Newburgh Criminal Defense Attorney

Are you looking for a dedicated and compassionate law firm that can help you with legal issues? Larkin Ingrassia, PLLC, is here to help. Our team of Newburgh criminal defense attorneys will stop at nothing to offer you fair and proper representation. We take an assertive approach to fight on your behalf. Call us at (845) 566-5345.

Have you been charged with a crime in Newburgh, NY? If so, it’s crucial that you seek skilled legal counsel as soon as possible. A knowledgeable criminal defense lawyer can help you take the right steps to fight your case. Trying to handle this on your own can lead to mistakes and significant penalties. 

At Larkin Ingrassia, PLLC, our attorneys have decades of experience handling all types of criminal offenses, and we want to make sure you get the best outcome possible. No matter what you’re facing, we’re here to help. Contact Larkin Ingrassia, PLLC to schedule a consultation with a criminal defense lawyer. 

Why Should I Hire Larkin Ingrassia, PLLC If I’m Facing Criminal Charges in Newburgh, NY? 

After being arrested in Newburgh, New York, the most important step you can take is to reach out to an experienced criminal defense team. Here’s why you should work with us: 

• We will walk you through the legal process and provide you with support every step of the way.
• We will handle communications with the prosecution. 
• We will negotiate to get your charges reduced or dropped altogether.
• Our legal team can represent you in court if necessary.

Our attorneys have been recognized by America’s Top 100 Attorneys, Super Lawyers, The National Trial Lawyers, and Martindale-Hubbell, among other reputable legal organizations.

No matter what you’re facing, our team is here to help. Contact Larkin Ingrassia, PLLC to schedule a consultation with a Newburgh criminal defense attorney. 

We Handle A Wide Spectrum of Criminal Defense Cases in Newburgh NY

If you’re facing criminal charges in Newburgh, working with a defense team who knows what they’re doing is important. We deal with all types of cases and can handle whatever it is you’re facing. Below are some of the areas we can handle:

Assault

Assault means physically harming another person or threatening them with injury. These charges come with possible jail time and serious fines, which can have a lasting impact on your life. Our team will evaluate your case and determine potential defenses that can be raised on your behalf.

Domestic Violence

Domestic violence can involve allegations of physical or emotional abuse within a family, household, or dating relationship. A conviction can affect your right to see your children or even remain in your own home. We can help you tell your side of the story, fighting to prevent unfair consequences that can follow you for years.

DWI

Driving while intoxicated charges can lead to license suspensions, high fines, and even jail time. We can analyze breathalyzer and field sobriety test procedures to determine if they were conducted properly. Our team will do everything possible to minimize the impact on your life and make sure you understand all of your legal options.

Federal Crimes

Offenses like drug trafficking, fraud, or internet crimes can be charged at the federal level, carrying particularly severe sentences. Because federal prosecutors have enormous resources, you need an experienced defense team on your side who knows how to fight back. We have a deep understanding of federal procedures and laws to help build the strongest possible case.

Homicide

Homicide is among the most serious charges a person can face and can result in life in prison. Our attorneys will meticulously examine the evidence and work with experts to ensure every piece of your defense is covered.

Sex Crimes

Sex crime allegations can ruin your reputation and severely limit your future opportunities, even if you aren’t convicted. These cases often hinge on forensic evidence and witness testimony, and we will vigorously challenge any weak or misleading claims. We will work to protect your privacy and fight to mitigate the consequences as much as possible.

Theft

Theft cases can range from shoplifting to large-scale fraud. A theft conviction can permanently affect your ability to secure employment or housing. Our goal is to reduce or dismiss charges whenever possible, minimizing harm to your record and future prospects.

Traffic Tickets

While traffic tickets might not seem serious, repeated violations can lead to license suspensions, increased insurance rates, and even jail time. We help you challenge tickets – for example, by investigating whether the stop or radar use was valid. With our help, you can work toward preserving a clean driving record.

White Collar Crimes

White-collar crimes like grand larceny by embezzlement, fraud, and money laundering can carry significant fines and prison sentences. These complicated cases often involve extensive paper trails and financial documents. We’ll carefully dissect all the evidence against you and develop a strong defense strategy to protect you.

No matter what type of charge you’re facing, our attorneys can help. Contact us today to schedule a consultation. 

What Is the New York Criminal Process?

Understanding the criminal process in New York can help you navigate a difficult situation and make informed decisions about your case. Below is a brief overview of each stage, from arrest to potential appeals.

Arrest

An arrest occurs when law enforcement believes you have committed a crime and takes you into custody. This can be the result of allegedly committing a crime in front of a police officer or being arrested pursuant to an arrest warrant based on probable cause. 

Booking Process 

After being arrested, you will be taken to a police station, where you are fingerprinted, photographed, and checked for any outstanding warrants. The district attorney or the arresting officer will then decide whether to file charges against you, which can include felonies or misdemeanors.

Pre-Trial Services Interview 

This interview collects personal and employment information to help the court determine whether you should be released on your own recognizance or if bail should be set. It typically occurs shortly after arrest and can significantly influence the conditions of your release.

