At Trbovich Law Firm in Buffalo, NY, we understand that facing a misdemeanor charge can be a stressful and overwhelming experience. Our team of dedicated misdemeanor defense lawyers is committed to providing robust legal representation to individuals accused of misdemeanor offenses. With years of experience navigating the New York legal system, we are well-equipped to handle a wide range of misdemeanor cases and protect your rights throughout the legal process. Contact us today for robust criminal defense.
Common Cases Our Misdemeanor Defense Lawyers Take
At Trbovich Law Firm, our misdemeanor defense lawyers have extensive experience handling a wide range of misdemeanor cases in Buffalo, NY, and the surrounding areas. Here are some of the most common types of misdemeanor charges we defend against:
Driving While Intoxicated (DWI) Criminal Defense Lawyer
In New York, a first-time DWI offense is typically charged as a misdemeanor. Our misdemeanor attorneys are well-versed in defending clients against these charges, which may involve:
- Challenging the validity of field sobriety tests
- Questioning the accuracy of breathalyzer results
- Examining the legality of traffic stops
- Negotiating for reduced charges or alternative sentencing options
Driving Under the Influence (DUI) Defense Attorney
While DUI is often used interchangeably with DWI in some states, in New York, it's typically referred to as DWI. However, our misdemeanor defense lawyers are prepared to handle cases where this terminology is used, especially for out-of-state clients. Our approach includes:
- Analyzing the specific circumstances of the arrest
- Investigating potential procedural errors
- Exploring options for plea bargains or diversion programs
Driving While Ability Impaired (DWAI) Lawyer
DWAI is a lesser offense than DWI but still carries significant penalties. Our misdemeanor attorneys defend clients against DWAI charges by:
- Scrutinizing evidence of impairment
- Challenging the officer's subjective observations
- Seeking alternatives to conviction, such as reduced charges or conditional discharge
Petty Theft and Shoplifting Defense Lawyer
These common misdemeanor offenses can have serious consequences. Our misdemeanor defense lawyers work to protect clients accused of:
- Petit larceny
- Shoplifting
- Theft of services
- Possession of stolen property
We explore all possible defenses, including lack of intent, mistaken identity, or improper valuation of allegedly stolen items.
Simple Assault and Battery Defense Attorney
Misdemeanor assault charges often arise from altercations or domestic disputes. Our misdemeanor attorneys defend clients against charges such as:
- Third-degree assault
- Attempted assault
- Reckless endangerment
- Menacing
We investigate all aspects of the incident, including claims of self-defense or defense of others.
Drug Possession Defense Attorney
Possession of small amounts of controlled substances is often charged as a misdemeanor. Our misdemeanor defense lawyers handle cases involving:
- Marijuana possession (in cases exceeding the decriminalized amount)
- Possession of controlled substances in small quantities
- Possession of drug paraphernalia
We scrutinize the legality of searches and seizures and explore options for drug diversion programs when appropriate.
Disorderly Conduct Lawyer
This misdemeanor offense often results from misunderstandings or overreactions by law enforcement. Our attorneys defend against charges such as:
- Disorderly conduct
- Disturbing the peace
- Obstructing governmental administration
We work to demonstrate lack of intent or challenge the subjective nature of these charges.
Criminal Mischief Attorney
Property-related misdemeanors can arise from various situations. Our misdemeanor lawyers defend clients against charges including:
- Fourth-degree criminal mischief
- Vandalism
- Graffiti
- Minor property damage
We investigate property boundaries, permission issues, and intent to build strong defenses.
Harassment Defense Lawyer
Misdemeanor-level harassment charges can have significant personal and professional consequences. Our attorneys handle cases involving:
- Second-degree harassment
- Aggravated harassment
We examine electronic evidence, witness credibility, and explore options for conflict resolution.
Trespass Defense Lawyer
Our misdemeanor defense attorneys handle various trespass-related charges, including:
- Third-degree criminal trespass
- Second-degree criminal trespass
We investigate circumstances surrounding the alleged trespass, including any misunderstandings about property boundaries or permission.
Petit Larceny Lawyer
As a common theft-related misdemeanor, we defend clients against petit larceny charges by:
- Challenging the valuation of allegedly stolen property
- Investigating claims of mistaken ownership
- Exploring alternatives to conviction for first-time offenders
Criminal Possession of Stolen Property Defense
Our misdemeanor lawyers defend against fifth-degree criminal possession of stolen property charges by:
- Examining evidence of knowledge that the property was stolen
- Challenging the prosecution's proof of possession
- Investigating the chain of custody of the allegedly stolen property
Unlawful Possession of Marijuana Defense
Despite recent changes in marijuana laws, some possession cases may still be charged as misdemeanors. We defend clients by:
- Scrutinizing the legality of searches and seizures
- Challenging the weight and nature of the substance
- Exploring diversion programs or treatment options
Resisting Arrest Defense
Our misdemeanor defense attorneys handle resisting arrest charges by:
- Examining the legality of the initial arrest
- Investigating potential use of excessive force by law enforcement
- Challenging the prosecution's evidence of intentional resistance
Unlawful Possession of Weapons
Some weapons-related charges can be classified as misdemeanors. We handle cases such as:
- Fourth-degree criminal possession of a weapon
- Improper storage of firearms
We scrutinize the circumstances of weapon discovery and possession, challenging charges when appropriate.
