Murder, Manslaughter & Homicide Lawyer in Westchester County, NY & the Surrounding Areas

A late-night argument outside a bar escalates into a physical fight. A routine traffic violation stop turns into an altercation with a police officer. A heated exchange at home leads to someone calling the police. These situations unfold quickly, often leaving people in shock as they face violent crime charges. Many individuals never expect to find themselves in a courtroom, but a single moment can lead to criminal accusations that carry life-altering consequences.

When facing violent crime charges in Westchester County, the stakes are high. Prosecutors push for severe penalties, and the justice system rarely shows leniency in these cases. A violent crime conviction can mean years or even life in prison, significant financial burdens, and a permanent criminal record. Immediate legal action makes a difference, and having an experienced New York criminal defense attorney on your side is crucial to your future.

The best way to get a strategic, effective defense against violent crime charges in Westchester County, NY, is with Westchester Criminal Defense Lawyer Michael J. Borrelli. As a former prosecutor with more than 25 years of experience in criminal law, Attorney Michael J. Borrelli has the expertise, skills, and resources to build strong defense cases for an array of violent crime charges.

Explore the following to discover more about violent crime charges, penalties, and cases in Westchester County. Whenever you are ready for essential advice about potential or existing violent crime charges, don’t hesitate to contact the Law Offices of Michael J. Borrelli P.L.L.C. for a free, confidential consultation.

Classes of Felonies in Violent Crimes

Violent crimes are typically classified as felonies, with penalties varying based on the severity of the offense. Many states, including New York, use a class system to distinguish different levels of felonies. As an experienced New York criminal defense attorney, Michal J. Borelli wants you to be aware of the different classes so you can better understand the potential consequences of a conviction.

Class A Felonies

Crimes classified as Class A felonies represent the most severe offenses and carry the harshest penalties. Convictions for these crimes often result in life imprisonment or extended sentences without the possibility of parole. Violent crimes in this category typically include first-degree murder, aggravated rape, and certain acts of terrorism. Courts impose the strictest punishments due to the severity of harm inflicted upon victims and the threat posed to public safety.

Class B Felonies

Offenses categorized as Class B felonies involve serious acts of violence but carry slightly lesser penalties than Class A felonies. Sentences for these crimes often include lengthy prison terms, sometimes reaching several decades. Common examples include second-degree murder, voluntary manslaughter, and armed robbery. These crimes result in significant harm or death, and courts consider factors such as intent and circumstances when determining sentencing.

Class C Felonies

Criminal offenses classified as Class C felonies include violent acts that cause substantial injury but may lack premeditation or extreme recklessness. Sentencing for these crimes typically includes several years in prison, with the possibility of parole under certain conditions. Crimes within this category may include aggravated assault, certain types of kidnapping, and robbery without the use of a deadly weapon. While these offenses are serious, they are generally punished less harshly than Class A or B felonies.

Class D Felonies

Acts classified as Class D felonies involve violent behavior that results in injury or endangerment but may not reach the severity of higher-level felonies. Sentences often range from several years to over a decade in prison, depending on prior criminal history and aggravating factors. Examples of Class D violent felonies include reckless endangerment with a deadly weapon, burglary involving physical harm, and some cases of domestic violence. These offenses can have lasting legal consequences, including restrictions on rights and future opportunities.

Class E Felonies

Crimes falling under Class E felonies include violent offenses that, while serious, generally result in less severe physical harm or involve circumstances that reduce their severity compared to higher classifications. Sentencing for these crimes often includes shorter prison terms, probation, or alternative sentencing options, depending on the case details. Common examples include certain assault charges, resisting arrest with violence, and lower-degree domestic violence offenses. Though carrying lighter penalties, these crimes still have significant legal and personal repercussions.

Armed Robbery

The use of a firearm in the commission of a robbery is considered to be an aggravating factor. Consequently, charges for armed robbery in Westchester, Putnam and Rockland Counties are typically first-degree robbery charges, which are Class B felonies. These are punishable by up to 25 years in prison. In some cases, the robbery may also involve elements of larceny, where the unlawful taking of property escalates the severity of charges.

Armed robbery charges and possible penalties can be far more severe when additional aggravating circumstances are involved, like (but not limited to):

• Anyone suffering injuries or death in the course of the alleged robbery.
• An armed robbery allegedly being committed by a group.

