NYC Criminal Defense Lawyer

New York City Criminal Defense Attorney

An arrest for any criminal charge can be a daunting and life-changing experience. Whether you broke the law and are afraid of the consequences you could face, or you have been wrongfully accused of a crime you did not commit, a New York City criminal defense lawyer can be the most valuable asset you can have on your side in this difficult situation. The right attorney can protect your rights and help you develop an effective defense strategy.

Experienced Criminal Defense Counsel in New York City

Koch Law, PLLC, offers aggressive and results-driven criminal defense counsel for a wide range of charges in New York City. In one of the busiest cities on the planet, the criminal justice system handles thousands of cases per year, and it is vital for every defendant charged with breaking the law to know and exercise their constitutional rights. Your New York City criminal defense lawyer can help you understand the proceedings ahead and approach them with confidence.

It is crucial to exercise your right to defense representation, regardless of the apparent severity of the charges filed against you. While the prosecution has the burden of proving your guilt, do not assume this means you can be passive and hope their case falls apart on its own, even if you know you have done nothing wrong. Circumstantial evidence and other factors may make a defendant appear guilty when they are not, so it’s vital to be proactive with your defense.

Your New York City criminal defense lawyer can help you determine the most viable defenses available to you. If you have been wrongfully accused of a crime you did not commit, you may need to establish an alibi and provide evidence and witness testimony that contradicts the prosecution’s case. You may also need to challenge the admissibility of the prosecution’s evidence and the credibility of their witnesses’ testimony.

If you have committed a crime, your defense attorney can still provide invaluable assistance in many ways. The prosecution may not have enough evidence to prove guilt beyond a reasonable doubt, or procedural violations from the police or prosecution may have compromised the integrity of the case. Your attorney may also assist you with negotiating a lighter sentence and/or reduced charges through the plea bargaining process if necessary.

Ultimately, it is crucial to have the right attorney representing you if you want to reach the optimal outcome for your upcoming criminal case. Koch Law, PLLC, can respond immediately to your request for defense representation, review the charges against you and the police’s handling of your arrest, and work closely with you to determine your most viable defense strategies against a wide range of criminal charges.

Know Your Rights During an Arrest in New York City

Whenever an American citizen is arrested for a crime, two very important constitutional rights come into play in this situation. The Fifth Amendment protects against self-incrimination, and the Sixth Amendment ensures your right to defense counsel. As soon as you are placed under arrest, the arresting officer must read you your Miranda rights, which is a brief explanation of these two constitutional rights. Pay close attention and exercise them fully.

When it comes to your right to remain silent, do not make the mistake of assuming that remaining silent makes you appear more guilty, and do not assume that you can explain your way out of an arrest even if you know you have done nothing wrong. Anything you say to the police could be used against you later, even seemingly innocent statements taken out of context. Remain silent and comply with arresting officers’ instructions until you can speak to a lawyer.

After arrest and booking, you should be able to contact a New York City criminal defense lawyer to represent you. Your attorney can meet with you and review the details of the arrest, and they will verify that the police followed due process and respected your rights. At this point, your case could go in many different directions, so having experienced defense counsel on your side will be an invaluable asset going forward.

In the event that the police do not read you your rights or if any other due process violations occur, these are major issues that must be brought to the attention of the court. Your New York City criminal defense lawyer can leverage these issues on your behalf, and in some cases, it is possible to show that a criminal case has been compromised by procedural violations, resulting in a judge throwing the case out of court. Remember, it is not a guarantee, just a possibility.

Types of Criminal Cases We Represent in New York City

When you are searching for a New York City criminal defense lawyer to represent you, it is crucial to not only choose a lawyer with proven criminal defense experience, but also specific experience pertinent to your current case. For example, if you have been arrested for driving under the influence (DUI) of drugs or alcohol, you need an attorney who has a proven record of successfully defending DUI defendants.

