To prevail in the criminal justice system, we draw on our battle-tested ability to forge winning strategies, paint defendants in a positive light and artfully present arguments that win over judges and juries. The investigative phase of our representation begins the moment a client hires us. Our legal team delves into police reports, obtains forensic testimony, and identifies weaknesses in the prosecution’s case. We work closely with our clients, discussing events and gathering details that are pertinent to the defense. We believe that hard work and a thorough approach opens doors to uncovering vital evidence.
Our rigorous attention to detail continues through the subsequent stages of a case, from pre-trial motions through discovery, jury selection, courtroom presentation, cross-examination, and closing argument. Likewise, authorities do not question our clients unless we are at their side, and the media statements we release are the products of a deliberate effort to create a desired effect, based on our overall case strategy.
We can represent you in any of the following areas of criminal law:
ARSON
Under New York law, arson is the crime of intentionally damaging property by igniting a fire or explosion. To establish intent, a prosecutor may try to show that a defendant set a fire to collect on an insurance policy, exact revenge against an enemy or destroy evidence. Note that it is the act of starting the fire or explosion that must be intentional, not necessarily all the damage that results.
There are five degrees of arson recognized in New York, each with different levels of penalties.
First degree: This class A-1 felony is defined as deliberately setting a fire or explosion that ignites a building or vehicle occupied by another person, if either the fire was set for financial gain or it causes serious physical injury or death. The defendant must have known or understood the reasonable possibility that the property was occupied by someone who is not a participant in the crime.
Second degree: A class B felony, this occurs when a person sets fire to a building or vehicle while aware that the property is occupied, or that there is a reasonable possibility that it is occupied, by someone who is not a participant in the crime.
Third degree: This class C felony occurs when a person intentionally damages a building or vehicle by setting a fire or causing an explosion.
Fourth degree: It is a class E felony to recklessly damage a building or motor vehicle by intentionally setting a fire or causing an explosion.
Fifth degree: Intentionally setting a fire or causing an explosion on someone else’s property without their consent, causing damage, can be charged as a class A misdemeanor.
Our seasoned criminal law attorneys treat each case with the attention it deserves, working diligently to obtain acquittals and to have arson charges dismissed or reduced.
ASSAULT
Whether you face charges for assault, vehicular assault or sexual assault, you cannot afford to proceed without the help of an experienced New York assault attorney. All these crimes carry heavy penalties that can deprive you of your freedom for a lengthy period. The trusted lawyers Kopko & Violette have defended clients against many types of assault charges.
BURGLARY
NY penal code defines burglary as knowingly entering or remaining unlawfully in a building with intent to commit a crime. Burglary, a felony offense, is not to be confused with criminal trespass — a crime that can be either a misdemeanor or felony. For the prosecution to convict you of burglary, they must be able to prove you not only entered a premises unlawfully, but it was your intention to then commit robbery, theft or another type of crime.
The first step in building a successful criminal defense against burglary is to retain the services of an experienced criminal law attorney.
COMPUTER CRIMES
Many people fail to realize that computer crimes are often punishable as felony offenses. Whether you are arrested for identity theft or piracy, without skilled counsel, you could face prison time.
DOMESTIC VIOLENCE
Domestic violence is broadly defined as one partner in an intimate partner relationship using a pattern of behaviors to exert power and control over the other partner. The relationship can be between current or former romantic partners, in-laws, parent and child, immediate and extended family members or roommates and housemates.
A wide range of crimes may be classified as domestic violence offenses, including:
ASSAULT: Punching, kicking, biting, throwing objects and other acts may lead to assault charges.
SEXUAL ASSAULT: Any nonconsensual sexual act between intimate partners may be charged as sexual assault.
HARASSMENT AND STALKING: Harassment involves intentional actions meant to harass, annoy or alarm another person. A stalking charge may result when harassing behaviors cause reasonable fear of harm.
VERBAL ABUSE: The subject of alleged verbal abuse may obtain a restraining order against the perpetrator if the abuse, alleging harassment.
THREATS: Words intended to instill fear of death or physical, economic or psychological harm are classified as criminal threats.
IMPRISONMENT OR PHYSICAL RESTRAINT: Intentionally restricting another person’s movement by restraint may be charged as unlawful imprisonment, which can be a felony or a misdemeanor.
Our criminal law attorneys, with a thorough understanding of New York’s criminal laws, can provide a strong and strategic defense to the charges filed against you.
DRUG CRIMES
New York poses strict penalties against anyone who violates the state’s drug laws. If you are charged with a federal drug crime, you could lose your freedom for a very long time. Over the years, Kopko & Violette lawyers have helped countless clients avoid incarceration.
Under the Controlled Substances Act (CSA), individuals who commit drug crimes may be prosecuted at the federal level. Federal drug crimes carry more severe punishments and penalties than state-level drug offenses. If you are arrested for any of the crimes below, retain a federal defense lawyer as soon as possible:
- Drug conspiracy
- Manufacturing
- Trafficking
- Drug crimes in protected locations
DRUNK DRIVING DUI & DWI
When charged with Driving Under the Influence or Driving While Intoxicated, you need to make an educated and intelligent decision regarding whom to hire as your attorney, and you need to make that decision fast. This firm of skilled lawyers have proven themselves time and time again handling the most prominent and complex cases. And they’re here to help you. They know that every case, regardless of how large or small, is as serious as can be to those who have been arrested. That’s why Kopko & Violette fight equally hard for all of their clients.
