction can mean years spent in prison. Robbery is classified in three degrees under N.Y. Pen. Law Section 160. Third-degree robbery is a Class D felony, while second-degree robbery is a Class C felony, and first-degree robbery is a Class B felony. Some factors that may affect the level of the charge include any injuries inflicted on the victim, any weapons used in the crime, and the assistance of any accomplices.

We also represent clients who have been charged with crimes termed as “white collar” crimes. A white collar crime is an offense that does not involve violence. It is typically committed in an office setting and typically involves money. Common types of white collar crimes include embezzlement, bribery, forgery, money laundering, perjury, securities fraud, and insurance fraud. White collar crimes tend to be complex, and they may be charged under both federal and state laws. For example, bribery can be charged under 18 U.S.C. Section 201(b) and under N.Y. Pen. Law Section 200. If a defendant is charged under Section 200, they will have a defense under Section 200.05 if the target of the bribe was committing coercion or extortion against them.

New York criminal lawyer Stephen Bilkis is a veteran criminal trial litigator with extensive experience defending clients in criminal courts and in federal court. During over 2 decades of practicing law Stephen Bilkis has handled hundreds of criminal cases, establishing a reputation among both clients and peers for his superior preparation, his detailed understanding of the law, and obtaining exceptional results. Not only does Stephen Bilkis have a winning record before juries, he also is adept at winning pretrial. Stephen's deep knowledge of the New York criminal code allows him to find creative ways to routinely achieve the best possible result in each case.

The staff at the Law Offices of Stephen Bilkis & Associates will be truthful with you about your case. We will not make promises that we will not be able to keep. We will, however, thoroughly review the facts of your case and give you a realistic assessment of the possible outcomes of your case. As we move forward with your case we will use our trial skills, negotiation skills, knowledge of criminal law and procedure, and understanding of alternative sentencing options to make sure that your case has the best possible outcome. We will also keep you in the loop, and we not use tactics that will surprise you. In other words, we will handle your case with integrity.

It is not easy to navigate the criminal justice system. From the time that you are arrested until your case is resolved there are many complicated steps that will affect the final outcome of your case. Thus, if you have been accused of a crime it is important to immediately contact our office to discuss your case. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in criminal courts who have been charged with assault, grand larceny, sexual assault, domestic violence, drug crimes, gun crimes and other felonies and misdemeanors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.