Violent Crime Defense in New York's Capital Region

Violent crime charges are among the most aggressively prosecuted offenses in New York. A conviction can carry mandatory state prison time, a permanent felony record, and consequences that reach into every area of your life — employment, housing, family, and freedom. Prosecutors and judges treat these cases with urgency, and so should you.

At Ianniello Chauvin, LLP, we defend individuals facing violent crime charges across Saratoga Springs, Clifton Park, Albany, and Glens Falls. Our attorneys bring more than 100 years of combined legal experience, including former prosecutors who spent years on the other side of the courtroom building the same types of cases they now dismantle. Managing Partner Matthew E. Chauvin served as an Assistant District Attorney in Saratoga County — experience that gives us direct insight into how the prosecution evaluates evidence, structures charges, and makes plea decisions in violent crime cases.

We are available 24 hours a day, 7 days a week. If you or someone you know has been arrested or charged with a violent crime in New York, contact us immediately for a free, confidential consultation.

Violent Crime Charges We Defend

New York’s Penal Law defines a range of violent offenses, each carrying different classifications and sentencing ranges. The charge you face depends on the alleged conduct, the severity of injury, the use of a weapon, and your prior criminal history. We defend clients against all of the following.

Assault

Assault charges in New York escalate rapidly based on the degree of injury and the circumstances of the incident.

Assault in the Third Degree (Penal Law § 120.00): A Class A misdemeanor punishable by up to 1 year in jail. This is the most common assault charge, covering intentional or reckless physical injury to another person.
Assault in the Second Degree (Penal Law § 120.05): A Class D felony carrying 2 to 7 years in state prison. Applies when serious physical injury results or when a weapon is used, among other aggravating factors.
Assault in the First Degree (Penal Law § 120.10): A Class B violent felony with a sentencing range of 5 to 25 years in state prison. Reserved for cases involving serious physical injury caused intentionally with a deadly weapon or dangerous instrument.

Assault charges frequently accompany DWI arrests when an alcohol-related accident causes physical injury to another person. These overlapping charges compound the legal exposure significantly.

Weapons Charges

New York has some of the strictest firearms and weapons laws in the country. Possessing an unlicensed weapon — or carrying a licensed weapon in a prohibited manner — can result in serious felony charges.

Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265.01): A Class A misdemeanor punishable by up to 1 year in jail. Covers possession of certain prohibited weapons including switchblades, gravity knives, and brass knuckles.
Criminal Possession of a Weapon in the Second Degree (Penal Law § 265.03): A Class C violent felony carrying 3.5 to 15 years in state prison. This is the primary charge for loaded firearm possession outside the home or place of business without a valid permit — a charge prosecuted aggressively in the Capital Region.
Criminal Possession of a Weapon in the First Degree (Penal Law § 265.04): A Class B violent felony punishable by 5 to 25 years in state prison. Applies to possession of ten or more firearms or an explosive or incendiary bomb.

Robbery

Robbery is theft accomplished by force or the threat of force. All robbery charges are felonies in New York.

Robbery in the Third Degree (Penal Law § 160.05): A Class D felony carrying up to 7 years in prison. The base robbery charge — forcible stealing from another person.
Robbery in the Second Degree (Penal Law § 160.10): A Class C violent felony with a sentencing range of 3.5 to 15 years. Applies when the defendant is aided by another person, causes physical injury, or displays what appears to be a firearm.
Robbery in the First Degree (Penal Law § 160.15): A Class B violent felony carrying 5 to 25 years in prison. Charged when a deadly weapon is used, serious physical injury results, or the victim is forced to ingest a drug or substance.

Domestic Violence

New York does not have a standalone domestic violence statute. Instead, acts of domestic violence are prosecuted under existing criminal charges — assault, strangulation, harassment, menacing, and criminal contempt — with the domestic relationship between the parties treated as an aggravating factor.

Key considerations in domestic violence cases:

Mandatory arrest: New York law requires police to make an arrest when a felony or certain misdemeanor offenses are committed between family or household members. Officers have no discretion to issue a warning or walk away.
Orders of protection: Courts routinely issue temporary and full orders of protection in DV cases, which can restrict where you live, who you contact, and your access to your own children — often before any finding of guilt.
Aggravated Family Offense (Penal Law § 240.75): A Class E felony carrying up to 4 years in prison. Applies when the defendant has a prior domestic violence conviction within the preceding five years. This elevates what might otherwise be a misdemeanor to a felony.

Homicide and Manslaughter

Homicide charges carry the most severe penalties in New York’s criminal justice system.

Manslaughter in the Second Degree (Penal Law § 125.15): A Class C felony with a sentencing range of 3.5 to 15 years. Covers reckless conduct that causes another person’s death.
Manslaughter in the First Degree (Penal Law § 125.20): A Class B felony carrying 5 to 25 years in state prison. Applies when the defendant intends to cause serious physical injury that results in death, or when death occurs during the commission of certain unlawful acts.
Murder in the Second Degree (Penal Law § 125.25): A Class A-I felony punishable by 15 to 25 years to life in prison. The standard murder charge for intentional killing.
Murder in the First Degree (Penal Law § 125.27): A Class A-I felony carrying 20 to 25 years to life, or life without parole. Reserved for specific aggravating circumstances including the killing of a police officer, murder for hire, or murder committed during certain felonies.

