New York Criminal Defense Attorney

CALL OR TEXT (347) 762-6334 HABLAMOS ESPANOL

 

The Castro CLAN is ready and available 24/7 to handle Criminal Defense matters. From Arraignment to Acquittal the Castro CLAN will do everything in its powers to defend your rights. Mr. Castro and his team take on District Attorneys and U.S. Attorneys at all levels including pre-trial matters, hearings, trials, post-conviction appeals, 440 Motions, Habeas Petitions and motions to reduce prison sentences. The Castro CLAN exclusively takes on serious Felony matters in the New York State and Federal criminal courts involving actual innocence, large sums of money, complex facts, and conspiracy. 

 

A New York felony charge is a serious offense. If you are charged with a felony, you may be facing years in prison and thousands of dollars in fines. Whether you live in the Bronx, Brooklyn, Queens, Manhattan, Staten Island, Westchester or elsewhere in New York State, if charged with a felony you will want to hire the best New York criminal lawyer to help you understand all your defense options.

 

In general, there are two categories of crimes. Lesser crimes are considered misdemeanors and are usually punishable by less than a year in prison. More serious crimes are called felonies and are punishable by more than a year in prison.

 

The New York Felony Process

 

In New York, the process of being charged and tried for a felony begins with an arrest. Once an individual is arrested he or she is read their rights by the arresting officer. One of these rights is the right to remain silent, which means any and all questions asked by law enforcement officers, police, detectives, and investigators do not need to be answered by the individual who has been arrested. This is a right intended to protect one from self-incrimination. Another right given to all arrested individuals is the right to an attorney. Once a person is booked, they are usually allowed to make a phone call to reach his or her lawyer. After several days, the arrested individual is arraigned in court, where the felony charges are read, and the charged individual may enter a plea (the most common are guilty, not guilty, and no contest).

 

Guilty - Pleading ‘Guilty’ means that the charged individual is admitting guilt, stating that he or she committed the felony. From there, the court will move on to sentencing.

 

Not Guilty - Pleading ‘Not Guilty’ means that the person charged is denying the charges brought against them. The court will then set a trial date where the charged individual and his or her attorney have the opportunity to present a defense.

 

No Contest - A ‘No Contest’ plea still admits guilt, though the individual does not completely agree with the charges. With this type of plea, the individual's case will still move to sentencing.  

 

Mute - A ‘Mute’ plea is essentially no plea. The court will enter a ‘Not Guilty’ plea, and the individual will be free to question any previous proceedings.

 

Before a trial, the charged individual and his or her attorney have several options. The first is to negotiate with the prosecution to get some sort of plea agreement. A plea agreement is when a charged individual pleads ‘Guilty” to lighter charges in exchange for a lesser prison sentence. For example, if Sarah was charged with a Class B felony, her plea agreement may require her to plead guilty to a class E felony, which carries a lighter sentence than the class B, thereby reducing the amount of time she would have to spend in prison. If a charged individual chooses to go to trial, they must defend their case with their New York Criminal Defense Attorney. It is also possible that pleading your innocence and willingness to prove it at trial could lead the "Government" (Federal Criminal Matters) or the "People" (NY State Criminal Matters) a/k/a the prosecutor to drop the charges against you and have the court dismiss your case altogether or the prosecutor may even reduce your charges to make their burden of proof lower at trial. 

 

 

KNOW WHAT IS AT RISK (FELONY CLASS/SENTENCES): 

 

Felonies in New York are separated into subcategories called classes. Classes are lettered from A to E. Class A felonies are considered to be the most serious felonies and entail the highest punishments. Class E felonies are considered the least serious felonies.

 

Offense Sentence
'A' Violent Felony Life, 20-25 years
'B' Violent Felony 5-25 years
'B' Non Violent Felony 1-3, Max 25 years
'C' Violent Felony 3 1/2 to 15 years
'C' Non Violent Felony No Jail, Probation, 1-2 years to 15 years
'D' Violent Felony 2-7 years
'D' Non Violent Felony No Jail, Probation, 1-3 to 7 years
'E' Violent Felony No Jail, Probation, 1 1/2 to 4 years
'E' Non Violent Felony No Jail, Probation, 1 1/3 to 4 years

A New York Felony is considered more serious than a misdemeanor, and carry a higher level of punishment. Misdemeanors are usually punishable by less than a year in prison, probation, community service, and various fines. Here are a few examples of a misdemeanor:

