Middletown Criminal Defense Attorney
If you find yourself facing criminal charges in Middletown, NY, you might need help from a lawyer. Our Middletown criminal defense lawyers at Larkin Ingrassia, PLLC, can provide a strong defense strategy for your case. Contact our law firm at (845) 566-5345.
These instances demand a skilled legal representative who understands the nuances of local laws. A criminal defense attorney has the knowledge and experience needed to navigate the justice system while advocating for your rights at every turn.
Our legal team realizes just how high-stakes criminal charges can be and will do everything we can to support you during this difficult time. If you have questions or need help with a criminal charge in Middletown, New York, let us help. Contact Larkin Ingrassia, PLLC to schedule a free consultation with a Middletown criminal defense lawyer.
Why Should I Hire Larkin Ingrassia, PLLC, If I’m Facing Criminal Charges in Middletown?
If you’re facing criminal charges in Middletown, NY, we can help you fight back.
Here’s why you should work with our firm:
- Extensive litigation experience: We’ve argued criminal cases at various levels and understand how to fight for you in and out of the courtroom.
- Over 50 years of combined practice in criminal law: Our attorneys bring a wealth of skills and insights from decades spent protecting the rights of individuals in Middletown.
- Always accessible to you: We provide open lines of communication so you can reach out with questions at any point during your case.
When you hire our experienced Middletown criminal defense attorneys, you can expect us to do the following:
- Conduct a thorough investigation
- Discuss your legal options
- Negotiate for a plea deal or for charges to be dismissed
- Represent you in court
For help with a criminal charge in Middletown, New York, we’re here for you. Contact Larkin Ingrassia, PLLC to schedule a free consultation with a Middletown criminal defense lawyer.
We Handle All Criminal Defense Cases in Middletown
We handle all criminal defense cases in Middletown, NY. Below is some information about the most common charges we handle and how we can help you through these proceedings.
Assault
You can face an assault charge if law enforcement believes you intentionally harmed or threatened another person. We investigate the incident, review all evidence, and question any conflicting accounts.
Domestic Violence
Domestic violence charges involve accusations of harm or threats against a household member or an intimate partner. Allegations may include physical abuse, harassment, or emotional abuse and carry severe penalties if convicted. We review evidence, such as witness statements and video footage, to help you fight back.
DWI
Driving while intoxicated is one of the most common charges people encounter. Convictions can lead to license revocation, significant fines, and possible jail time. Our approach might involve challenging the basis of the traffic stop, the accuracy of breath or blood tests, and any officer errors.
Federal Crimes
Federal offenses, such as drug trafficking or fraud, are prosecuted in federal court. Penalties often exceed those handed down by state courts. We understand federal procedures and laws, including bail requirements and sentencing guidelines, and defend you every step of the way.
Homicide
Homicide charges can include manslaughter or murder, and a conviction could mean life-altering consequences. We examine every piece of evidence, from forensic evidence to witness accounts. Our goal is to construct a thorough defense and pursue the best possible resolution.
Sex Crimes
Sex crime allegations can include offenses like rape or possession of illegal material and have serious legal and personal repercussions. If convicted, you could face substantial penalties and lifetime registration requirements. Even without a conviction, these allegations can alter your entire life. We approach these charges by carefully reviewing evidence and protecting your privacy throughout the process.
Theft
Theft covers a broad range of offenses, from shoplifting to grand larceny. A conviction might lead to restitution, significant fines, or jail time. We investigate the circumstances of each incident and develop a defense strategy designed to reduce or eliminate charges.
Traffic Tickets
Traffic violations include speeding, reckless driving, and other moving infractions. These tickets can add points to your driving record and raise insurance rates. We can often negotiate with prosecutors to reduce charges, save you time, and lower fines.
White Collar Crimes
White collar crimes often involve fraud, embezzlement, or money laundering. Even though these charges are non-violent, the penalties can still be serious, including lengthy prison sentences and restitution. We carefully analyze financial records and business documents to build a defense on your behalf.
