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Queens Violent Crimes Attorney

Assault Charges / Violent Crimes

A conviction for committing a violent crime in New York can negatively impact your social, professional and financial well-being, along with immediately leading to harsh repercussions, including jail time and fines. Violent crimes also have a tendency to be fabricated by accusers, leading to an uphill legal battle to forces you to refute the allegations and prove your innocence.

Because of this, hiring a criminal defense attorney who is experienced in defending accusations of violent crimes may be your best option for avoiding the most severe punishments.

Queens Violent Crime Defense Attorney

Contact the Law Office of Rochelle S. Berliner if you have been charged with a violent crime in all areas of New York, including Queens, Brooklyn, Manhattan and the Bronx. Rochelle S. Berliner is experienced in defending assault and violent crime accusations, and will make every effort to fight the allegations against you. Call 718-261-5600 for a consultation about your alleged assault or violent crime.

Rochelle S. Berliner works on many different areas of violent crimes, including a strong focus on felony assault, which can come with extremely harsh sentencing if convicted. This includes extended jail sentences and hefty fines, so having a qualified attorney is vital in avoiding these potential sanctions.

She also works with those accused of the lesser assault charge, misdemeanor assault. Although less severe than its felony counterpart, a misdemeanor assault charge can have major negative ramifications on your Professional, social, and financial well-being.

This also extends to kidnapping, which is a hot-button issue that tends to be politically charged and prone to subjective judgements. With this being the case, Rochelle has made certain to become well-versed in NY laws dealing with this area and will use this knowledge to develop a strong defense for your particular situation.


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Assault Crime Statutes Under New York Law

Felony Assault in the First or Second Degree under New York Penal Law §§ 120.05 and 120.10. Felony assault is intentionally or recklessly causing physical injury to another person. It can be either a class D or B violent felony depending on whether a weapon was used, the age of the victim, where the offense occurred, the age of the offender, the nature of the injuries and the intent of the offender.

Reckless Assault of a Child occurs when a person 18 or older recklessly causes serious injury to the brain of a child less than five years old by shaking, slamming or throwing the child’s head against a hard surface or object, according to New York Penal Law § 120.02. This offense is a class D violent felony.

Gang Assault in the First and Second Degrees, under New York Penal Law §§120.07 and 120.06. Gang Assault in the First Degree occurs when a person, aided by two or more other persons actually present, and with the intention to cause serious physical injury to another person, causes serious physical injury to that person or a third person. Gang Assault in the Second Degree requires physical injury, rather than serious physical injury.

Under the law (Penal Law § 10.00[9]), physical injury means impairment of physical condition or substantial pain; serious physical injury (Penal Law § 10.00[10]), means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement. Gang Assault in the First and Second Degrees are considered class B and C violent felonies.

Assault in the Third Degree, under New York Penal Law § 120.00, is a class A misdemeanor and occurs when a person intentionally causes physical injury to a person, recklessly causes physical injury to a person, or negligently causes physical injury to another person with a deadly weapon or a dangerous instrument. Assault in the Third Degree typically is charged in the case of a fist fight or in a domestic dispute.


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Robbery Statutes Under New York Law

Robbery in the First, Second and Third Degrees, under New York Penal Law §§ 160.15, 160.10 and 160.05, involve stealing by force or the threat of force against a person to prevent their resistance to their property being taken, or to make them delivery property, with the intent to take the property from the rightful owner.

Robbery in the Second Degree adds the element of a person being aided by another actually present in the commission of the robbery, or causing physical injury to a non-participant in the crime, or displaying what appears to be a firearm or when the property is a motor vehicle.

Robbery in the First Degree adds the element of causing serious physical injury to a non-participant in the crime, or being armed with a deadly weapon, or using or threatening the use of a dangerous instrument or displaying what appears to be a firearm. Robbery in the First and Second Degrees are considered class B and C violent felonies; Robbery in the Third Degree is considered a class D non-violent felony.