Arraignment 

At arraignment, you are formally informed of the charges against you. You will also enter a plea – usually “guilty” or “not guilty” – and the court may address any bail or release conditions.

Bail Hearing 

During a bail hearing, the court examines factors like your community ties, criminal history, and flight risk. Based on this assessment, it decides whether to release you, impose bail, or hold you in custody until trial.

Discovery 

Discovery is when both the prosecution and defense exchange evidence and information related to the case. This process ensures transparency and allows both sides to prepare their arguments effectively.

Pre-Trial Motions & Hearings 

During this stage, attorneys may file motions to dismiss charges, suppress evidence, or request other legal remedies. Courts hold hearings to review the evidence and arguments, which can shape the direction of the trial.

Trial 

If the case goes to trial, both sides present their evidence and arguments, starting with jury selection (unless it’s a bench trial in front of a judge only), followed by opening statements. Witnesses and experts may testify, and after closing arguments, the jury deliberates and issues a verdict of guilty or not guilty.

Sentencing 

When a defendant is convicted, the judge determines the appropriate sentence, which can include jail time, probation, fines, or community service. A pre-sentence investigation (PSI) often informs the judge’s decision, providing background details about the defendant.

Appeals 

If a defendant believes there was a legal error during the trial, they may file an appeal. The appellate court then reviews the trial record to decide whether to uphold the conviction, order a new trial, or modify the sentence.

If you have questions about the process or need help with any aspect of your case, contact a lawyer right away. 

Why Should I Hire a Criminal Defense Attorney?

Hiring a criminal defense attorney is one of the most important decisions you can make when facing criminal charges. An attorney can guide you through the entire legal process, starting from the moment you’re arrested until the end of the case, including appeals in some cases. They know how to scrutinize the evidence, file pre-trial motions, negotiate on your behalf to seek reduced charges or a dismissal and fight for you at trial. 

Their knowledge can help you avoid costly missteps, prevent unnecessary penalties, and reduce the potential impact on your livelihood and reputation. No matter what charges you’re facing, you should always work with a criminal defense lawyer. 

Should I Hire A Lawyer If I’m Innocent?

Even if you’re innocent, handling your case alone is risky. You might think you can simply explain what happened and the charges will go away, but people are always wrongly convicted. A dedicated lawyer understands how the justice system works and knows how to protect your rights at each step. 

Hiring an attorney increases your chances of being heard correctly, gathering strong evidence, and preventing misunderstandings that could lead to a wrongful conviction.

How Does a Newburgh, NY Defense Lawyer Investigate a Criminal Case?

A defense lawyer in Newburgh, NY investigates a criminal case by carefully collecting and reviewing evidence, interviewing witnesses, and preparing a strong legal strategy. Below is an overview of some of the important steps they take.

Gathering Initial Information 

The attorney starts by talking to you about what happened, listening to every detail you can offer. This will help them determine what steps need to be taken in your case. 

Reviewing Police Reports and Evidence 

Next, the lawyer will check the police reports for mistakes or inconsistencies. They will also examine all other evidence, including photos, videos, and forensic tests, to understand the full picture. They will undertake their own thorough investigation to collect evidence that will help prove your innocence. 

Interviewing Witnesses 

If there are witnesses, the attorney contacts and interviews them. This helps the lawyer see if conflicting stories or supportive details might help your defense.

Visiting the Crime Scene 

A visit to the crime scene can help the defense lawyer notice things the police might have overlooked. It also allows them to better grasp the locations of important evidence and events.

Consulting Experts 

In complex cases, the lawyer may speak with private investigators or experts in fields like forensics, ballistics, or psychology. These specialists can provide insight that strengthens your defense and clarifies technical details.

Developing a Defense Strategy 

After gathering all the facts, your lawyer will choose the plan of action that best protects your rights. This strategy might involve challenging evidence or filing motions to dismiss certain charges.

Negotiating with the Prosecutor 

Sometimes, the attorney will speak with the prosecutor to negotiate for a reduced charge or lighter sentence. The goal is to reach a fair resolution while limiting the risks of a trial.

Preparation for Trial 

If your case goes to trial, the lawyer organizes all evidence, arranges for witnesses to testify, and develops possible arguments. This step ensures you have the strongest defense possible when you enter the courtroom.

Can I Get Arrested If the Police Don’t Have an Arrest Warrant?

Yes, you can be arrested without a warrant under certain circumstances. Police can make a warrantless arrest if they have probable cause to believe you committed a crime, especially if the crime was committed in their presence or if there is an immediate public safety concern. 

In these cases, officers must be able to show that their actions were justified and based on sufficient evidence or urgent circumstances. If they cannot, any arrest they make without a warrant could be challenged in court.

Can the Police Conduct a Search Without a Warrant?

Generally, the police do need a search warrant to enter private property and seize items, but there are several exceptions. One common exception is consent: if you voluntarily let the police search your home or vehicle, no warrant is needed. 

Other exceptions include exigent circumstances, such as preventing the destruction of evidence or protecting public safety, and situations like a lawful traffic stop where they see illegal items in plain view. If an officer’s search doesn’t meet one of the recognized warrant exceptions, the evidence they find could be excluded from the case.

