Criminal Lawyer in New York City

Frequently Asked Questions: Criminal Defense

Why is it important to hire a New York criminal defense lawyer?
It is critical that you hire a lawyer if you are accused of any type of crime. A New York criminal defense lawyer will be very familiar with what your legal rights are and what can be done to protect them. The criminal court system can be very complex, confusing and hard to maneuver around, to say the least. The attorneys at the Law Offices of Brian D. Perskin provide dedication, compassion and sound legal advice to clients facing criminal charges in New York. It is our advice to you that you schedule a free case consultation with an attorney at our firm immediately if you or a loved one may be in trouble with the law. One of our board-certified New York criminal defense lawyers can sit with you, discuss the charges that you may be up against, and explain how we can protect you.

What are my legal rights?
Some of your legal rights when you are arrested are to be treated with respect, to be told why you have been arrested and to have the right to remain silent until an attorney is present. It is very important that you hire a New York criminal defense attorney who can help to make sure that your legal rights are not trampled on and violated by law enforcement.

What is homicide?
When a human being dies due to someone else’s actions, this is homicide. The crime of homicide can be charged as 1st degree murder, 2nd degree murder, involuntary manslaughter, voluntary manslaughter, and vehicular manslaughter. Homicide also has many forms based upon the type of victim, which include: infanticide, fratricide, sororicide, parricide, patricide, and matricide, mariticide, uxoricide, filicide and genocide.

Can I be charged with assault & battery if I threatened to punch someone in the face?
Yes. You could be charged with assault if you threatened to punch someone in the face. You would only be charged with the crime of battery if you acted on the threat. Any type of physical threat that threatens violence against someone is a serious crime. However, there are many defenses that a knowledgeable attorney at our firm can take on your behalf, including self defense.

What is the difference between a misdemeanor and felony?
A misdemeanor offense is a less severe offense. If convicted of a misdemeanor offense you can be sentenced to up to 1 year in jail. In most cases if you are a first time offender, with a knowledgeable attorney by your side you may be able to receive alternative sentencing or in some cases simply have to pay a fine. A felony offense, however, is charged for severe violations of the law such as murder, robbery, sex crimes, kidnapping and many other state or federal crimes. A felony conviction carries a potential sentence of up to life imprisonment and in some cases capital punishment, otherwise known as the death penalty.

What is petit theft?
Any theft crime involving an item of value at or under $400 is petit theft, which under legal terms is also known as petty theft. It is a misdemeanor offense a judge may be able to enforce up to 1 year in jail for a conviction.

My child is in trouble with the law, what should I do?
Youth today may find themselves in trouble with the law, at one time or another. If you are a parent worried about your child’s future due to a criminal investigation, please contact the Law Offices of Brian D. Perskin today. A New York juvenile crime lawyer at our firm may be able to help start protecting your child’s rights immediately.

During an argument, I accidentally hurt my spouse. I was arrested, but my spouse dropped the charges. Why am I still being charged with domestic violence?
New York law is very harsh against anyone accused of domestic violence. If you are being accused of physically, mentally or sexually abusing your spouse you can still be charged. Even if your spouse decides to drop charges the district attorney will review the case and has the right to pursue the charges against you on behalf of the state and community.

What is bail?
When you are charged with a crime, arrested and put in jail, you can request bail. Bail is a form of payment through a bail bondsman or bail bonds office that allows for your release under specific legal terms. However, there are some instances where bail may not be allowed (as in many murder cases.) In addition, if the person that is charged is a risk to the public or person and/or at risk of fleeing, bail may also be denied.

Consult a New York criminal defense lawyer today!

At the Law Office of Brian D. Perskin, we are very familiar with both the state and federal criminal court system. We have a combined 40 years of legal education, experience and skill. Please contact a New York City criminal defense lawyer from our firm today for a free case consultation if you or someone you love has been accused of a crime in Manhattan, Bronx, Brooklyn or Queens, New York.

Need a knowledgeable criminal defense lawyer in New York? Contact a New York criminal attorney from our firm for legal representation that you can trust.