Defining violent crime is more complicated than many people think. The best way to try to understand is to think about it as being its own category, different than other crimes
Two ways to categorize violent crimes have developed. One way is to follow the FBI’s definition, which considers violent crime to be
(1) Murder and Manslaughter, (2) Forcible Rape, (3) Robbery, and (4) Aggravated Assault.
In New York, laws that say what is illegal are spelled out in the New York Penal Code. The Penal Code of New York lists Murder, Forcible Rape, Robbery, and Aggravated Assault as violent crimes. In addition to these, the Penal Code also considers felony gun possession, burglary, kidnapping, and most sexual assaults to be violent crimes.
In New York, prison time for violent crime is considered to be “determinate.” That means the judge sets the sentence in fixed years, and the convicted has to serve that time. For non-violent crimes, the sentence is “indeterminate,” which means the judge can only set a range of prison time, and the range is determined by statute. It is up to the parole board to determine how much of that range the person must serve.
According to the latest FBI statistics, violent crime in New York is dropping. The suggested reasons are varied and too many to go into depth here. Because of aggressive policing though, people often find themselves in situations where the NYPD has aggressively pushed to make an arrest for the sake of closing the case.
At that point, the case becomes the problem of the District Attorney’s Office. The danger in these situations of aggressive haste by the NYPD to make an arrest is that mistakes are made, and the wrong person is arrested. When that happens, only a violent crime attorney from Bukh and Associates can help.
The BUKH LAW FIRM represents individuals all over the New York City region who are facing violent criminal charges. Our attorneys are well-known in the entire Tri-State area for top of the notch defense. We’ve successfully represented and defended cases of:
- MURDER, HOMICIDE, and MANSLAUGHTER
- VEHICULAR MANSLAUGHTER
- SEXUAL ASSAULT
- ASSAULT and BATTERY
- Gang-related incidents of violence
- WEAPONS CHARGES
- GUN VIOLENCE
Don’t wait for your case to be tried in the court of public opinion. Call us today. Our violent crimes team conducts pre-trial investigations looking for all possible loopholes and “outs” that can be used to negotiate with the prosecution. It is our goal to convince prosecutors to reduce sentences and (where possible) dismiss charges before the case even gets to trial. However, should a trial become imminent we are there for you through the end.
Bukh Law Firm are hands-on and fierce advocates throughout the criminal process, from arraignment to sentencing. Our violent crimes defense attorneys are the best criminal trial lawyers that your money can buy. Call us today at (800) 601-0207. We’re here to help.