At Koch Law, PLLC, we maintain a small caseload to ensure that each of our clients has our complete attention when we accept their cases. We carefully review our client’s arrest report, their criminal record, and all other documentation and evidence necessary to formulate the most effective defense strategies. We can provide robust defense counsel for a wide range of offenses, including:

DUI

This is one of the most commonly prosecuted criminal acts in New York City, and the penalties for conviction can include heavy fines, incarceration, and loss of driving privileges. These penalties increase with multiple offenses or when a defendant has caused injury or death by causing a drunk driving accident.

We can assist you with your defense in a DUI case by challenging the grounds the arresting officer used to conduct your traffic stop, highlighting chain of custody violations with your chemical test sample, or proving you gave a false positive with your chemical test due to a medical condition or incorrect administration of the test.

Drug Offenses

Drug-related criminal offenses are very common in New York City, and the penalties for conviction typically depend on the Schedule of the drug, the quantity the defendant had on their person when they were arrested, and whether there is evidence that they intended to sell or distribute the drugs.

Penalties for drug crimes in New York City can include fines, jail time, mandatory substance abuse treatment, and more. Generally, the higher the Schedule of the drug and the greater the quantity, the more serious the defendant’s penalties will be if they are convicted. Schedule I drugs incur the most severe penalties, but it is still possible to face serious punishment for lower Schedule drugs.

Immigration Law Violations

Unique legal situations can arise when an immigrant commits a crime in the United States. Depending on their immigration status, penalties for conviction may include the inability to apply for permanent visas or even deportation. Koch Law, PLLC, has specific experience handling complex immigration cases and can provide a level of defense counsel for these cases that few other attorneys can match.

Theft and Property Crimes

Theft crimes are prosecuted based on the value of property stolen as well as the type of property stolen. For example, there are special rules that apply when the defendant is charged with theft of a vehicle or of a firearm. Our team can also provide criminal defense counsel for intellectual property violations, identity theft, and other criminal charges related to the theft of intangible assets.

Domestic Violence and Protective Order Cases

Domestic violence cases not only lead to criminal court proceedings but can also lead to difficult family court issues, such as loss of custody or visitation rights. If you have been accused of any type of domestic violence or of violating a protective order, the outcome of this case has the potential to impact the rest of your life and your relationships with family members. We can help you prove the truth of the situation and guide you through your difficult proceedings.

Sex Crimes

Sex crimes such as sexual assault, rape, and sexual acts with minors incur very serious penalties in New York City. Defendants may not only face fines, jail time, and compulsory sex offender registration, but they may also owe restitution to victims. These are incredibly sensitive cases that require the attention of experienced defense counsel, and the effects of such a case have the potential to impact the defendant’s life in many ways for years to come.

Fraud

“Fraud” is a relatively broad term that can apply to any act meant to deceive another party for financial gain — wire fraud, check fraud, phishing scams, and more serious fraud involving government programs such as Social Security, Medicare, and unemployment benefits. If you have been charged with fraud, you may not only face fines and incarceration if convicted but also be required to repay the amount stolen.

White Collar Crime

The term “white collar crime” broadly applies to a wide range of financial crimes that often occur in the business world. Some of these offenses pertain to violations of federal regulations, such as insider trading or securities fraud, and others involve defrauding clients and customers. White collar crime cases may also pertain to individuals stealing from their employers through embezzlement, and many of these cases are inherently complex.

Cybercrime

Crimes in cyberspace have grown increasingly common over the last several decades, and these cases are inherently challenging due to the complexity of the systems they often involve. Koch Law, PLLC, has a unique level of experience handling these cases and excels at defending clients embroiled in cybercrime cases, the particulars of which many court officials and jurors will simply not understand.

These are just a few examples of the types of cases our firm handles on a regular basis for clients throughout New York City. When you choose our firm to defend you, we can immediately investigate the details of your case, the circumstances under which you were arrested, and the evidence that has been compiled against you. The sooner you contact us after your arrest, the sooner we can begin building an effective defense on your behalf.