Assault & Battery

Assault and battery, or menacing, can be filed as misdemeanor or felony charges in New York. Similar to many violent crime charges in Westchester County, the level of charges filed for assault and/or menacing will depend on various factors, like (but not exclusive to):

• The number and age(s) of the alleged victim(s)
• Whether the victim was a judge or law enforcement officer
• Whether the offense involved gang activity or a group of perpetrators acting together

Menacing charges can be filed in the first, second, or third degree, with first-degree menacing usually bringing an E felony charge, while second and third-degree charges are misdemeanors. Assault, on the other hand, is almost always a felony, with the exception of third-degree assault, which may be filed as a Class A misdemeanor.

Kidnapping

Kidnapping is the felony offense of unlawfully retraining and imprisoning another individual against his or her will. This can involve the use of deception, coercion, or force. In cases that involve the alleged kidnapping of someone younger than 16, the act can involve any means used for abduction, and it doesn’t matter if the alleged victim acquiesces to the act.

Kidnapping in the first degree is a Class A-1 felony, which can be punishable by up to life imprisonment. Second-degree kidnapping is a Class B felony, which can be punishable by up to 25 years in prison.

Murder

Murder or homicide is the most serious violent criminal offense in New York, with first-degree, second-degree, and aggravated murder charges all triggering Class A-1 felony charges. As with many other violent crimes, however, there are varying degrees of homicide charges that fall under the category of murder, with factors like premeditation playing a significant role in these charges and cases.

Defense strategies that we might use as a murder lawyer  may include disputing forensic reports, questioning witness reliability, and proving that law enforcement conducted an unlawful investigation.

Manslaughter

Manslaughter charges apply when a death occurs due to reckless or negligent actions rather than deliberate intent, such as a car accident. New York law classifies manslaughter as either first-degree or second-degree. First-degree manslaughter involves acting with intent to harm but not necessarily kill, while second-degree manslaughter applies when reckless behavior leads to death. Criminally negligent homicide falls under this category, where a person’s carelessness results in fatal consequences.

These cases often involve accidents, self-defense claims, or disputes where emotions escalate beyond control. As a trusted manslaughter lawyer, Michael J Borelli will conduct careful analysis of intent, surrounding circumstances, and whether the accused acted in a way that justifies legal consequences. A conviction can still mean years in prison, but strong legal representation can make a difference in the outcome.

Manslaughter charges can be brought when someone is accused of:

• Trying to injure another person and causing his or her death or the death of a third individual
• Intentionally assisting in or causing another individual’s suicide
• Murder involving “extreme emotional disturbance” or “heat of passion”
• Reckless negligence that results in the death of another

While first-degree manslaughter is usually a Class B felony, second-degree manslaughter is typically met with Class C felony charges.

Carjacking

Stealing a vehicle through force, threats, or intimidation leads to felony charges under New York law. The presence of a weapon during a carjacking increases the severity of the penalties, with potential sentences ranging from years to life in prison. Additional charges may apply if the alleged victim was injured or if law enforcement believes the incident was part of a larger criminal act.

Defending against a carjacking charge often requires a detailed examination of the evidence, including forensic analysis, surveillance footage, and police reports. A strong legal strategy can expose weaknesses in the prosecution’s claims and create reasonable doubt in the minds of jurors.

Hate Crimes

Hate crimes can be any destructive or violent offense that is motivated by prejudice against some individual or group based on age, gender, race, sexual orientation, and other factors. As such, hate crimes can encompass a number of different offenses, including (but not limited to):

• Assault and battery
• Stalking and kidnapping
• Sexual abuse and sexual assault
• Manslaughter and murder

Unlike other violent criminal offenses that are codified with specific charges and penalties, hate crimes are an “elevator” of an offense. That means that if the accused is convicted of a hate crime, regardless of whether it’s a misdemeanor or felony offense, the charges and penalties can be elevated to one category higher due to the hate crime status.

Arson

Arson is the criminal act of intentionally setting fire to or causing an explosion at another individual’s property. When damage only impacts land or physical property, like a building or vehicle, the charges can be filed as third- to fifth-degree arson, with third-degree arson typically bringing Class D Felony charges.

If, however, the accused individual knew there was someone at the property where the alleged arson occurred—or if the offense does cause physical injury or death to anyone—first-degree arson charges can be filed as Class A-1 felonies.

3 Things to Know About Violent Crimes Charges

As scary as violent crime charges can be, here are some of the key things that defendants need to remember when it’s time to present their defense:

1. Arrests, charges, and evidence don’t always hold up: Police and prosecutors are known to cast wide nets at first, making extensive arrests and throwing the proverbial book at those who do end up being charged. A skilled lawyer can work to get those overreaching charges dismissed from the get-go.
2. The burden of proof lies with the prosecutor: This is good news for the defense because it means a strong defense may only need to create enough reasonable doubt that the defendant may not have been the perpetrator of the offense in question.
3. Witnesses are notoriously unreliable: Eyewitnesses forget, misremember, and may even fill in the blanks for gaps in their stories. This doesn’t necessarily happen because eyewitnesses are “bad” people who are out to get the defendant. It’s the fallible nature of human memory. Being able to prove when the prosecution’s witnesses may be providing unreliable or inaccurate testimony can be an effective strategy in violent crime defense cases.