While these offenses may seem minor compared to felonies, they can still result in a criminal record that may impact your future employment, housing, and educational opportunities. That's why it's crucial to have a skilled misdemeanor defense attorney on your side.
Legal Consequences If Convicted of a Misdemeanor
At Trbovich Law Firm, we believe our clients must understand the potential consequences of a misdemeanor conviction in Buffalo, NY. While misdemeanors are generally considered less serious than felonies, they can still significantly impact your life. Here's an overview of the legal consequences you might face if convicted of a misdemeanor:
Jail Time
One of the most immediate and severe consequences of a misdemeanor conviction can be jail time. In New York:
- Class A misdemeanors can result in up to one year in jail
- Class B misdemeanors can lead to up to three months in jail
- Unclassified misdemeanors may have varying jail terms, typically up to one year
It's important to note that not all misdemeanor convictions result in jail time, especially for first-time offenders. Our misdemeanor defense lawyers work diligently to help clients avoid incarceration whenever possible.
Fines and Restitution
Misdemeanor convictions often come with financial penalties:
- Class A misdemeanors can incur fines up to $1,000
- Class B misdemeanors can result in fines up to $500
- Unclassified misdemeanors may have varying fine amounts
In addition to fines, you may be ordered to pay restitution to any victims of your offense. These financial burdens can be substantial and long-lasting.
Probation
Instead of or in addition to jail time, you may be sentenced to probation. This can last up to three years for a misdemeanor conviction. Probation often comes with conditions such as:
- Regular check-ins with a probation officer
- Drug testing
- Counseling or treatment programs
- Community service
Travel restrictions
Violating the terms of probation can result in additional penalties, including jail time.
Driver's License Suspension
Certain misdemeanor convictions, particularly those related to driving offenses like DWI, can result in the suspension or revocation of your driver's license. This can significantly impact your ability to work and carry out daily activities.
Criminal Record
A misdemeanor conviction results in a criminal record, which can have far-reaching consequences:
- Employment: Many employers conduct background checks and may be hesitant to hire individuals with criminal records.
- Housing: Landlords often run background checks and may deny housing to those with criminal convictions.
- Education: Some educational institutions, particularly in certain fields, may deny admission based on criminal history.
- Professional Licenses: Certain professions require licenses that may be denied or revoked due to a misdemeanor conviction.
Immigration Consequences
For non-citizens, a misdemeanor conviction can have serious immigration consequences, including:
- Deportation
- Inadmissibility (being barred from entering the U.S.)
- Ineligibility for certain immigration benefits or relief
If you're not a U.S. citizen, it's crucial to work with a misdemeanor defense lawyer who understands the immigration implications of criminal convictions.
Firearm Rights
Some misdemeanor convictions, particularly those involving domestic violence, can result in the loss of your right to own or possess firearms.
Public Record
Misdemeanor convictions become part of the public record. This means that anyone, including potential employers, landlords, or even curious individuals, can access this information.
Increased Penalties for Future Offenses
A misdemeanor conviction on your record can lead to harsher penalties if you're convicted of another offense in the future. Some misdemeanors can be elevated to felony charges for repeat offenders.
Personal and Professional Relationships
While not a direct legal consequence, a misdemeanor conviction can strain personal and professional relationships. It may affect child custody arrangements, damage your community reputation, or create workplace tension.
At Trbovich Law Firm, we understand that these consequences can be overwhelming. That's why our misdemeanor defense lawyers work tirelessly to defend our clients against misdemeanor charges. We explore every possible avenue to avoid conviction, including:
- Negotiating for reduced charges
- Seeking alternative sentencing options like diversion programs
- Challenging the prosecution's evidence
- Asserting strong legal defenses
If a conviction cannot be avoided, we strive to minimize the penalties and the long-term impacts on our clients' lives.
How Our Misdemeanor Defense Lawyers Can Help
At Trbovich Law Firm, we understand that facing a misdemeanor charge can be a daunting experience. Our team of dedicated misdemeanor defense lawyers is here to guide you through every step of the legal process and fight for your rights. Here's how we can help:
Thorough Case Evaluation
When you choose us as your misdemeanor defense attorney, we begin by comprehensively evaluating your case. This includes:
- Reviewing all available evidence, including police reports, witness statements, and any physical or digital evidence
- Identifying potential weaknesses in the prosecution's case
- Assessing the legality of any searches, seizures, or arrests
- Determining the most effective defense strategies for your specific situation
Our meticulous approach ensures that no stone is left unturned in building your defense.
