Criminal Charges We Defend in Rochester, NY
The right defense depends on the charge, the evidence, your prior record, and where the case stands. We handle:
Some charges bring consequences outside the courtroom. A DWI arrest, for example, starts a separate case with the DMV. Jobs, professional licenses, and family matters can also need attention, and we keep an eye on those pieces from the start.
Where Your Case Will Be Heard: Rochester City Court, Monroe County Court, and Federal Court
Knowing which court has your case helps you know what comes next. In and around Rochester, that usually means one of these:
- Rochester City Court sits in the Hall of Justice at 99 Exchange Boulevard. It handles misdemeanors and lesser offenses, and it is where felony cases begin with an arraignment, the first court appearance where charges are formally read.
- Town and village courts hear many misdemeanor and DWI cases that start outside the city limits. Most towns in Monroe County run their own justice court.
- Monroe County Court handles felony cases once a grand jury indicts. The Monroe County District Attorney’s Office prosecutes those cases.
- Treatment-based courts. Monroe County has long-run problem-solving courts, including a drug treatment court that has operated in Rochester since the 1990s and an Integrated Domestic Violence Court for families with related criminal and family cases. Whether a case qualifies depends on the charge, the person’s history, and the court.
- U.S. District Court, Western District of New York. Federal charges are heard here, including at the federal courthouse at 100 State Street in Rochester.
Which court applies, and what happens there, depends on the facts of each case.
What Criminal Defense Representation May Involve
A criminal case may involve an investigation, arraignment, discovery, motions, negotiations, hearings, trial, and sentencing. Discovery is the process through which case materials are disclosed to the defense. Not every matter involves every stage, so we tailor our work to the charge, evidence, and procedural posture.
Our review and preparation may include:
- Gathering facts - Examining the circumstances surrounding the investigation, arrest, and filing of charges.
- Reviewing evidence - Assessing police reports, witness accounts, recordings, physical evidence, forensic material, and statements attributed to the accused.
- Handling court appearances - Advising the client about upcoming proceedings and presenting the defense position in court.
- Evaluating negotiations - Considering available options in light of the evidence, charges, and the client’s priorities.
- Preparing for trial - Developing and presenting a defense when the case proceeds to trial.
Throughout this process, we provide one-on-one attorney access and explain the practical considerations behind important decisions. No general process description can determine what will happen in a particular case, which is why our representation is based on the individual facts.
Rochester DWI Lawyer: First-Offense DWI, Aggravated DWI, and DWAI Charges
New York treats drunk and impaired driving as two separate fights. One happens in criminal court. The other happens at the DMV. You can lose your license even if the criminal case goes well, so both need attention from day one.
If you are looking for a Rochester DWI lawyer, it helps to know which charge you are actually facing. The three most common are not the same.
DWAI (Driving While Ability Impaired)
A DWAI charge means police believe alcohol (or drugs) impaired your ability to drive, even if your blood alcohol content (BAC) was below the legal limit. In New York, a first-offense DWAI is a traffic violation, not a crime. It can still bring a fine, a license suspension, a record, and a DWAI conviction, which can count against you if you are charged again within five years.
DWI (Driving While Intoxicated)
A DWI charge usually involves a BAC of 0.08% or higher, or evidence that you were intoxicated, regardless of what the number showed. A first-offense DWI is a misdemeanor. That means a criminal record, a possible jail sentence, a fine, a license revocation, and typically an ignition interlock requirement if you are convicted.
Aggravated DWI
Aggravated DWI applies when a chemical test shows a BAC of 0.18% or higher. A first offense is still a misdemeanor, but the fines are higher, and the minimum license revocation is longer. A prior DWI within ten years, or a child under 16 in the car, can turn a DWI into a felony.
The Criminal Court Side
A DWI case in New York often starts with a traffic stop and ends with a long list of questions, including:
- Why were you pulled over?
- Was there a lawful reason to stop the car?
- Were field sobriety tests given correctly?
- Was the breath or blood test done properly and by someone trained to do it? How was the machine maintained?
Our lawyers go through each of these steps, along with body camera footage, police reports, and lab records.
When you look for a DWI defense attorney in Monroe County that judges and prosecutors know, the local landscape matters. Some cases are heard in Rochester City Court. Others are in a town or village court in the suburbs, and each has its own judges, prosecutors, and habits. Plea offers, conditions, and timing can differ from one court to the next.
The DMV Side
Your license is at risk in a few different ways, and each one runs on its own track:
- At arraignment. If a chemical test shows a BAC of 0.08% or higher, the judge may suspend your license while the case is pending.
- After a conviction. The DMV revokes or suspends your license under the rules for the charge.