 

  • Reckless Driving

  • Trespassing

  • Simple Assault

  • Public Intoxication

 

A felony is a more serious offense. Felonies are punishable by a year or more in prison. Some of the following crimes are charged as felonies:

 

  • Murder (1st, 2nd, 3rd degree)

  • Burglary

  • Kidnapping

  • Manslaughter

  • Rape

 

Many factors are involved in sentencing. Such as Prior Convictions, Non-Violent Predicate, Violent Predicate, Persistent Felony Offender, Juvenile Offender, Youthful Offender and many others. Drug offenses are subject to punishments that may not be reflected in this basic sentencing chart.
  • Prior Convictions - If a person has no prior felony convictions or no felony convictions within the last ten years.
  • Non-Violent Predicate - A person has a previous non-violent felony conviction within the last ten years.
  • Violent Predicate - A person has a previous violent felony conviction within the last ten years.
  • Persistent Felony Offender - If a person has two or more previous felony convictions then he/she may be considered a persistent felony offender and may be sentenced to life in prison.

 

 

When facing criminal charges, you never want to gamble with your freedom. Criminal charges can have lifelong affects on your career, personal life, and future endeavors. Leaving these legal matters in the hands of a public defender or an inexperienced criminal attorney can potentially lead to an unfavorable decision as well as a lengthy prison sentence. When the wellbeing of your life hangs in the balance, you cannot find a more talented attorney than Angel Castro and his team at A.A. Castro Complex Litigation, Appeals & Negotiation, PLLC.

 

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Possession of a Controlled Substance Lawyer:

 

Possession of a controlled substance involves being caught by local or federal authorities with a controlled substance, such as a narcotic, in your possession. Authorities use several factors to determine if you will be charged with possession. However, the severity of these charges can vary from hefty fines to imprisonment. When the stakes are this high, use your best defense and consult Managing Attorney Angel Castro. He will leverage his expertise to fight the charges on your behalf.

 

Drug Conspiracy Lawyer:

 

Drug conspiracy is a hefty charge that also comes with serious penalties, if convicted. To be convicted, prosecutors must prove 2 basic elements in a court of law: these two elements are broad in nature and not very difficult to prove in many instances, as various scenarios can fall under these 2 elements. Many people, including doctors, and pilots have been charged with drug conspiracy, and it is important to have a strong criminal attorney to fight the charges. Angel Castro and his team have the experience and expertise to fight these charges, leaving no stone unturned when defending you and your future.

 

Illegal, Warrantless Search Lawyer:

 

Sometimes authorities get overzealous and conduct an illegal, warrantless search. Regardless of what they found (or didn’t find) your 4th Amendment rights were violated. If charges have been filed against you based off what authorities found during this illegal search, do not hesitate to contact Angel Castro and his legal team. They will fight to get the illegally-obtained evidence thrown out of court, effectively knocking the legs out from underneath the prosecution and dropping the charges against you.

 

4th Amendment Rights Lawyer:

 

Here in the United States, our Constitution protects us, gives us liberties, and gives us the rights that we enjoy every day. The 4th Amendment states that you have the right to protect your property and person from law enforcement. Unless a warrant is granted, no one can conduct a search of your property or person without your consent. If your rights have been violated, do not hesitate to contact Castro C.L.A.N. They will work diligently to have any charges against you dropped and receive whatever compensation you deserve.

 

Drug Possession with Intent to Distribute Lawyer:

 

Drug Possession with the Intent to Distribute is a charge that can negatively impact your life forever. A charge of this kind can be either a misdemeanor or felony. Regardless, do not hesitate to contact Castro C.L.A.N. to fight on your behalf. Not every drug case is tried equally, and not every conviction receives the same sentence. It is imperative to not only seek the expert council of Managing Attorney Angel Castro, but also to seek his counsel immediately. Any interaction you have with authorities without your lawyer present can be used against you. Angel Castro and his legal team will fight vigilantly on your behalf to ensure you receive the best defense possible. 

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Contact Us

Managing Attorney

Angel A. Castro, III, Esq.

300 East 95th Street

Suite 172
New York, NY

10128

 

 

Phone: (347) 762-6334
Fax: (212) 731-0217

 

Hablamos Espanol

Visita
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Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.

Meetings

We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.

This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.

 

Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.

 

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