This is just the beginning of what you may need to know when you're facing violent crime charges in Westchester County, NY. To get the information and advice you need for any type of violent crime case, contact the Law Offices of Michael J. Borrelli.

Legal Consequences of Violent Crime Convictions

New York law imposes strict penalties for violent crime convictions. Sentences often include long-term incarceration, heavy fines, and post-release restrictions that impact daily life. A felony record limits employment opportunities, affects housing eligibility, and can lead to lifetime parole supervision. In some cases, convictions carry mandatory minimum sentences that prevent early release options.

The long-term effects of a violent crime conviction extend beyond the legal penalties. Personal relationships, reputations, and financial stability all suffer when someone faces felony charges. Avoiding conviction or reducing charges requires a New York criminal defense lawyer who challenges every aspect of the prosecution’s case.

What to Do If You Are Charged with a Violent Crime in West Chester County, NY, & the Surrounding Areas

Facing violent crime charges in New York is overwhelming, but Michael J. Borelli is by your side to make the entire process easier. Early legal action is critical, however, as prosecutors begin building cases immediately. A delay in legal representation makes defense strategies harder to develop.

If you are arrested or are under investigation for a violent crime in West Chester, Putnam, or Rockland County, it is imperative that you follow these steps:

1. Remain Silent and Do Not Answer Questions

Law enforcement may try to question you immediately, but anything you say can be used against you. It is crucial to exercise your Fifth Amendment right to remain silent and avoid making statements without an attorney present.

• Politely inform officers that you will not answer questions until you have legal representation.
• Do not attempt to explain your side of the story, even if you believe you are innocent.
• Avoid casual conversation with law enforcement, as even seemingly harmless statements may be misinterpreted.
• Do not apologize to law enforcement for what you did as this is an admission. 

2. Do Not Consent to Searches

Police officers might request permission to search your home, vehicle, or personal belongings. Unless they have a valid search warrant, you are not obligated to allow them entry.

• If officers have a warrant, ask to see it before they proceed.
• If they do not have a warrant, respectfully decline their request.
• Do not attempt to hide or destroy evidence, as this could result in additional charges.

3. Contact an Experienced Violent Crime Attorney Immediately

The most important step you can take is securing legal representation as soon as possible. The earlier an assault defense lawyer is involved, the better your chances of protecting your rights and building a strong defense.

At The Law Offices of Michael J. Borelli, we provide strategic legal counsel for individuals facing violent crime charges. Our team will:

• Assess the details of your case to determine the best defense strategy.
• Communicate with law enforcement on your behalf to prevent self-incrimination.
• Investigate the evidence and challenge weak or unlawful claims made against you.

4. Avoid Discussing Your Case with Anyone but Your Attorney

Friends, family members, and even social media can pose risks to your defense. Prosecutors and investigators may monitor conversations, online activity, and recorded jail calls for incriminating statements.

• Do not post about your case on social media platforms.
• Avoid discussing details of the case with anyone except your assault and battery lawyer.
• Be cautious of conversations with co-defendants, as their statements could be used against you.

5. Follow All Legal Instructions and Court Orders

Failing to comply with court orders can lead to additional charges or restrictions on your case. If you are released on bail, ensure that you adhere to all legal conditions.

• Attend all court appearances as required.
• Follow any restrictions, such as no-contact orders or travel limitations.
• Refrain from engaging in any further legal trouble, as additional offenses can complicate your defense.

6. Gather and Preserve Evidence That Supports Your Defense

While your attorney will conduct a thorough investigation, you should also take steps to preserve any potentially helpful evidence.

• Write down details about the incident while your memory is fresh.
• Save messages, emails, or witness contacts that may support your version of events.
• Provide your attorney with relevant documents or records that could be used in your defense.

Defense Strategies for Violent Crime Cases

Prosecutors build their cases using witness statements, forensic evidence, and police reports, but every case has weaknesses. A well-planned defense strategy is the key to securing a favorable outcome, whether that means reduced charges, a dismissal, or an acquittal at trial. Below are several key defense strategies that can make a difference in violent crime cases.