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Burglary Statutes in New York

Burglary in the First, Second and Third Degrees, as defined in New York Penal Law §§ 140.30, 140.25 and 140.20, occurs when a person knowingly enters or remains unlawfully in a location with the intent to commit a crime therein.

Under Burglary in the First Degree, that location must be a dwelling (a home) and, while in the dwelling or in flight from the dwelling, the person committing the burglary must be armed with explosives or a deadly weapon, or causes physical injury to a non-participant of the crime, or uses or threatens the use of a dangerous instrument or displays what appears to be a firearm.

Under Burglary in the Second Degree, the location must be a dwelling. If the location is a building and not a dwelling, then the person committing the burglary must be armed with explosives or a deadly weapon, or causes physical injury to a non-participant of the crime, or uses or threatens the use of a dangerous instrument or displays what appears to be a firearm.

Under Burglary in the Third Degree, the location must be a building and the person committing the burglary must knowingly enter and remain unlawfully in the building with the intent to commit a crime therein. Burglary in the First and Second Degrees are considered class B and C violent felonies. Burglary in the Third Degree is a class D non-violent felony.


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Murder Statutes in NY

Murder in the First and Second Degrees, under New York Penal Law §§ 125.27 and 125.25, occurs when someone causes the death of another.

Under Murder in the First Degree, the intended victim must be a police officer engaged in performing his official duties and the defendant must know or reasonably should know that the victim is a police officer, or the intended person was a peace officer.

Under Murder in the Second Degree, the defendant causes the death of the intended person or a third person either intentionally, or with a depraved indifference to human life or in the course of committing certain other named felonies. Murder in the First Degree and Murder in the Second Degree are both class A-I violent felonies.


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Manslaughter Statutes under New York Law

Manslaughter in the First and Second Degrees, as defined in New York Penal Law §§ and 125.20 and 125.15, occurs when a person recklessly causes the death of another person, intentionally causes or aids another person in committing suicide, causes the death of a person while acting with extreme emotional disturbance, or causes death of a person when intending to cause physical injury to that person.

Manslaughter in the First and Degree is a class B violent felonies; Manslaughter in the Second Degree is a class C non-violent felony.


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Homicide Statutes in New York

Criminally Negligent Homicide, under New York Penal Law § 125.10, occurs when a person causes the death of another person when acting with negligence. This offense is considered a class E non-violent felony.


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Kidnapping Statutes under NY Law

Kidnapping in the First and Second Degrees, under New York Penal Law §§ 135.25 and 135.20, occurs when someone abducts another person. Kidnapping in the First Degree adds three additional elements:

  • where the kidnapper’s intent is to compel a third person to pay or deliver a ransom or to engage in some other conduct, or
  • when the kidnapper restrains the abducted person for more than 12 hours with the intent to:
    • inflict physical injury or sexual abuse; or
    • accomplish or advance the commission of a felony; or
    • terrorize the abductee or a third person; or
    • interfere with the performance of a government or political function, or
  • when the abducted person dies during the abduction or before his return to safety.

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Reckless Endangerment Statutes in New York

Reckless Endangerment in the First and Second Degrees, under New York Penal Law §§ 120.20 and 120.25. To be guilty of Reckless Endangerment in the First Degree, a defendant, under circumstances evincing a depraved indifference to human life, must recklessly engage in conduct which creates a grave risk of death to another person.

To be guilty of Reckless Endangerment in the Second Degree, a defendant must recklessly engage in conduct which creates substantial risk of serious physical injury to another person.

These crimes typically are charged when a defendant leads the police on a high speed chase. Reckless Endangerment in the First Degree is a class D non-violent felony. Reckless Endangerment in the Second Degree is a class A misdemeanor.


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Unlawful Imprisonment Statutes in NY

Unlawful Imprisonment in the First and Second Degrees, under New York Penal Law §§ 135.10 and 135.05, occurs when a person restrains another person. Unlawful Imprisonment in the First Degree adds the element in which that restraint causes the risk of serious physical injury. Unlawful Imprisonment in the First Degree is a class E non-violent felony. Unlawful Imprisonment in the Second Degree is a class A misdemeanor.