Protection of Your Rights
As your misdemeanor lawyer, we are committed to protecting your constitutional rights throughout the legal process. We will:
- Ensure that law enforcement and prosecutors follow proper procedures
- Challenge any violations of your rights, such as illegal searches or coerced confessions
- Advocate for your interests at every stage, from arraignment to trial if necessary
Strategic Defense Planning
Based on our thorough case evaluation, we develop a tailored defense strategy. This may involve:
- Challenging the admissibility of evidence
- Questioning the credibility of witnesses
- Presenting alternative narratives that cast doubt on the prosecution's case
- Exploring legal defenses specific to your charge, such as self-defense or lack of intent
Our misdemeanor attorneys draw on years of experience to craft the most effective defense for your unique situation.
Skilled Negotiation
Many misdemeanor cases can be resolved through negotiation with prosecutors. Our misdemeanor defense lawyers are adept negotiators who can:
- Seek reduction or dismissal of charges when appropriate
- Advocate for alternative sentencing options, such as diversion programs or community service
- Negotiate plea bargains that minimize the impact on your life and future
We always prioritize your best interests and will provide honest advice about accepting a plea offer or proceeding to trial.
Strong Courtroom Representation
If your case goes to trial, you can count on our misdemeanor defense attorneys to provide robust representation in court. We will:
- Present a compelling case to the judge or jury
- Cross-examine prosecution witnesses effectively
- Introduce evidence that supports your defense
- Deliver persuasive opening and closing arguments
Our goal is to achieve the best possible outcome for your case, whether that's an acquittal, dismissal of charges, or minimized penalties.
Guidance on Collateral Consequences
As your misdemeanor attorney, we look beyond the immediate legal penalties to consider the broader impact of a conviction. We'll advise you on potential collateral consequences, such as:
- Effects on employment opportunities
- Impact on professional licenses
- Immigration consequences for non-citizens
- Implications for child custody arrangements
Understanding these potential outcomes allows us to fight not just for your immediate freedom, but for your long-term well-being.
Post-Conviction Support
Our support doesn't end with the resolution of your case. If necessary, we can assist with:
- Appeals of unfavorable verdicts
- Expungement or sealing of records when eligible
- Probation violations
- Restoration of rights
We're committed to helping you move past this challenging time and towards a brighter future.
Clear Communication and Support
Throughout your case, our misdemeanor defense lawyers will:
- Keep you informed about the progress of your case
- Explain complex legal concepts in understandable terms
- Promptly respond to your questions and concerns
- Provide emotional support during this stressful time
We believe that an informed client is an empowered client, and we're dedicated to ensuring you understand every aspect of your case.
At Trbovich Law Firm, we bring our knowledge, skills, and passion for justice to every misdemeanor case we handle. We understand the stress and uncertainty you're facing, and we're here to shoulder that burden with you. Our misdemeanor defense attorneys will fight tirelessly to protect your rights, preserve your freedom, and safeguard your future.
What To Do If Charged with a Misdemeanor in Buffalo
If you've been charged with a misdemeanor in Buffalo, NY, it's crucial to take immediate and appropriate action to protect your rights and future. At Trbovich Law Firm, we recommend the following steps:
Remain Calm and Exercise Your Right to Remain Silent
When facing a misdemeanor charge, feeling anxious or upset is natural. However, it's essential to stay calm and remember your constitutional rights. The most important of these is your right to remain silent. Anything you say can be used against you in court, so politely decline to answer questions about the alleged offense without a misdemeanor lawyer present.
Do Not Resist Arrest
Even if you believe the arrest is unjustified, do not resist. Resisting arrest is a separate misdemeanor charge in New York and can complicate your case. Comply with the officer's instructions, but remember that you're not obligated to answer questions about the alleged offense.
Request a Buffalo Criminal Defense Lawyer Immediately
As soon as possible, clearly state that you wish to speak with a misdemeanor defense attorney. This invocation of your right to counsel should pause any interrogation until your lawyer is present. At Trbovich Law Firm, our misdemeanor lawyers are available to assist you promptly.
Document Everything You Can Remember
Write down everything you can remember about the incident and your arrest as soon as you're able. Include details such as:
- What happened leading up to the arrest
- What the arresting officers said and did
- Names and contact information of any witnesses
- Any injuries you sustained during the arrest
This information can be invaluable to your misdemeanor defense attorney in building your case.
Attend All Court Appearances
Missing a court date can result in additional charges or a warrant for your arrest. Make sure you know the date, time, and location of all scheduled court appearances and attend them punctually. If you've hired our firm as your misdemeanor lawyer, we'll accompany you to these appearances and guide you through the process.