- After a refusal. If you said no to the chemical test, the DMV holds its own hearing, even if the criminal charge is later reduced or dismissed.
Questions about a DMV hardship license Rochester drivers can qualify to come up in almost every DWI case, because people cannot get to work, school, or medical appointments without driving. The DMV uses different names for limited driving privileges. Depending on your situation, you may be able to apply for a hardship privilege while a case is pending or for a conditional license through the Drinking Driver Program after a conviction. Eligibility depends on the charge, your record, and whether you took the test. Talk to a lawyer before you assume you do or do not qualify.
Refused Breathalyzer: New York Penalties
The refused breathalyzer penalties in NY are mostly civil, and they are not light. A refusal is not a crime on its own. But if the DMV finds that you refused after being properly warned, the usual first-time penalty is a license revocation of at least one year plus a $500 civil penalty. The penalties rise for repeat refusals or a prior alcohol-related record within five years, and commercial drivers face tougher rules. People who refuse a chemical test are generally not eligible for a conditional license. The refusal can also be brought up at the criminal trial.
The DMV has to prove its case at the refusal hearing. Did the officer have a lawful reason to stop and arrest you? Were you clearly warned about the consequences? Did you actually refuse? Those questions can matter, so it is worth bringing a lawyer to the hearing and not only to the criminal case.
Drug Defense Attorney in Rochester, NY: State vs. Federal Charges, Searches, and Diversion
A drug charge can be a small misdemeanor case or a long federal prosecution. If you are searching for a drug defense attorney in Rochester residents can trust, start by figuring out which kind of case you are in.
State Charges Vs. Federal Charges
Most drug cases in Monroe County start with local or county police and are prosecuted by the Monroe County District Attorney under New York law. Possession charges range from misdemeanors to serious felonies, depending on the type and weight of the substance and the circumstances around it. If you're searching for a Monroe County drug possession lawyer, the amount, where the drugs were found, and whether anyone claims you intended to sell them can change the picture a great deal.
Federal cases look different. They are usually brought by the U.S. Attorney’s Office after an investigation by agencies like the DEA or Homeland Security Investigations. They often involve larger quantities, multiple people, wiretaps, informants, or cross-state activity. Federal law can carry mandatory minimum sentences based on drug type and weight, and there is no parole in the federal system.
Conspiracy charges deserve special attention. Under federal law, prosecutors can charge conspiracy when they say two or more people agreed to commit a drug crime, even if no drugs were found on you. A federal drug conspiracy lawyer in NY looks closely at what the government can actually show: who agreed to what, who said what, and whether the evidence comes from someone with a reason to cooperate. John Gilsenan has tried drug trafficking and conspiracy cases and is admitted to practice in the Western and Northern Districts of New York.
Search and Seizure Problems
Many drug cases depend on a search. That makes the Fourth Amendment central. We look at questions like:
- Did police have a legal reason to stop the car or the person?
- Did they have a warrant, and was it valid and specific?
- If there was no warrant, did an exception actually apply?
- Was consent to search real, or was it pressured?
- Did officers go beyond what the stop allowed?
If a court finds that evidence was obtained illegally, it may be thrown out. Without that evidence, the prosecution’s case may look very different.
Diversion and Treatment Options in Monroe County
Not every drug case has to end with a conviction or a jail sentence. In some cases, New York law allows judicial diversion for people charged with certain drug and related felonies, which can lead to a treatment program instead of the usual path. Monroe County also has treatment court options, and some misdemeanor cases can end with a reduced charge or a conditional discharge once conditions are met.
Eligibility depends on the specific charge, your criminal history, whether the offense is considered violent, your treatment needs, and what the judge and prosecutor think. Participation also comes with real obligations, like testing, treatment, and regular court check-ins. We can walk you through what is realistic before you decide anything.
Assault Attorney in Rochester, NY: Violent Crimes and Domestic Violence Defense
Assault charges can come from a bar fight, a family argument, a sports game gone wrong, or a split-second decision that someone remembers differently. If you need an assault attorney in Rochester, these are the basics worth knowing.
The Degrees of Assault in New York
New York grades assault by how serious the injury was, what was used, and who was hurt. In general:
- Assault in the third degree is a class A misdemeanor. It usually involves causing physical injury on purpose, or injuring someone recklessly or with criminal negligence using a weapon or dangerous instrument.
- Assault in the second degree is a class D violent felony. It can involve serious physical injury, the use of a dangerous instrument or weapon, or injuring certain protected people, such as police officers or other first responders.
- Assault in the first degree is a class B violent felony. It generally involves intent to cause serious physical injury using a weapon or dangerous instrument, or conduct that causes serious disfigurement.