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Punishments for Assault or Violent Crimes in New York

New York’s Penal Law outlines sentencing guidelines in Articles 70 and 80 for the maximum penalties a convicted misdemeanor or felony offender can receive. However, depending on the severity of the offense, whether the offense is a violent or non-violent felony, whether the offender was a juvenile, youthful offender, persistent or violent offender, and the number of prior convictions the offender has, the length of imprisonment and/or fines may change.

  • Class A felonies can lead to life imprisonment
  • Class B felonies can result in imprisonment for up to 25 years (for someone who is not a mandatory violent felon);
  • Class C felony convictions can result in imprisonment up to 15 years (for someone who is not a mandatory violent felon), as well as 3-5 years of probation;
  • Class D felonies can result in imprisonment for up seven years imprisonment (for someone who is not a mandatory violent felon) and  a sentence of 3-5 years on probation;
  • Class E felonies can result in imprisonment for up to four years (for someone who is not a mandatory violent felon), and probation for 3-5 years;
  • Class A misdemeanors cannot exceed one year imprisonment and/or fines not more than $1,000 but can include a probation sentence between 2 and 3 years; and
  • Class B misdemeanor convictions can result in three months imprisonment, and/or fines not exceeding $500.

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Violent Crime Defenses

An attorney who is experienced in New York laws will be able to identify if there are any potential defenses to your alleged violent crime. Examples of defenses to violent crimes include:

  • Justification — an act that would otherwise be considered a criminal offense is not if the conduct was required or authorized by law, performed during the course of a public servant’s duties, or is a necessary emergency measure to prevent public or private injury that is highly likely to occur in the immediate future.
  • Extreme Emotional Disturbance — an affirmative defense in a homicide prosecution where the defendant claims he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse. The reasonableness is determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.
  • Self Defense — A person can defend themselves with deadly force, with no duty to retreat from someone using force against them, if they reasonably believed the person’s conduct was likely going to cause death or serious bodily injury. A person can also use non-deadly force if they reasonably believed it was necessary to defend themselves against someone’s conduct against them.
  • Defense of Another Person — A person may use physical force against another person if they reasonably believed force was necessary to defend a third party against the immediate harm from that person. Deadly force may be used if the person using deadly force reasonably believed death or serious body injury was going to happen immediately to the person they defended. The person using deadly force may have a duty to retreat if they are able to do safely.
  • Defense of Property — A person can use force against a person they reasonably believed was committing or about to commit damage to property. A person may use deadly force to prevent arson. A person can also use justifiable deadly force against an intruder they reasonably believed was going to commit a crime who unlawfully enters their home, residence or occupied vehicle; there is no duty to retreat.

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Resources for Violent Crimes and Assault in New York

New York State Office of Victim Services – OVS is a state government department that provides compensation to violent crime victims, provides for services for victims of violent crimes through community-based programs, and advocates for the rights and benefits of violent crime victims. The Brooklyn office location is at:

Brooklyn Office of Victim Services
55 Hanson Place
10th Floor
Brooklyn, New York
Phone: (718) 923-4325

City of New York Police Department – New York’s Finest serves and protects the citizens by monitoring enforcing regulation of criminal activity in all five boroughs in New York City. This site provides information about the most wanted criminals, missing persons, criminal records and other information about crime in the community.


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Law Office of Rochelle S. Berliner | Queens Violent Crimes Attorney

If you have been charged with assault or another violent crime in New York City, including Queens, Brooklyn, the Bronx and Manhattan, or in Nassau or Suffolk Counties, call the Law Office of Rochelle S. Berliner at 718-261-5600.

Rochelle S. Berliner is knowledgeable in all areas of New York’s violent crimes, and is dedicated to helping you avoid serious penalties and repercussions. Contact the Law Office of Rochelle S. Berliner today for a consultation about your alleged assault or violent crime. From disorderly conduct to aggravated robbery, Ms. Berliner can use her experience and passion to defend you.

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

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