Do Not Discuss Your Case
Avoid discussing your case with anyone other than your misdemeanor defense attorney. This includes friends, family, and especially cellmates if you're in custody. Remember, anything you say can potentially be used against you. However, your communications with your misdemeanor lawyer are protected by attorney-client privilege.
Preserve All Potential Evidence
Don't delete any emails, text messages, social media posts, or other digital content related to your case, even if you think it might be incriminating. Your misdemeanor attorney must see all available evidence to build the strongest possible defense. Destroying evidence can lead to additional charges.
Contact Trbovich Law Firm for a Consultation
One of the most crucial steps is to contact an experienced misdemeanor defense lawyer as soon as possible. At Trbovich Law Firm, we offer consultations to discuss your case and outline potential defense strategies. The sooner you involve a misdemeanor attorney, the better your chances of a favorable outcome.
Follow Your Lawyer's Advice
Once you've retained our services, it's important to follow your misdemeanor lawyer's advice closely. We may recommend steps such as:
- Avoiding contact with alleged victims or witnesses
- Refraining from discussing your case on social media
- Attending counseling or treatment programs
- Gathering character references
These steps can be crucial in building a strong defense or negotiating for reduced charges.
Consider the Long-Term Implications
Remember that a misdemeanor conviction can have long-lasting consequences beyond any immediate penalties. It can affect your employment prospects, housing options, and personal relationships. That's why taking the charge seriously is crucial and working with a skilled misdemeanor defense attorney to protect your rights and future.
Don't Face Misdemeanor Charges Alone – Contact Trbovich Law Firm Today
A misdemeanor charge doesn't have to derail your future. At Trbovich Law Firm, our experienced misdemeanor defense lawyers are ready to fight for your rights and pursue the best possible outcome for your case. Don't wait – the sooner you act, the stronger your defense can be.
Misdemeanor Defense Lawyer FAQs
At Trbovich Law Firm, we understand that facing misdemeanor charges can be confusing and stressful. Here are answers to some frequently asked questions about misdemeanor defense:
What is considered a misdemeanor in Buffalo, NY?
A misdemeanor is a criminal offense that's more serious than a violation but less serious than a felony. In New York, misdemeanors are typically punishable by up to one year in jail. Common misdemeanors include petty theft, simple assault, DWI (first offense), and possession of small amounts of controlled substances.
Do I really need a criminal defense lawyer for a misdemeanor charge?
While you have the right to represent yourself, we strongly recommend working with a misdemeanor defense lawyer. The legal system is complex, and the consequences of a conviction can be severe. A skilled misdemeanor attorney can protect your rights, navigate the legal process, and work towards the best possible outcome for your case.
Can a misdemeanor charge be expunged from my record?
In New York, expungement (complete removal of a conviction from your record) is not generally available. However, certain misdemeanor convictions may be eligible for sealing after a waiting period. A misdemeanor defense attorney can advise you on whether your case might qualify for sealing and guide you through the process.
What's the difference between a misdemeanor and a felony?
The main differences are the severity of the crime and the potential penalties. Misdemeanors are less serious offenses, typically punishable by up to one year in jail. Felonies are more serious crimes, punishable by more than one year in prison. Felony convictions also tend to have more severe long-term consequences.
Can a misdemeanor charge be reduced to a violation?
In some cases, yes. Part of our strategy as misdemeanor defense lawyers often involves negotiating with prosecutors to reduce charges. Depending on the circumstances of your case and your prior record, it may be possible to have a misdemeanor charge reduced to a violation, which is a less serious offense.
Will I go to jail if convicted of a misdemeanor?
Not necessarily. While jail time is possible for misdemeanor convictions, there are often alternatives, especially for first-time offenders. These may include probation, community service, or participation in treatment programs. Our criminal defense attorneys work hard to help clients avoid jail time whenever possible.
How long does a misdemeanor stay on my record?
In New York, a misdemeanor conviction typically stays on your record indefinitely unless it's sealed. This is why it's crucial to fight the charges with the help of a skilled criminal defense attorney.
Can I lose my professional license over a misdemeanor conviction?
Possibly. Some professional licensing boards may take disciplinary action, including license suspension or revocation, for certain misdemeanor convictions. If you hold a professional license, it's important to inform your misdemeanor attorney so they can factor this into your defense strategy.
How long will my misdemeanor case take to resolve?
The duration of a misdemeanor case can vary widely depending on the specific charges, the evidence involved, and whether the case goes to trial. Some cases may be resolved in a few weeks, while others could take several months. Your misdemeanor defense lawyer can give you a better estimate based on the details of your case.
If you have more questions about misdemeanor defense in Buffalo, don't hesitate to contact Trbovich Law Firm. Our experienced misdemeanor lawyers are here to provide the answers and legal support you need during this challenging time.