The label matters because the penalties climb quickly. A violent felony can bring state prison time, and it can limit options like probation or diversion.
Self-Defense in New York
Self-defense law in NY allows a person to use reasonable force to protect against what they reasonably believe is the imminent use of unlawful force. Deadly force is allowed in narrower situations, such as when a person reasonably believes they are facing deadly force or certain serious crimes. There can also be a duty to retreat if you can do so safely, with exceptions that include your own home in many cases.
Here's the part many people do not know. Once a self-defense claim is properly raised, the prosecution has to disprove it beyond a reasonable doubt. These cases often come down to details: who started it, what each person saw, what was said, and what the video or injuries show. That is why early investigation matters.
Orders of Protection and What's Required
In many assault and domestic violence cases, a judge issues a temporary order of protection at the first court appearance. It can happen before you have told your side of the story. The order might require you to stay away from a person, a home, or a workplace, or it might limit contact in other ways. It can also include orders related to firearms.
Two things trip people up. First, only a judge can change or end the order. Second, if the other person contacts you and says it is okay, that does not make it okay. Violating an order of protection can lead to a new charge, such as criminal contempt, on top of the original case.
Domestic Violence Cases in Local Courts
New York does not have one crime called “domestic violence.” Instead, the label is attached to charges like assault, harassment, strangulation, or criminal contempt when the people involved are family members, partners, or live together. Police have less room to decide not to arrest in these situations, and prosecutors can move forward even if the complaining person later wants to drop the case.
In Monroe County, these cases may be heard in Rochester City Court, a town or village court, or Monroe County Court. When there are also related family issues, like custody or a family offense petition, the Integrated Domestic Violence Court may be involved. If you need a domestic violence defense lawyer in Rochester, it helps to speak with one before you contact the other person or go back to a shared home. Details like these can affect both the criminal case and the family case.
Federal Criminal Defense Lawyer in Rochester: White Collar Crime and the Western District of New York
Federal cases play by different rules than state cases. The investigations tend to run longer, the prosecutors have large teams, and the sentencing system works differently. If you are looking for a federal criminal defense lawyer in Rochester, the experience of the lawyer in that specific courtroom matters.
Osborn Reed & Burke represents clients in federal court in Rochester and Buffalo. John Gilsenan is admitted to practice in the U.S. District Court for the Western District of New York, the Northern District of New York, and the Second Circuit Court of Appeals. He began his career as a federal public defender and has tried federal cases involving COVID program fraud, public corruption, conspiracy, and drug trafficking. For people searching for a WNY federal court attorney, that background in federal indictments, motions, and trials is a big part of what we offer.
How a Federal Case Usually Unfolds
- Investigation. Federal agents may have been looking at a person or business for months or longer. Some people learn about it from a subpoena, a search warrant, or a letter calling them a “target” or “subject.”
- Grand jury and indictment. Federal felonies generally require an indictment from a grand jury. The grand jury process is one-sided, and the defense is usually not in the room.
- Initial appearance and detention. A magistrate judge decides whether you can be released while the case is pending, and under what conditions.
- Discovery and motions. The government hands over evidence, and the defense can file motions to challenge searches, statements, or the charges themselves.
- Plea or trial. Most federal cases end in a plea agreement, but some go to trial.
- Sentencing. Federal judges look at the sentencing guidelines, the offense conduct, and the person’s background, among other factors.
White Collar and Fraud Defense
A white collar crime lawyer in Rochester, NY, often works on cases where no one is accused of violence, but the stakes are still high. Common federal and state allegations include:
- Wire fraud and mail fraud
- Bank fraud
- Health care fraud
- COVID relief and government program fraud
- Tax offenses
- Embezzlement and theft from an employer
- Public corruption
These cases tend to hinge on intent. Did the person knowingly mean to deceive anyone, or was it a mistake, a bad accounting practice, or a misunderstanding about a program’s rules? The government usually builds its case from emails, financial records, and testimony from people who may be cooperating to help themselves. Careful review of that paper trail is a major part of the defense.
If Federal Agents Contact You
Federal agents sometimes reach out before charges are filed. They may seem friendly and say you are only a witness. A statement made to a federal agent can be used against you, and making a false statement to one can be its own federal crime. John has represented individuals and small businesses in grand jury proceedings and government investigations. If you get a call, a visit, or a subpoena, speak with a lawyer first.
What Criminal Defense Representation Involves
A criminal case can include an investigation, an arraignment, discovery, motions, negotiations, hearings, a trial, and sentencing. Not every case goes through every step. Our work depends on the charge, the evidence, and where the case stands.
Here is what that can look like in practice:
- Gathering facts. We look at how the investigation started, how the arrest happened, and how the charges were filed.