No matter what type of criminal charge you’re facing, we can help. Contact us today to schedule a free consultation with a criminal defense lawyer.
What Is the New York Criminal Process?
If you face charges in New York, you may have questions about how the criminal process works. Below are the main steps and what each involves:
Arraignment
The arraignment occurs shortly after you are arrested and booked. At the arraignment, you’re informed of the charges against you. You then enter a plea of either guilty or not guilty. If you plead guilty, the case moves to sentencing right away. If you plead not guilty, another court date is set for a bail hearing in most cases.
Bail
After arraignment, the judge addresses whether bail is set, you’re released on your own recognizance, or you remain in jail until your next court date. Several factors influence bail, such as how serious the charges are and your risk of not returning to court. If you can’t pay the required amount, you remain in custody until the case concludes or until you’re able to post bail.
Pre-Trial Discovery and Motions
During this phase, each side shares information about the case, referred to as discovery. Either party can file legal motions, and the court may hold hearings to address those requests. The outcome of these proceedings can shift the direction of your case, sometimes leading to plea deals or dismissal.
Trial
If the case isn’t resolved earlier, it proceeds to trial before a judge or jury. The prosecutor must prove your guilt beyond a reasonable doubt. You have the chance to present witnesses, evidence, and arguments in your defense.
Sentencing
If you’re found guilty or you accept a plea deal, the court decides on your punishment. This may involve prison time, fines, probation, or other penalties. In some matters, the prosecution and defense can negotiate an agreement before sentencing occurs.
If you have any further questions about the process or need guidance along the way, reach out to us for help.
Why Should I Hire a Criminal Defense Attorney?
If you’re facing criminal charges, you may feel uncertain about what lies ahead.
Here are a few reasons it’s a good idea to work with a criminal defense lawyer as soon as possible:
- An attorney can investigate all aspects of your situation, gather evidence, and identify any weaknesses in the prosecution’s arguments.
- A lawyer fully understands legal procedures and requirements, making sure your case is handled correctly in court.
- Having professional representation can ease the stress you face, as your lawyer handles all legal aspects of the situation. This includes negotiating with prosecutors, possibly leading to lesser charges or more favorable outcomes.
- If your case goes to trial, an experienced defense attorney knows how to challenge witnesses and present your defense to the judge or jury.
If you have questions about a criminal matter, reach out to our criminal defense lawyers right away.
Should I Hire A Lawyer If I’m Innocent?
It’s often a smart choice to seek legal counsel even if you consider yourself innocent of the charges. Evidence might be misunderstood, and law enforcement or prosecutors may present the circumstances in a way that doesn’t accurately reflect what happened. A lawyer knows how to gather additional evidence, identify any errors in the prosecution’s claims, and advocate on your behalf. That way, you can better protect your rights and reduce the chance of facing unfair penalties based on misinformation or incomplete evidence.
How Does a Middletown, NY, Defense Lawyer Investigate a Criminal Case?
If you’re facing a criminal charge in Middletown, NY, you might wonder about the steps your defense lawyer will take to investigate your case. Below are some of the main methods they use:
Gathering Documentation
Your attorney starts by collecting records such as police reports, witness statements, and any video footage related to your arrest. This helps identify the facts of your case and spot possible inconsistencies or errors.
Interviewing Witnesses
Attorneys typically speak with any individuals who claim they witnessed the incident or something leading up to the incident. Often, your lawyer can find testimony that will support your version of events. These interviews are one way to uncover overlooked details and develop a better understanding of what happened.
Reviewing Physical Evidence
Physical evidence, like DNA, fingerprints, or other forensic material, can play a big role in strengthening or weakening a case. Your attorney assesses the accuracy and reliability of lab results and may bring in experts to provide more insight.
Consulting Experts
If your case involves specialized knowledge – like forensics, electronic evidence, mental health, or self-defense claims – your lawyer may consult a range of experts. These professionals examine the evidence with a unique perspective and offer findings that can help your defense.
