Violent Crime Attorney in Garden City

Former Prosecutors & Judges Build Your Defense

A violent-crime case can turn on details that are easy to miss in the first hours after an arrest: what a witness actually saw, how police obtained evidence, and whether forensic conclusions hold up under scrutiny.

At Barket Epstein Kearon Aldea & LoTurco, LLP, our Garden City criminal defense attorneys draw on experience as former prosecutors, public defenders, and judges to evaluate serious criminal allegations from several perspectives. Our Criminal Defense team has represented more than 1,000 clients in matters ranging from DWI to homicide.

Our attorneys bring more than 200 years of combined legal experience. John H. LoTurco is a former major offense prosecutor who has handled homicides, manslaughters, robberies, assaults, and other violent-crime matters. Hon. David J. Ayres, Counsel to the Firm, previously served as a Nassau County Court Judge and Acting Supreme Court Justice after beginning his legal career as a Nassau County Assistant District Attorney.

That combination of prosecution, defense, and judicial experience informs how we evaluate the government’s theory, disputed facts, forensic evidence, and procedural issues in serious criminal cases.

Violent-Crime Charges We Defend

The term “violent crime” covers many different allegations. The final charge and potential consequences depend on the specific New York Penal Law provision, the alleged conduct, the evidence, and the accused person’s criminal history.

Our attorneys defend clients facing allegations involving:

• Felony assault
• Robbery
• Burglary involving alleged force or dangerous conduct
• Homicide and manslaughter
• Firearm and weapon offenses
• Domestic-related criminal allegations
• Kidnapping and other serious offenses involving alleged force or threats

Not every offense involving force is classified the same way under New York law. We identify the actual statute charged before evaluating sentencing exposure, defenses, or possible resolutions.

What to Do After a Violent-Crime Arrest

After an arrest, confirm the charges and next court appearance and consider obtaining legal representation before discussing the facts of the case with investigators or others.

Preserve messages, photographs, videos, records, and other information that may relate to the allegations. Do not alter, delete, or publicly post potentially relevant material.

Family members can help by gathering accurate arrest and court information and assisting the accused in contacting counsel. The appropriate next step depends on the charge, the evidence already collected, and where the case is pending.

How We Prepare a Violent-Crime Defense

Serious criminal cases can involve eyewitness testimony, digital records, forensic evidence, police searches, statements, identification procedures, and competing accounts of what occurred. Our review is shaped by the evidence in the individual case.

Forensic Evidence

Forensic evidence may include biological material, fingerprints, digital records, firearms evidence, toxicology, or other scientific findings.

We examine how evidence was collected, preserved, documented, tested, and interpreted. Founding partner Steven B. Epstein serves on the New York State Commission on Forensic Science, which is involved in standards and accreditation issues affecting forensic laboratories in New York.

His work in forensic-science matters adds another perspective when scientific evidence becomes important to a criminal defense.

Constitutional & Procedural Issues

A criminal case may raise questions involving searches, seizures, statements, identification procedures, warrants, or evidence handling.

When supported by the facts and law, defense counsel may use motion practice to challenge evidence or ask the court to resolve constitutional or procedural issues before trial. Whether a particular motion is appropriate depends on the record in that case.

Strategy Built Around the Evidence

Our attorneys work collaboratively when evaluating serious criminal matters. Former prosecutors can assess the government’s charging theory, defense lawyers can identify weaknesses and alternative interpretations, and former judges bring experience evaluating evidence and legal arguments from the bench.

We provide candid assessments so clients can make informed decisions about motions, negotiations, hearings, trial preparation, and other available paths.

What New York Means by a “Violent Felony Offense”

New York Penal Law § 70.02 uses the phrase violent felony offense as a specific statutory classification. It is not simply another name for every crime that involves violence.

The statute identifies particular Class B, C, D, and E felonies as violent felony offenses. Examples include first-degree assault and first-degree robbery among Class B offenses, second-degree robbery and second-degree burglary among Class C offenses, and second-degree assault among Class D offenses.

Other serious offenses may be classified under different provisions. For example, certain murder charges are Class A felonies and are governed by a different sentencing framework.

The distinction matters because the offense classification, exact statute, criminal history, and other sentencing provisions can significantly affect potential incarceration and other consequences.

Rather than applying a generic penalty range to every “violent crime,” we evaluate the exposure tied to the actual charge.