Self-Defense

Self-defense is one of the most common defenses in violent crime cases, especially in charges involving assault, homicide, or battery. A person has the legal right to use reasonable force to protect themselves or another person from immediate harm. However, proving self-defense requires demonstrating that the accused genuinely believed they were in danger and that their response was proportional to the threat.

In many cases, prosecutors argue that the force used was excessive or unnecessary. A strong defense may involve witness testimony, medical reports, or security footage showing that the accused was under immediate threat. A defense lawyer may also highlight the aggressor’s history of violence or any evidence suggesting that the accused attempted to retreat before using force.

Mistaken Identity

Violent crime cases often rely on witness identification, which is notoriously unreliable. People in high-stress situations frequently misremember key details, and poor lighting, distance, or distractions can lead to incorrect identifications. A person wrongly accused of a violent crime may have simply been in the wrong place at the wrong time.

Challenging mistaken identity involves questioning the reliability of eyewitnesses and the procedures used by law enforcement. If a police officer conducted a lineup improperly or used leading questions, the identification may be flawed. Surveillance footage, alibi evidence, and inconsistencies in witness statements can all help prove that the accused was not the person responsible for the crime.

Lack of Intent

Many violent crime charges require proof that the accused acted intentionally. In some cases, a person may have caused harm accidentally, or their actions may not meet the legal definition of the crime charged. A person facing second-degree murder charges, for example, may not have intended to kill anyone, which could lead to a lesser charge such as manslaughter.

A defense based on lack of intent may focus on factors such as intoxication, recklessness, or an absence of premeditation. If an act was purely accidental, proving that there was no criminal intent can result in a complete dismissal of charges. Witness accounts, forensic evidence, and expert testimony can all play a role in establishing whether intent was present.

Violation of Rights

Law enforcement officers must follow strict procedures when investigating, arresting, and interrogating suspects. If police violate a person’s rights, any evidence obtained illegally may be inadmissible in court. This can significantly weaken the prosecution’s case and, in some instances, lead to charges being dropped.

Common violations include:

• Unlawful searches and seizures: If officers conduct a search without a valid warrant or probable cause, any evidence they collect may be suppressed.
• Coerced confession: Interrogations must follow legal guidelines. If police use threats, intimidation, or prolonged questioning to obtain a confession, it may be ruled inadmissible.
• Failure to provide Miranda warnings: A suspect must be informed of their right to remain silent and their right to an attorney. If these warnings are not given before questioning, statements made to police may not be used in court.

An experienced criminal defense lawyer like Michael J. Borelli carefully reviews police reports, body camera footage, and witness accounts to uncover procedural errors. If a violation is found, a motion to suppress evidence can be filed, which may lead to a reduction or dismissal of charges.

Get Strategic Defense Representation When It Matters Most: Contact Westchester County Violent Crimes Lawyer Michael J. Borrelli

If you or a loved one has been charged with a violent crime, the stakes in your case are high, and the sooner you have Attorney Borrelli in your corner, the better. The truth is that there can be various options for defending against violent crime charges.

From poking holes in the prosecution’s theories to finding ways to discredit their evidence or get it dismissed altogether, Westchester Violent Crimes & Robbery Lawyer Michael Borrelli can provide exceptional representation in the pursuit of the best possible outcomes.

Call or contact us online for a FREE, confidential consultation. We offer consultations 24/7.

With experience as an Assistant District Attorney, Attorney Borrelli has deep knowledge of New York criminal law, as well as:

• Well-established relationships with the courts and police in Westchester County
• A near-perfect success rate in more than 40 felony criminal trials
• Tens of thousands of criminal cases of varying degrees under his belt
• A record of personal attendance for 99% of client court appearances
• A 9.2 rating from former clients on Avvo

This record of excellence is just part of the story. Beyond that, Attorney Borrelli is also dedicated to helping people just like you. He is known for providing compassionate, responsive, personalized service. This can make a big difference in your peace of mind as your case proceeds. It can also give you confidence that you have the advocacy and support you need and deserve when it’s time to mount the fight of your life against violent crime charges in Westchester County, Putnam County, and Rockland County, NY.

Find out your best defense options against violent crime charges now in a FREE consultation.

Frequently Asked Questions

Additional Information in Westchester, New York

• Sentencing for Violent Felony Offenses: This section outlines the specific sentencing guidelines for violent felony offenses in New York State, detailing the minimum and maximum imprisonment terms based on the severity of the crime. It provides essential information for understanding the legal repercussions for those convicted of such offenses.
• National Institute of Justice - Violent Crime: Research and resources on violent crime trends and prevention strategies.
• Assault and Battery: Resources and Support: Find comprehensive information on assault and battery, including legal definitions, victim support services, and resources for navigating the aftermath of these violent crimes.