A DUI / DWI arrest doesn’t have to mean a DUI / DWI conviction. A broad range of legal and factual challenges to your case may exist, such as contesting your initial stop or attacking your blood alcohol content reading. The attorneys at the firm will listen closely to what led up to your drunk driving arrest, strategize regarding your options, and pursue every viable challenge to your prosecution.
FEDERAL CRIMES
Certain offenses are so serious they are prosecuted on the federal level. These types of crimes carry harsh penalties and long prison times. If you suspect you are being investigated by the Federal Bureau of Investigation or another federal branch of law enforcement, you should immediately consult with a skilled attorney.
Federal crimes can range from white collar offenses to drug crimes. Many people who are eventually charged for federal crimes are under the scrutiny of federal law enforcement months and sometimes even years prior to being arrested. The highly successful and skilled criminal defense attorneys at Kopko & Violette provide zealous defense counsel to individuals arrested for the following federal crimes:
- Mail fraud
- Wire fraud
- Racketeering
- Money laundering
- Hobbs Act violations
- Conspiracy offenses
- Bank fraud
- Mortgage fraud
- Drug crimes
FELONIES
The New York Penal Code classifies felonies using letters A through E. Class A is the most serious and E is the least serious felony classification. The minimum prison time sentenced for a New York felony is one year. NY Penal Code Article 70 – § 70.00 outlines maximum penalties for felonies as follows:
Class A, maximum life in prison (when not sentenced with the death penalty or life without parole)
Class B, maximum 25 years
Class C, maximum 15 years
Class D, maximum seven years
Class E, maximum four years
The penal code also sets minimum sentencing for felonies which allows the court considerable latitude when determining sentences.
Examples of New York state felonies considered violent and classified as B through E felonies include:
- Second degree murder
- Criminal use of a firearm
- Kidnapping
- Criminal sale of a firearm
- Arson
- Aggravated assault of a police officer
- Manslaughter
- Gang assault
- Aggravated manslaughter
- Hindering prosecution of terrorism
- Criminal sexual act
- Criminal possession of a chemical or biological weapon
- Aggravated sexual abuse
- Reckless assault of a child
- Sexual conduct against a child
- Stalking
- Burglary
- Rape
- Robbery
- Making a terror threat
- Criminal possession of a weapon
- Placing a false bomb or hazardous substance in a sports arena, mass transportation facility, or enclosed shopping mall
If you are under investigation or charged with a felony, seeking legal help from an experienced New York felony lawyer is vital. The earlier you retain skilled New York felony attorneys, the more opportunity you provide your criminal defense team to seek case dismissal, reduced charges, and to employ other defense strategies.
GUN CRIMES
Given public outcry regarding the availability and deadly use of firearms across the country, New York, like many other states, takes a zero-tolerance approach to anyone who unlawfully possesses or uses a gun. In addition to defending clients against crimes like homicide, assault and robbery that may involve the use of firearms, the dedicated lawyers at Kopko & Violette have extensive experience handling the following gun crime cases:
- Criminal possession of a firearm
- Criminal possession of a weapon on school grounds
- Unlawful possession of weapons by a person under 16
- Criminal possession of a dangerous weapon
- Criminal sale of a firearm
- Criminal sale of a firearm with the aid of a minor
- Criminal sale of a firearm to a minor
- Criminal purchase or disposal of a firearm
MISDEMEANORS
Misdemeanors are lesser crimes punishable by no more than one year in county jail. However, as a knowledgeable criminal defense lawyer can explain to you, if convicted of a misdemeanor, you may also receive probation, community service, fines, driver’s license suspension and be required to enroll in a treatment or counseling program. Class A misdemeanors are the most serious types of misdemeanors and are a step below felonies. Most Class A misdemeanor offenders who are convicted receive the maximum one year in jail penalty.
Class B misdemeanors are crimes that are less serious than Class A infractions and are punishable by up to six months in prison. Listed below are offenses chargeable as either a Class A or Class B depending on the degree:
- Menacing
- Sexual abuse
- Stalking
Misdemeanor charges should not be taken lightly. If convicted of a misdemeanor offense in New York, your professional life may be affected. Likewise, if you are a young person, the last thing you need is to have a criminal record limiting your ability to attend a university or obtain employment. The trusted attorneys at the Law Offices of Kopko & Violette provide New York residents with premium legal service. The firm has the resources and experience to help you combat whatever criminal charges are threatening to disrupt your life.
MURDER
Murder is the most serious offense with which a person can be charged. A Class A-1 felony, murder is punishable by life in prison without the possibility of parole. Combating a murder charge requires competent, experienced and aggressive counsel, like the lawyers at Kopko & Violette.