Crafting a Defense Strategy
Once all evidence is gathered, witness interviews are complete, and any potential legal issues are identified, your lawyer organizes a defense approach. This may involve challenging the admission of evidence, questioning police procedures, or highlighting inconsistencies in the prosecution’s theory.
Some of the most common defense strategies a criminal defense lawyer can use to defend you include the following:
Self-Defense
Your lawyer can raise self-defense if you believe you are in immediate danger and use reasonable force to protect yourself. To be successful with this defense, your lawyer must show that you responded proportionately to the threat under the circumstances. Evidence like witness statements or surveillance footage can support this claim by showing you were acting out of fear for your own safety.
Alibi
An alibi defense maintains that you couldn’t have committed the alleged crime because you were somewhere else when it happened. You might rely on witnesses or documentation (like receipts or security logs) to show your whereabouts. Alternatively, phone records or video footage can help support your alibi. If your evidence is convincing, it can completely undermine the prosecution’s assertions against you.
Mistaken Identity
You can contend that the authorities or witnesses wrongly identified you as the perpetrator. Eyewitness misidentification is more common than people realize, influenced by factors such as poor lighting or frightening, stress-inducing incidents. If you’re able to provide evidence suggesting you’re not the person who committed the crime, you might get your case dismissed.
Consent
You may use consent as a defense if you can show that the alleged victim willingly agreed to the act in question. For example, in a sexual assault case where the other person consented to physical contact, your lawyer might argue you didn’t commit a crime.
No Possession
Some charges involve claims that you had control over illegal items, such as drugs or firearms. The no-possession defense means you argue you never actually owned, controlled, or had authority over the item. You might point out that you were simply in the wrong place at the wrong time or that the item belonged to someone else, and you had no idea it was there.
Constitutional Violations
Sometimes, the way the police or prosecutors gathered evidence may have violated your constitutional rights. For instance, they may have searched your home or vehicle without a warrant or probable cause, or they might have obtained a confession without informing you of your right to remain silent. If the police broke these rules, a judge might rule the evidence inadmissible, which can weaken the case or even lead to charges being dismissed.
The exact defense used in your case will depend on the specific charges and circumstances of your arrest. For help with a criminal charge, contact us today to schedule a free consultation.
Can I Get Arrested If the Police Don’t Have an Arrest Warrant?
Yes, it’s possible for you to be arrested even if the police don’t have a warrant. Typically, this happens when officers have probable cause to believe you committed a crime, such as witnessing you breaking the law or gathering enough evidence that suggests you’re responsible for an offense. As long as probable cause exists, the officers can take you into custody right then and there, even without a warrant.
Can police conduct a search without a warrant?
Generally, police need to have a warrant to conduct a search. However, in some cases, police may be able to conduct a search of your person, vehicle, or property without first obtaining one. This can happen in situations like traffic stops, where officers notice illegal items in plain view, or during searches made to secure their own safety if they suspect hidden weapons.
Other exceptions might include consent-based searches, where you voluntarily let them look around, or in cases involving exigent circumstances, which typically mean urgent situations that allow officers to act immediately to prevent harm or destruction of evidence.
What’s the Difference Between a Misdemeanor and a Felony?
If you’re facing criminal charges, you might wonder how misdemeanors differ from felonies in New York. Here’s a closer look at the major distinctions:
Maximum Jail or Prison Time
As a general rule, a misdemeanor can lead to a jail sentence of up to one year. Felonies, on the other hand, bring the possibility of a sentence longer than one year. Class A felonies, considered the most serious, can result in 25 years to life behind bars.
Financial Penalties
Felony convictions typically involve higher fines than misdemeanor convictions. The court looks at factors like the nature of the offense and its severity when deciding on the amount.
Impact on Rights and Privileges
If you’re convicted of a felony in New York, you could lose certain liberties and face restrictions. This may include losing voting rights while incarcerated or limitations on your ability to carry a firearm, serve on a jury, or hold particular professional licenses. In most cases, a misdemeanor offense doesn’t result in these losses.
