New York Criminal Defense Attorneys

At DearLegal, we connect you with experienced New York criminal defense attorneys who navigate the post-Bail Reform pretrial framework, the Marihuana Regulation and Taxation Act, Raise the Age legislation, Adjournment in Contemplation of Dismissal (ACD), and New York’s sealing pathway under CPL § 160.59. Whether your case is in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Westchester, or anywhere across New York’s 62 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. NYPD, Suffolk PD, Nassau PD, State Police, and federal agents operating in New York use trained interrogation — including techniques featured in major false-confession cases (Central Park Five). Anything you say is admissible. Invoke your Fifth Amendment right to silence and N.Y. Const. Art. I, § 6 (which is broader than the Fifth Amendment in some applications).

Yes. New York Class A misdemeanors carry up to 1 year jail and $1,000 fines under Penal Law § 70.15; Class B carry up to 3 months. ACD (Adjournment in Contemplation of Dismissal, CPL § 170.55) — uniquely valuable — leads to dismissal and sealing. DV and DWI convictions trigger major collateral consequences (federal firearm bans, immigration impact, professional licensing).

State cases go through New York Supreme Court (felonies in the trial-level court despite the name) or Criminal Court (misdemeanors) or County/City Court outside NYC. Federal cases go to U.S. District Court for the Southern (Manhattan, White Plains), Eastern (Brooklyn, Long Island), Northern (Albany, Syracuse), or Western (Buffalo, Rochester) District of New York under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking, wire fraud (massive financial sector volume), securities fraud, racketeering, and terrorism cases.

New York plea agreements under CPL § 220.10 are negotiated between the District Attorney and defense. Pleas can include charge reductions, ACD (CPL § 170.55 for misdemeanors), Conditional Sealing (CPL § 160.58), Judicial Diversion under CPL Art. 216 (drug court), and stipulated sentence recommendations. Manhattan, Brooklyn, and Bronx DAs increasingly decline to prosecute many low-level offenses.

New York doesn’t use the term “expungement” for most convictions — it uses sealing. CPL § 160.59 allows sealing of up to two convictions (max one felony) after 10 years from imposition of sentence. CPL § 160.50/160.55 seal non-convictions automatically and certain other dispositions. MRTA provides automatic expungement of many prior marijuana convictions. Many serious offenses (Class A felonies, sex offenses) excluded from sealing.

New York Raise the Age (effective 2018 for 16-year-olds, 2019 for 17-year-olds) means most 16/17-year-olds now go through Family Court (Juvenile Delinquent) or Adolescent Offender (AO) parts of Youth Part — most cases diverted out of adult court. Family Court records are confidential; YO (Youthful Offender) adjudications under CPL Art. 720 are sealed. Adult prosecution remains possible for serious felonies meeting AO designation criteria.

New York DWI under VTL § 1192 uses .08 BAC (.04 commercial, .02 under-21 — Zero Tolerance). Aggravated DWI (BAC .18+) under § 1192(2-a) carries enhanced penalties. Implied consent under VTL § 1194 — refusal triggers 1-year administrative license revocation. Mandatory IID for all DWI convictions in NY under Leandra’s Law (§ 1198). Multiple DWIs become felonies.

Why Do You Need a Criminal Defense Attorney in New York?

New York grades felonies as Class A (15 years to life — Class A-I includes first-degree murder, drug kingpin; Class A-II), Class B (1-25), Class C (1-15), Class D (1-7), and Class E (1-4) under Penal Law § 70.00. Murder First-Degree is Class A-I with life without parole (New York abolished the death penalty effectively in 2004 by court ruling). New York has Persistent Felony Offender (Penal Law § 70.10) and Mandatory Persistent (§ 70.08) enhancements that dramatically increase sentences. New York Bail Reform (2020, amended) substantially eliminated cash bail for most non-violent felonies and misdemeanors — judges set bail only for qualifying offenses under CPL § 510.10. New York legalized recreational marijuana in 2021 (Marihuana Regulation and Taxation Act, MRTA, NY Cannabis Law) — adults 21+ can possess up to 3 oz cannabis flower; medical cannabis since 2014. MRTA also provided for automatic expungement of many prior marijuana convictions under CPL § 160.50. New York’s “Raise the Age” legislation (effective 2018-2019) made 16- and 17-year-olds part of the Family Court and Adolescent Offender (AO) framework — most cases now diverted out of adult court. New York sealing under CPL § 160.59 allows sealing of up to two convictions after 10 years; ACD (Adjournment in Contemplation of Dismissal under CPL § 170.55) is uniquely valuable — adjournment with conditions ending in dismissal and automatic sealing. New York County District Attorneys (especially Manhattan, Brooklyn) plea-bargain extensively, and progressive DA policies vary by borough.

When Do You Need a Criminal Defense Attorney in New York?

Our network includes New York criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in New York

From the moment you connect with a New York criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to NYPD, NYSP, federal agents, or any New York officer without an attorney

Consenting to a search of your home, car, or phone

Missing a New York court date — bench warrants and bail forfeiture (where applicable) follow

Posting about the case on social media — New York DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Tampering with Physical Evidence (Penal Law § 215.40) is a Class E felony

Accepting the DA’s first plea offer without exploring ACD, Conditional Sealing, Judicial Diversion, YO, or charge reduction

Talking to NYPD, NYSP, federal agents, or any New York officer without an attorney

Consenting to a search of your home, car, or phone

Missing a New York court date — bench warrants and bail forfeiture (where applicable) follow

Posting about the case on social media — New York DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Tampering with Physical Evidence (Penal Law § 215.40) is a Class E felony

Accepting the DA’s first plea offer without exploring ACD, Conditional Sealing, Judicial Diversion, YO, or charge reduction

Common New York Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in New York work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under N.Y. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (federal white-collar, homicide, multi-count) use hourly billing with substantial retainers. The Legal Aid Society, Bronx Defenders, Brooklyn Defender Services, Neighborhood Defender Service, and county public defender offices represent indigent defendants — New York City has some of the most respected public defender offices in the country.

What Can Your New York Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress (CPL § 710), motion to dismiss the indictment (CPL § 210.20), speedy trial under CPL § 30.30 (New York’s unique “ready rule” — 90 days for misdemeanors, 6 months for felonies), or DA dismissal in interest of justice (CPL § 170.40 misdemeanor / § 210.40 felony).

Charge Reduction

Reduction from felony to misdemeanor, from violent felony to non-violent, from Class A drug felony to lesser. Removal of persistent felony notice (CPL § 400.20). Drug Law Reform 2009 conversions.

ACD / Conditional Sealing / Judicial Diversion

Adjournment in Contemplation of Dismissal (CPL § 170.55) — case adjourned with conditions, automatic dismissal at end (typically 6 months for misdemeanors, 12 for some DV/marijuana). Conditional Sealing (CPL § 160.58) for certain dispositions. Judicial Diversion (CPL Art. 216) for drug court.

Plea Agreement

Negotiated resolution under CPL § 220.10. Includes charge reductions, dismissed counts, recommended sentences, YO adjudication (CPL Art. 720), and probation/conditional discharge in lieu of incarceration.

Trial Acquittal

Not guilty verdict by New York jury or judge. New York criminal juries are 12 for felony indictments, 6 for misdemeanors in NYC and 6 elsewhere, and must be unanimous (N.Y. Const. Art. I, § 2).

Post-Conviction Relief

New York CPL § 440.10 (motion to vacate judgment) and § 440.20 (motion to set aside sentence). State habeas corpus (CPLR Art. 70). No strict SOL but laches doctrine applies; ineffective assistance and newly discovered evidence claims robust.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in New York?

When Do You Need a Criminal Defense Attorney in New York?

Types of Criminal Defense Cases in New York

Common New York Criminal Defense Mistakes

How Much Do New York Criminal Defense Attorneys Cost?

What Can Your New York Criminal Defense Compensation Include?

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