- Reviewing evidence. That includes police reports, witness statements, video, physical evidence, lab work, and anything you are said to have told police.
- Handling court dates. We tell you what to expect before each appearance and speak for you in court.
- Weighing options. If the prosecution makes an offer, we help you compare it to the risks of going forward.
- Preparing for trial. If a case needs to be tried, we prepare it from the start, not at the last minute.
You will have direct access to your attorney throughout. We explain the reasons behind big decisions, so you are not left guessing.
Legal Help During an Investigation or After Charges
Early legal involvement can affect how you communicate with investigators, respond to court requirements, and preserve potentially relevant information. If you or a loved one is under investigation or facing charges, contact our lawyers as soon as possible. After you reach out, we can begin reviewing the available evidence, identifying immediate concerns, and preparing an individualized defense strategy.
We serve clients throughout Rochester and the Greater Rochester Area with practical guidance, responsive communication, and litigation capabilities suited to serious criminal matters. Before discussing case facts publicly or answering investigators’ questions, seek advice based on your specific circumstances.
Call (585) 542-1778 today to begin a confidential consultation.
Frequently Asked Questions About Criminal Defense in Rochester
Should I talk to the police if I’ve been arrested?
You can be polite, give your name, and say you want to speak with a lawyer. You do not have to answer questions about what happened. Anything you say can be used in court, and even a casual comment can be taken out of context. Ask for an attorney and then stop talking about the case.
What happens at my first court appearance in Rochester?
The first appearance is the arraignment. The judge reads the charges, you enter a plea (usually not guilty), and the court decides on release conditions like bail or supervision. In some cases, an order of protection is issued at this stage. It is usually short, but a lot gets decided, so having a lawyer there can matter.
Do I really need a lawyer for a first-time DWI in Monroe County?
A first-offense DWI is a misdemeanor, which means a possible criminal record, fines, a license revocation, and sometimes jail. There is also a separate DMV process that can affect your license. A lawyer can review whether the stop and tests were handled properly and help you with both the court case and the DMV.
What are the penalties for refusing a breathalyzer in New York?
Refusing a chemical test after a DWI arrest is a civil matter, not a crime. If the DMV upholds the refusal, the license revocation is at least one year for a first refusal, with a $500 civil penalty plus other fees. The refusal can also be used as evidence in the criminal case. The DMV has to prove its case at a hearing.
Can I get a hardship license after a DWI arrest in Rochester?
Possibly. New York offers limited driving privileges in some situations, such as a hardship privilege while a case is pending or a conditional license after a conviction. They are generally not available to people whose license was revoked for refusing a chemical test. Eligibility depends on your charge, your record, and DMV rules.
What is the difference between a misdemeanor and a felony in New York?
A misdemeanor carries a maximum of one year in jail. A felony can lead to more than a year in state prison. Felonies are also treated more seriously in terms of long-term consequences, like gun rights, employment, and immigration. Felonies are prosecuted in Monroe County Court after an indictment, while many misdemeanors stay in city, town, or village court.
Can I still go home if there is an order of protection against me?
Not always. If the order includes a stay-away provision that covers a shared home, you may have to leave and stay away, even if it is your residence. Only a judge can change the order. The other person’s permission does not count. Speak with a lawyer about how to get belongings or ask the court to modify the order.
Is self-defense a valid defense to assault charges in New York?
Yes, it can be. New York law allows reasonable force to defend against what you reasonably believe is unlawful force. Deadly force is allowed only in narrower situations, and sometimes there is a duty to retreat if you can do so safely. If self-defense is raised, the prosecution has to disprove it beyond a reasonable doubt.
Can I be charged with a drug crime if the drugs weren’t on me?
Yes. Prosecutors can charge possession based on “constructive possession,” meaning they claim you had control over the drugs or the place they were found, such as a car or a shared room. Federal drug conspiracy charges can also be filed against people who allegedly agreed to take part in a drug operation. These cases often depend on proof of knowledge and control.
What should I do if a federal agent contacts me?
Be polite, do not answer questions, and call a lawyer. You are allowed to say you want an attorney present. Statements to federal agents can be used against you, and a false statement can lead to its own charge. If you get a subpoena or a target letter, bring it to a lawyer right away.
Talk With a Rochester Criminal Defense Lawyer
If you or someone you care about is under investigation or has been charged, early legal advice can make a difference. It can affect how you respond to police, what you say in court, and what evidence gets preserved. Our office is at 200 Canal View Blvd., Suite 200, Rochester, NY 14623, and we also have an office in East Aurora.
Call (585) 542-1778 to set up a confidential consultation, or contact us online.