“Homicide” and “murder” are often used interchangeably. However, the words refer to separate and different crimes. Homicide is the (sometimes accidental) killing of another person. Murder is the intentional killing of another person. Yet regardless of whether the prosecution charges you with either of these crimes, the penalties against you are severe. Experienced homicide lawyers in NY can build a solid criminal defense for you if you are charged with any of the offense listed below:
- Criminally negligent homicide
- Aggravated criminally negligent homicide
- Vehicular manslaughter
- Aggravated vehicular homicide
- Aggravated murder
POST-CONVITION RELEASE
A criminal conviction is one of the most challenging life events an individual can face. However, it is important to know that the legal process does not end with convictions — there are often many options for appeal and post-conviction relief available to criminal defendants who have pled guilty or who have been found guilty by a court. The knowledgeable NYC lawyers at the Law Offices of Kopko & Violette can review your unique situation, explain your post-conviction relief options and advise you as to which one is most suitable for your case.
ROBBERY
In the state of New York, robbery is a felony. As such, a conviction may land you in prison for several years and require you to pay costly fines. When you can’t afford to lose — when you need trusted and professional legal counsel — the Law Offices of Kopko & Violette is here for you. The firm’s attorneys are feared by prosecutors and respected by members of the legal community.
Robbery is the act of forcibly stealing the property of another person. Any type of theft crime — from burglary to carjacking — can carry serious penalties. Thus, it is imperative that you retain experienced counsel immediately after being arrested.
SEX CRIMES
Sex crimes carry a stigma. In addition to resulting in prison time and fines, a sex crime conviction requires you to register as a sex offender with the Division of Criminal Justice Services. Thus, it is of the utmost importance that you utilize every available resource to combat an allegation of sexual abuse or rape. The lawyers at the Law Offices of Kopko & Violette are well- for providing clients with aggressive and reliable defense counsel. Let the firm’s lawyers help you build a strong defense so you can protect your future.
A sex crime charge can destroy your family, your career and your reputation. Even allegations of sexual harassment can deteriorate your personal and professional relationships. Retaining counsel as quickly as possible after an arrest is essential to beating the charges, or at the very least, having them reduced. Below are some different types of sex crimes we defend against:
- Sexual misconduct
- Rape
- Criminal sexual act
- Forcible touching
- Persistent sexual abuse
- Sexual abuse
- Aggravated sexual abuse
- Course of sexual conduct against a child
THEFT
A conviction for a theft in New York can cost you your freedom. When you need reliable criminal defense, you need the Law Offices of Kopko & Violette. The firm has successfully handled countless criminal trials and is known for taking on high-profile cases. In addition, the legal team at Kopko & Violette has a deep understanding of the tactics used by the prosecution and is prepared to tailor a defense strategy unique to your case.
The moment you are taken into police custody and accused of theft, you have the right to hire a theft lawyer. Whether you are charged with robbery or identity theft, without the assistance of a skilled attorney, you could face serious penalties. The dedicated lawyers at the Law Offices of Kopko & Violette defend clients accused of the following theft crimes:
EXTORTION: The crime of extortion occurs when a person uses threats or force to obtain something from another. If convicted of first-degree coercion in New York, you could face up to seven years in prison.
EMBEZZLEMENT: Embezzlement typically occurs in the business world and involves the theft of funds or assets entrusted to you. Penalties for embezzlement vary based on the amount of money you are accused of stealing, but you could face as much as 25 years in prison.
GRAND LARCENY: Theft involving property valued at $1,000 or more is grand larceny. Depending on what degree of larceny the prosecution charges you with, you face between four and 25 years in prison.
PETIT LARCENY: Theft of property less than $1,000 is the crime of petit larceny in New York and carries a penalty of up to one year in prison.
VEHICULAR ASSAULT
If not used responsibly, any type of motor vehicle can be a deadly weapon. When a person is injured or killed on the road, there may be civil and criminal cases. The validity of the criminal case depends on several factors. If you are arrested for a vehicular crime, you could be charged with a felony, and if convicted, you face prison time. The moment you are charged with a vehicular offense, you should consult with an experienced lawyer. The attorneys at the Law Offices of Kopko & Violette have the skill, knowledge and proven record of success needed to provide you with effective representation every step of the way.
Most vehicular crimes are felony offenses. In addition, vehicular crimes are violent offenses. This means that if you are convicted, you have a violent crime on your criminal record. In addition to losing your license, you could face a lengthy prison sentence. To protect your freedom and your future, you should consult with a lawyer as soon as possible. An attorney can provide you with experienced guidance and sound advice if you are charged with any of the crimes below:
VEHICULAR ASSAULT: You may be charged with vehicular assault if you cause serious injury to another person while you are operating a motor vehicle and are under the influence of drugs or alcohol.
VEHICULAR MANSLAUGHTER: Vehicular manslaughter occurs when a person causes the death of another while operating a motor vehicle under the influence of drugs or alcohol.
RECKLESS ENDANGERMENT: In New York, individuals who engage in conduct or behavior that creates a risk of injury or death to another person may be charged with reckless endangerment.