How We Defend Violent Crime Cases

Every violent crime case has a different factual landscape, but our defense approach is built on the same foundation: identify every weakness in the prosecution’s case and exploit it. Our former-prosecutor experience means we know how District Attorney offices build violent crime cases — what evidence they rely on, where their assumptions are weakest, and which procedural shortcuts can be challenged.

Common defense strategies we employ include:

Self-defense (Penal Law Article 35): New York recognizes the right to use physical force to defend yourself or others. Self-defense is an affirmative defense, meaning the burden shifts to the defendant to establish its applicability — but once raised, the prosecution must disprove it beyond a reasonable doubt. New York imposes a duty to retreat when possible, with the important exception of the Castle Doctrine, which permits the use of deadly force within your own home when you reasonably believe an intruder intends to use deadly physical force.
Challenging intent: Many violent crime charges require the prosecution to prove a specific mental state — intentional, knowing, or reckless conduct. We challenge whether the evidence actually supports the required level of intent.
Witness credibility: Violent crime cases frequently depend on eyewitness testimony, which is notoriously unreliable. We investigate witness backgrounds, identify inconsistencies in statements, and challenge identification procedures.
Suppression of evidence: If law enforcement obtained evidence through an illegal search, coerced statements, or violated your constitutional rights during the investigation, we file motions to suppress that evidence — potentially gutting the prosecution’s case.
Challenging forensic evidence: DNA, ballistics, and other forensic evidence are not infallible. We review lab procedures, chain of custody, and the qualifications of analysts to identify errors or procedural failures.
Negotiating reduced charges: When a full acquittal is not the most realistic outcome, our knowledge of how prosecutors evaluate cases allows us to negotiate effectively — reducing a violent felony to a lesser charge that avoids mandatory prison time.

When Violent Crime Charges Overlap with Other Legal Matters

Violent crime charges rarely exist in isolation. A DWI arrest that involves a car accident with injuries can lead to vehicular assault or vehicular manslaughter charges on top of the DWI itself. Situations involving drugs or controlled substances may carry both drug charges and violent crime charges simultaneously. And when someone is injured as the result of another person’s criminal conduct, the same incident can give rise to a personal injury claim in civil court — a separate legal proceeding with different rules and different stakes. If you are facing a DWI charge alongside violent crime allegations, the combined legal exposure demands an attorney who can manage both simultaneously. Our firm handles criminal defense and personal injury matters, which means we can address every dimension of your case under one roof.

Frequently Asked Questions About Violent Crime Charges in New York

What is the difference between assault and aggravated assault in New York?

New York does not use the term “aggravated assault” as a standalone charge. Instead, assault is classified by degree. Assault in the Third Degree is a misdemeanor involving physical injury. Assault in the Second Degree is a felony involving serious physical injury or the use of a weapon. Assault in the First Degree is a violent felony involving intentional serious injury with a deadly weapon. The degree charged depends on the severity of injury, the means used, and the circumstances of the incident.

Can I claim self-defense if I am charged with assault?

Yes. Self-defense under Penal Law Article 35 is an affirmative defense available to anyone who used reasonable physical force to protect themselves or another person from what they reasonably believed was the imminent use of unlawful physical force. However, New York imposes a duty to retreat when you can do so safely — with the exception of the Castle Doctrine, which eliminates the retreat obligation inside your own home. Successfully raising a self-defense claim requires evidence supporting your reasonable belief that force was necessary.

What happens if I am charged with a violent felony in New York?

Violent felonies carry mandatory minimum prison sentences under New York law. Unlike non-violent felonies, where a judge may have discretion to impose probation or a shorter sentence, violent felony convictions require a determinate prison term. A Class D violent felony carries a minimum of 2 years. A Class C violent felony carries a minimum of 3.5 years. A Class B violent felony carries a minimum of 5 years. These are not negotiable at sentencing — which is why the defense strategy and any plea negotiations that happen before trial are critical.

Are domestic violence charges always felonies?

No. Because New York does not have a standalone domestic violence statute, the charge depends on the underlying conduct. Harassment and menacing in the third degree are violations or misdemeanors. Assault in the third degree is a misdemeanor. However, strangulation charges, second-degree assault, and any case where the Aggravated Family Offense statute (Penal Law § 240.75) applies due to a prior DV conviction within five years will be charged as felonies. The specific facts of the incident and the defendant’s criminal history determine the classification.

Can violent crime charges be reduced or dismissed?

Yes, depending on the facts and the strength of the evidence. Charges can be reduced through plea negotiations — for example, an assault in the second degree charge may be reduced to assault in the third degree, converting a felony to a misdemeanor and eliminating mandatory prison time. Charges can also be dismissed entirely if the evidence is insufficient, if key evidence is suppressed due to constitutional violations, or if witnesses are unavailable or not credible. An experienced defense attorney evaluates every possible avenue for reduction or dismissal before advising on strategy.

Protect Your Freedom — Contact Us Now

Violent crime charges demand immediate, experienced legal representation. The prosecution begins building its case the moment you are arrested — and every hour without an attorney is an hour you cannot get back. At Ianniello Chauvin, LLP, we provide free, confidential case evaluations to individuals facing violent crime charges across Saratoga County, Albany County, Warren County, and the surrounding Capital Region.

Call us now or submit a consultation request online. We are available 24/7.

Violent Crime Defense Attorneys in Saratoga Springs, NY