Our Firm will represent you with regard to all aspects of the criminal process- from arraignment to plea negotiation to trial, if necessary. We will aggressively defend your rights in order to get you the most favorable deal possible or to get your case dismissed. Regardless, we provide the personal service you will need when facing a criminal prosecution. We practice in both State Court (all five boroughs) and Federal Court (Southern and Eastern District of New York).
If you have been arrested and charged for any of the following, please contact our firm for a free initial consultation.
- Drug Possession and Sale
- Domestic Violence
- Gun/Weapons Possession
- Credit Card Fraud
- Identity Theft
- Violations of Orders of Protection
- Theft/ Larceny
- Vehicular Crimes
- DMV Refusal Hearings
- Vehicle Seizure- OATH Hearings
- Possession of Stolen Property
In addition, if you are the subject of a criminal investigation or have an outstanding bench warrant, contact our firm so that we can defend you accordingly.
Felony Classification and Violent Crimes
Obviously, the more serious the crime the more serious the time. New York classifies felonies from E to A, with A being the most serious.
New York further classifies felonies as “violent” or “non-violent.” The Penal Law contains classifications for all felonies and is too voluminous to reproduce here, but some of the most common are as follows, all of which are classified as violent felony offenses and therefore subject to enhanced sentencing.
As a former prosecutor Mr. Prestia has an intimate knowledge of the inner workings of the criminal justice system. Mr. Prestia uses this experience to procure dismissals, favorable plea bargains or the best possible trial defense for his clients.
Types of Felony Sentences
Essentially there are two types of sentences in New York: “determinative” and “indeterminative.” Determinative sentences run for a specific period, such as eight years. Indeterminative sentences run for a range from a minimum to a maximum, such as fifteen to life.
Remember, finally, that how much of your sentence you actually serve can vary, depending on such factors as good behavior.
Note that the charts above do not apply to drug and narcotics offenses, which are subject to revision following the 2009 reform of the so-called “Rockefeller era” drug laws. These reforms give greater discretion to the sentencing judge in narcotics cases.
We are also available to represent you at arraignment in any of the five boroughs.
Attentive, aggressive, diligent representation: