Best Criminal Defense Attorneys in NYC, NY
Compare Top Criminal Defense Attorneys
| Lawyer Name | NY Bar Association Status | Year Admitted to NY Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Jay K. Goldberg | Active | 1983 | George Washington University School of Law | |
| Jonathan Harris | Active | 1990 | Stanford Law School | |
| Justine A. Harris | Active | 1997 | Columbia Law School | |
| James A. Mitchell | Active | 1990 | University of Pennsylvania Law School | |
| Sandra L. Musumeci | Active | 2001 | Harvard Law School | |
| Thomas C. Rotko | Active | 1996 | University of Pennsylvania Law School | |
| Kenneth I. Schacter | Active | 1980 | Columbia Law School | |
| Roger Stavis | Active | 1983 | George Washington University Law School | |
| Jeremy H. Temkin | Active | 1988 | University of California Los Angeles (UCLA) School of Law | |
| John R. Wing | Active | 1964 | University of Chicago Law School |
What Is a Criminal Defense Lawyer?
Criminal defense lawyers ensure that anyone charged with criminal activity is treated fairly, given a fair trial and offered legal assistance at an extremely vulnerable point in their life. Defense attorneys guide their clients through their rights as a charged person, require that they be treated according to the law, educate clients on their legal options and help them make smart choices, such as when to accept a plea bargain.
Public Defender vs. Private Criminal Attorney
Individuals charged with a crime may have the option to choose between a public defender and a private attorney to represent them.
A public defender is appointed by the court to defend individuals who cannot afford to hire a private lawyer. Private lawyers are those hired by the accused, or their family, and typically cost thousands of dollars in contrast to the free legal aid of a defender. Given the number of individuals seeking free legal help, public defenders may have less time to work with you closely on your case.
Should You Represent Yourself in a Criminal Case?
Everyone has the right to represent themselves in court—rather than utilizing the assistance of a lawyer. In cases where the charge is very minimal and only involves a small fine, representing yourself in court may make sense. However, in more complex matters beyond infractions, such as a DUI charge, having a lawyer gives you the best chance possible at a positive outcome.
The Legal Process for Criminal Cases
Though each case has its own nuances regarding the legal process, every case must follow specific procedures. Here are the steps you can expect to go through for your criminal case.
- Arrest. A police officer arrests you, reads you your Miranda Rights and takes you to the local police station for processing. At the station, police and staff take your personal information and begin organizing evidence of the alleged crime.
- Arraignment. During an arraignment, the charged individual is brought before a judge. The judge reads the defendant’s criminal charges and the defendant pleads guilty or not. At this stage, the judge may also determine the bail amount—how much money is required for the defendant to be released from jail—if any.
- Pre-Trial. If the defendant has not plead guilty, then the pre-trial stage begins. At this point in the legal process, both sides share information required to prepare their cases for trial.
- Trial. At trial, the prosecutor has a burden of proof to show the judge or jury (if applicable) that the defendant is guilty beyond a reasonable doubt. They use physical evidence and call witnesses. The defense is not required to offer any proof during trial, as the defendant is assumed to be innocent until proven guilty. However, a defense lawyer may present evidence and call witnesses. Once both sides have made their cases, the judge or jury makes their final decision, known as a verdict.
- Sentencing. If the defendant is found guilty, they may be sentenced right away or is given a separate date for a sentencing hearing in the future.
Resolving a Criminal Case in New York
If you are charged or convicted of a crime in New York, you have a number of options and guidelines to be aware of. You can plea bargain, or negotiate with the prosecutor to plead guilty to your offense in exchange for a reduced sentence. If you are convicted of a crime, the severity of the sentence depends on the seriousness of the crime, and if you are a repeat offender.
Some crimes, such as possessing narcotics, are typically punishable via probation. This entails supervision by the Department of Probation for a specified time period.
More serious crimes (i.e. felonies), such as murder or rape, have sentences ranging from one year to life imprisonment. Even if you serve jail time, probation may be required upon release, depending on your case.
Expungement in New York
Expungement, or the process of erasing your criminal record, is a legal process available in many states. In New York, a criminal record cannot be technically erased but it can be sealed—meaning the information within it is no longer accessible to the public. However, your record is still potentially accessible under certain circumstances, such as if you apply for a job that requires a firearm.
To seal your criminal record, depending on the severity of the crime committed, you need to wait for a period of three years. Cases like driving while impaired (DWI) cannot be sealed given their seriousness. If you want to seal your criminal record, you need to file a motion with the court. Depending on the complexity of your criminal record, you may want to reach out to a criminal defense attorney.
How to Choose the Best Criminal Lawyer in NYC, NY
Criminal charges, regardless of their severity, are no small matter to deal with. Making sure the attorney you choose is the perfect fit increases your chances of success in the courthouse. Here are a few qualities you should watch for in a criminal defense attorney from New York City.
- Highly organized. Between handling multiple lines of evidence, mountains of paperwork and ensuring all filings are completed efficiently, criminal cases require a diligent and organized approach throughout the entire process. Make sure the lawyer you decide to work with has a high attention to detail so nothing gets missed.
- Specific experience. Criminal defense lawyers can have varying backgrounds, ranging from white collar criminal defense to well-known felonies. Working with a lawyer that has deep experience in your specific matter increases your chances of success significantly.
- Fair fees. Some criminal defense lawyers operate on an hourly basis when it comes to billing, whereas others may use a flat-fee or retainer fee structure. It is critical to understand how your prospective attorney will bill you and how their fees compare to other attorneys in the area. New York City is home to hundreds of competent criminal defense lawyers, so make sure you choose someone who charges a fair amount for your case.
Methodology
To come up with the Best Criminal Defense Lawyers in New York City in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a criminal defense lawyer cost?
Given that criminal defense charges can range from misdemeanors to murder, the cost of a criminal defense lawyer scales with the seriousness of the crime committed—though this is not always the case. Generally speaking, expect to pay anywhere from a few thousand dollars to six figures, depending on the complexity of the situation.
What are the most serious criminal charges in the US?
Criminal charges are divided into three categories: infractions, misdemeanors and felonies, with felonies being the most serious. Infractions include receiving a ticket for breaking a law, such as speeding. Misdemeanors are more serious crimes such as DUIs or shoplifting. Felonies are divided into three separate classes (A, B and C) with Class A felonies such as first-degree murder, carrying the highest consequence—life in prison.
In many states, certain felonies are potentially punishable by death. These capital crimes are the most serious criminal charges possible.
What is the statute of limitations for criminal charges in NYC?
The statute of limitations, or the timeline a case has to be started against you, varies depending on the type of criminal charge. Burglary, for example, has a two- to five-year limitation period, depending on the facts surrounding the case. On the other hand, extremely serious crimes, such as first-degree murder, have no statute of limitations whatsoever.