Important Steps in Your Criminal Case

After your arrest and booking in New York City, you can make phone calls to notify your family of your situation and reach out to defense counsel. When you hire Koch Law, PLLC, to defend you, we can immediately begin our investigation of your case, confirm that the police handled your arrest and booking appropriately and that your rights have been respected through all interactions with the criminal justice system, thus far.

At your preliminary hearing, a judge will formally read the charges against you and give you the opportunity to enter a plea. It’s possible for a defendant to plead guilty, at which point the case will proceed to sentencing, or they may plead not guilty, and a trial will ensue. In every criminal case in the United States, conviction requires the prosecution to prove the defendant’s guilt beyond a reasonable doubt.

This is a higher standard of proof than many people realize and requires careful leveraging of evidence and witness testimony. The prosecution must obtain all evidence through legal means and ensure admissibility. A defense attorney may challenge whether particular pieces of evidence are eligible for consideration, and it is possible to have evidence and witness testimony removed from the case on various procedural grounds.

Ultimately, if you are forced to defend yourself in court, the prosecution will attempt to prove that you are guilty beyond a reasonable doubt as your defense attorney attempts to prevent them from accomplishing this. Both parties will be required to exchange evidence and testimony through the discovery process, and both parties will have the opportunity to present admissible evidence, cross-examine witnesses, and make statements in courtroom proceedings.

In a jury trial, the standard of proof of guilt beyond a reasonable doubt requires the jury to find the defendant guilty by unanimous verdict. In a case involving multiple charges, it is possible for the jury to find a defendant guilty of some charges and not guilty of others. It is also possible that the defendant and their attorney could present a strong enough case to sway the jury into believing that the defendant could not have committed the crimes, resulting in acquittal.

Potential Benefits of Plea Bargaining

For most defendants in the New York City criminal justice system, case dismissal or acquittal are likely to be their preferred outcomes, but when a defendant has broken the law and the prosecution has the evidence they need to secure a conviction, these are no longer options. However, all hope is not lost for a defendant in this situation, as they may have the opportunity to avoid the worst possible penalties for their offense through the plea bargaining process.

Plea bargains are not offered to every defendant, and it is rare for defendants to be offered plea deals in very serious cases, especially those involving violent offenses and extreme acts of moral turpitude. However, if the prosecution believes they have a very strong case and conviction is certain, they may wish to conserve court resources and streamline case proceedings by offering a plea deal.

The plea bargaining process involves the prosecution offering lighter penalties, reduced charges, or even dropped charges in exchange for the defendant entering an immediate guilty plea. This removes the need for protracted courtroom proceedings and greatly speeds up the case’s progress through the criminal justice system. For example, a plea bargain may mean the difference between a misdemeanor or felony conviction, each with very different penalties.

Your New York City criminal defense lawyer can help you understand whether a plea bargain would suit your interests. If you have broken the law, no due process violations have occurred, and you have minimal room to argue against the charges that have been filed against you, then a plea bargain could be your optimal choice for resolving your case. In this situation, you need a legal advocate who can help you secure the most favorable deal with the prosecution.

What to Expect From Your New York City Criminal Defense Lawyer

Koch Law, PLLC, has extensive professional experience handling a wide variety of criminal cases for clients throughout New York City. Exercising your constitutional right to legal counsel is one of the most important steps you can take in navigating a complex criminal case. Regardless of whether you committed the crime or have been wrongfully accused, you need an attorney you trust to help you reach the optimal outcome for your case.

Our firm can work diligently to build an effective defense on your behalf. We have years of experience guiding clients through the New York City criminal court system, and we know how judges approach all types of cases, as well as the tactics prosecutors use in their efforts to secure convictions. It is vital to start building your defense as quickly as possible after an arrest, so reach out to a New York City criminal defense lawyer you trust right away.

FAQs

Koch Law, PLLC, aims to provide support and reassurance for your upcoming criminal case in New York City. It’s natural to feel overwhelmed after an arrest, as though the entire criminal justice system is pitted against you. With our firm’s assistance, you can feel more confident, and you will have a dedicated advocate to defend you through every step of your case. Contact us today and schedule your consultation with a New York City criminal defense lawyer.