What’s the Difference Between a Misdemeanor and a Felony?

Misdemeanors and felonies in New York differ greatly in terms of the seriousness of the offenses and the punishments that can result. Below is an overview of each category under New York law.

Misdemeanors 

Misdemeanors are crimes that typically result in a sentence of 15 days up to one year in jail. In addition to potential jail time, misdemeanor convictions can include fines up to $1,000, depending on the specific offense. 

• Class A Misdemeanors can lead to sentences of up to 12 months behind bars. Offenses like forcible touching and assault in the third degree fall into this bracket. 
• Class B Misdemeanors carry possible sentences of up to 90 days of confinement, covering crimes like prostitution and harassment. 

In some cases, you could be charged with an unclassified misdemeanor. These offenses vary in their sentencing guidelines. Examples include aggravated unlicensed operation of a motor vehicle and reckless driving, where penalties can range depending on the circumstances. 

Felonies 

Felonies are considered more severe than misdemeanors, carrying potential prison sentences beyond one year. This category is split into different classes, each reflecting a higher or lower degree of seriousness: 

• Class A felonies can result in life imprisonment and include crimes like murder or first-degree arson. 
• Class B felonies can lead to up to 25 years of incarceration and include assault in the first degree and sex trafficking. 
• Class C felonies carry a maximum penalty of 15 years in prison, which can apply to offenses like aggravated weapon possession. 
• Class D felonies carry sentences of up to 7 years behind bars. Reckless assault of a child is one example of an offense in this class. 
• Class E felonies are punishable by up to 4 years in prison. This group includes crimes like defrauding the government.

If you have questions about misdemeanor or felony changes, contact us as soon as possible.

What is Bail? 

Bail is money or property that someone accused of a crime can pay to stay out of jail while waiting for their trial. If they pay bail, they promise to show up for all future court dates and follow any rules set by the judge. If they fail to appear or disobey these rules, the court may keep the bail money and issue a warrant for their arrest. 

The amount of bail depends on factors like the seriousness of the crime and whether the judge believes the person is likely to flee. In some cases, where the charges are particularly serious, bail won’t be set, and the defendant will have to remain in custody until the conclusion of the case. 

In other cases where the crime isn’t very serious and the defendant isn’t considered a flight risk or a danger to the public, they may be released on their own recognizance. This means they don’t have to pay anything to be released from custody. 

What’s a Plea Bargain? 

A plea bargain is an agreement where someone accused of a crime pleads guilty to a lesser charge or receives a lighter sentence in exchange for their plea. The prosecutor benefits by avoiding a full trial, and the defendant often faces fewer penalties than they might have if found guilty at trial. While plea bargains can be a faster way to resolve a case, it’s important to understand the long-term consequences before agreeing to anything. 

Should I Accept a Deal?

Deciding whether to accept a plea bargain depends on many factors, like the strength of the evidence, the potential penalties, and your comfort with pleading guilty to a crime. Sometimes, a plea deal reduces your sentence or clears some charges, making it a better option than risking a trial. However, you should always talk to an attorney first because accepting a plea means you give up certain rights, including the right to a full, public trial and often the right to an appeal.

What Should I Do if I Have Been Arrested for a Criminal Offense in Newburgh, NY?

Being arrested in Newburgh, NY can be overwhelming, but you do have rights and defenses that can help protect you. Below are some steps you should take if you find yourself in this difficult situation.

Remain Calm 

Try your best to stay composed when you’re taken into custody. Acting aggressively or arguing can worsen the situation and lead to additional charges. By staying calm, you help yourself think clearly about what to do next.

Use Your Right to Remain Silent 

When you’re arrested, the police should inform you of your right to remain silent. Avoid answering any questions or volunteering information until you have spoken with a lawyer. Anything you say could be used against you later in court.

Contact a Lawyer Immediately 

Reach out to a criminal defense attorney as soon as possible. Having legal counsel early on ensures your rights are protected, and your lawyer can guide you through the arraignment and bail process. They can also raise legal defenses, such as false accusations, self-defense, duress, and entrapment.

Avoid Discussing the Case with Anyone Else 

Do not talk about your arrest with friends, family members, or anyone other than your lawyer. Your phone calls and messages could be monitored or used as evidence. 

Attend All Court Dates 

Once you’re released, make sure you attend all scheduled court appearances. Missing one could result in a warrant for your arrest and additional legal trouble. Your attorney can keep you updated on the dates and any case developments.

If you have any questions about the process, contact us today to schedule a consultation. 

Contact Our Experienced Newburgh Criminal Defense Attorneys For Legal Help

If you’re facing criminal charges, it’s so important to have an experienced legal team on your side. Our experienced criminal defense lawyers are prepared to analyze your case in detail and develop a strong defense strategy to help prove your innocence. We’ll keep you updated every step of the way, providing you with our professional opinion on what’s best. Don’t try to handle this alone. 

Contact Larkin Ingrassia, PLLC to schedule a consultation with a Newburgh criminal defense lawyer.