Diminished Opportunities After Release
A felony on your record can make it much tougher to get a job, rent a place to live or apply for loans. By comparison, a misdemeanor can still have an effect, but it usually poses fewer hurdles in day-to-day life.
Sealing Prior Convictions
New York allows both felony and misdemeanor offenses to be sealed under certain circumstances. However, it’s generally less complicated to seal a misdemeanor, as courts may be more open to giving you a second chance when the offense is less serious.
All criminal offenses are serious, but felony charges and convictions carry much more serious consequences overall.
What is Bail?
Bail is an amount of money or property you provide to the court to remain free from jail while your criminal case is pending. Judges usually assess factors like the seriousness of the charges, your prior record, and whether you’re likely to show up for court. If you fulfill all court requirements, the bail is returned to you; if you don’t, you risk losing the bail money and being taken back into custody.
What’s a Plea Bargain?
A plea bargain is an arrangement between you and the prosecutor where you agree to plead guilty to one or more charges in return for concessions. Commonly, you might face fewer counts, less severe charges, or a recommendation for a lighter sentence. These deals help avoid the time and uncertainty of going to trial.
Your defense attorney will communicate with the prosecutor about what they’re willing to offer. You then decide whether to plead to a lesser charge or penalty or if you’d prefer to contest the allegations at a full trial.
Should I Accept a Deal?
It’s important to weigh the pros and cons of the plea deal before making that decision. Accepting a deal can end the case faster, spare you from a potentially harsher sentence, and reduce overall court costs. You’ll also avoid the unpredictability of trial, which can sometimes be more stressful. On the other hand, you’d be giving up your right to a jury trial and the chance to be found not guilty. You’re also giving up certain appeal rights by pleading guilty.
In some situations, you may feel that the evidence is too weak or the proposed deal doesn’t treat you fairly, leading you to choose trial instead. The best approach is to discuss everything with your lawyer so you have a clear picture of the pros and cons of accepting the deal.
What Should I Do if I Have Been Arrested for a Criminal Offense in Middletown, NY?
If you’ve been taken into custody for a criminal offense in Middletown, NY, it’s natural to feel anxious and uncertain. Below are some important steps to keep in mind:
Remain Calm and Respectful
Staying calm throughout the arrest process helps you avoid making statements or taking actions that could hurt your case later. Try to be polite when interacting with the officers, even if you feel the arrest is unfair. You’ll have a chance to address the situation more thoroughly once you’ve consulted a lawyer.
Use Your Right to Remain Silent
You have the right to remain silent under the Fifth Amendment. This means you don’t have to respond to questions about the alleged crime until you’ve spoken with your attorney. Anything you say at this point can be used as evidence against you.
Contact a Criminal Defense Attorney
A defense lawyer can immediately step in to protect your interests and help guide you through the legal system. They’ll review the details of your arrest, identify any defenses to use, and advocate on your behalf in discussions with prosecutors or the court.
Document What Happened
As soon as possible, write down everything you remember about the arrest. Include times, locations, and names of witnesses or officers. This information might help your lawyer build a clearer picture of events and uncover any weaknesses in the case against you.
Avoid Discussing The Case with Others
Limit conversations about the charges to your attorney, and don’t post anything on social media. Even well-meaning friends or family could inadvertently share information that’s harmful to your defense.
Appear at All Court Dates
It’s important to attend all scheduled appearances. Failure to appear could lead to additional penalties or even an arrest warrant. If you have a valid reason you can’t make it, let your attorney know in advance so you can seek permission from the court to reschedule.
If you have questions about what to do when facing charges, contact us today to schedule a free consultation.
Contact Our Experienced Middletown Criminal Defense Attorneys For Legal Help
Facing criminal charges is always an overwhelming experience. Fortunately, you don’t have to handle it alone. Our criminal defense law firm will help you fight back and provide you with the best chance at beating the charges you’re facing. We will help you every step of the way. Our goal is to reduce the consequences of criminal charges and safeguard your future. Contact Larkin Ingrassia, PLLC to schedule a free consultation with a Middletown criminal defense lawyer.