Felony Attorney in New York

Grand Jury Proceedings & Felony Indictments

A felony prosecution in New York ordinarily proceeds by indictment unless indictment is lawfully waived and the case proceeds by superior court information.

A grand jury does not decide guilt or innocence. It hears evidence presented by the prosecution and determines whether there is legally sufficient evidence and reasonable cause to return an indictment.

The grand jury may indict, reduce the matter to a lesser charge, or decline to indict. A defendant may also have rights and strategic decisions related to grand jury testimony that should be evaluated with counsel based on the circumstances.

After an indictment, the defendant is arraigned on the indictment in a court with felony trial jurisdiction. Discovery, motions, hearings, negotiations, and trial preparation may follow.

In Nassau County, the District Attorney's Grand Jury/Warrants Bureau coordinates many felony presentations, while the County Court Trial Bureau prosecutes felony cases. Procedures and office structure can differ in other counties.

Where Felony Cases Are Tried

New York uses different superior courts depending on geography.

Outside New York City, County Courts generally conduct felony trials. In Nassau County, felony trials are heard in Nassau County Court in Mineola. Suffolk County Court has felony trial jurisdiction in Suffolk County.

In New York City, felony cases generally proceed in Supreme Court after indictment.

Our attorneys represent clients in Nassau County, Suffolk County, Manhattan, and surrounding jurisdictions, so the defense strategy accounts for both the statewide criminal statutes and the court in which the case is actually pending.

How New York Felony Sentencing Works

New York sentencing is more complicated than matching a felony class to a single prison term.

Under the general indeterminate sentencing framework in Penal Law § 70.00, the maximum term for a Class B felony may be up to 25 years, Class C up to 15 years, Class D up to seven years, and Class E up to four years. Class A felonies can carry life imprisonment, with the minimum term depending on the offense and other statutory provisions.

Those general maximums do not apply in the same way to every felony. New York has separate or modified sentencing rules for categories that include violent felony offenses, drug felonies, repeat felony offenders, certain sex offenses, and other specially governed cases.

For example, current law generally requires determinate prison sentences for Class B and Class C violent felony offenses, subject to statutory exceptions. Rules for Class D and Class E violent felonies are more nuanced.

Because sentencing exposure can depend on the exact Penal Law section and the person's criminal history, we do not apply a generic penalty chart to an individual case.

What We Examine in a Felony Defense

A felony defense begins with the actual allegations and evidence, not the felony label alone.

Depending on the case, our attorneys may examine:

• Charging documents and the precise statutory elements
• Police reports, witness accounts, video, and digital evidence
• Searches, seizures, warrants, and statements
• Identification procedures
• Forensic or scientific evidence
• Grand jury and procedural issues
• Prior convictions that may affect sentencing
• Discovery compliance and evidentiary disputes

The legal issues can be very different in a homicide case, a financial offense, a narcotics prosecution, or a weapons case. Our team develops a strategy around the evidence and law that apply to the individual matter.

Experience from the Defense, Prosecution & Bench

Our team-based model is one of the firm's central differentiators.

Former prosecutors can assess how the government may develop its theory and present evidence. Former public defenders contribute experience challenging criminal accusations from the defense side. Former judges bring perspective from years of evaluating arguments, evidence, motions, and courtroom proceedings.

Hon. David J. Ayres served as a Nassau County Court Judge and Acting Supreme Court Justice before joining the firm. Other members of our team have handled homicide, violent-crime, white-collar, narcotics, DWI, appellate, and federal criminal matters.

For high-profile cases, our attorneys also have experience addressing media and reputational concerns while keeping the legal defense at the center of the representation.