Felony Defense in Buffalo and Western New York

A felony is the most serious class of crime under New York law, an offense punishable by more than one year of incarceration, in many cases in state prison. If you or someone you love has been charged with a felony in Buffalo or anywhere in Western New York, the single most important thing you can do is call an experienced criminal defense attorney immediately. Sunil Bakshi and Joseph Leta are ready to step in at the earliest possible moment and fight for you.

The hours and days right after a felony arrest are critical. Decisions made about bail, statements to police, and how to approach a grand jury can shape the entire course of the case. This is not a moment to wait and see, and it is certainly not a charge to face alone. From the first phone call, we walk our clients, and their families, through every step of the process, explaining what is happening, what is at stake, and what comes next.

If there is one piece of advice we give above all others, it is this: do not talk to the police about the allegations without a lawyer present. It is natural to want to explain yourself, to clear up what feels like a misunderstanding, or to cooperate in the hope of making the problem go away. But anything you say can be used against you, and statements made in the stress and confusion of an arrest have a way of being misremembered, taken out of context, or turned into the centerpiece of the prosecution’s case. You have the right to remain silent and the right to counsel, and exercising those rights is not an admission of anything. The single best thing you can do after a felony arrest is to remain calm, decline to discuss the case, and call us.

What makes a charge a felony

In New York, crimes are divided into felonies, misdemeanors, and violations, and felonies sit at the top of that hierarchy. By definition, a felony is punishable by more than a year of imprisonment, and a conviction carries consequences that reach well beyond any sentence: a permanent criminal record, loss of certain civil rights, and lasting barriers to employment, housing, professional licensing, and more. Felonies themselves are graded by class, from the most serious down to the least, and the class of the charge drives the potential sentencing exposure:

• Class A felonies, the most serious offenses, carrying the longest potential terms of imprisonment.
• Class B and Class C felonies, serious offenses with substantial prison exposure.
• Class D and Class E felonies, the lower felony classes, still far more serious than any misdemeanor.

Where a particular charge falls within this structure, and whether prior convictions or other factors apply, has an enormous impact on what a client is facing. One of the first things we do is help you understand exactly where your charge sits and what that means.

Applying for bail

After a felony arrest, one of the earliest and most pressing questions is whether you will be released while the case is pending. At arraignment, the court decides whether to release you on your own recognizance, set non-monetary conditions, or set bail. New York recognizes several forms of bail, and the form the court chooses matters a great deal:

• Cash bail, paid in full to secure release.
• An insurance company bail bond, posted through a licensed bondsman.
• A partially secured or unsecured bond, where only a portion, or none, must be paid up front.

We move quickly to argue for the most favorable release terms available, because a client who is out of custody can participate far more fully in building a defense, keep working, and stay with their family while the case proceeds.

Securing a favorable release is about more than convenience. A client who remains in custody while a case is pending faces enormous pressure, lost income, strain on family, and the temptation to accept any resolution just to get out. A client who is released is in a far stronger position to help gather evidence, locate witnesses, and make sound decisions free of that pressure. That is why we treat the question of release as one of the first priorities in every felony case, and why we come to the arraignment prepared to make the strongest possible argument for the least restrictive conditions the law allows.

Felony hearings

In the early stage of a felony case, before any indictment, there may be an opportunity for a felony hearing in the local criminal court. This is a chance to test whether the prosecution has enough evidence to hold the case for the grand jury, and it can also be a valuable window into the strength of the People’s proof. Deciding whether and how to use a felony hearing is a strategic judgment that depends on the facts, and it is exactly the kind of decision that benefits from experienced counsel.

Grand jury and indictment

Most felony charges in New York must be presented to a grand jury, which decides whether there is legally sufficient evidence to formally accuse you in an indictment. The grand jury stage is one of the most consequential points in any felony case. Critical choices are made here, about what evidence the prosecution will present, and about whether the accused will testify, which is a right that must be weighed carefully. Having an attorney involved before and during this process can shape the charges that ultimately go forward, and in some cases affect whether the case proceeds at all.

Felony trials

If a case is not resolved earlier, it proceeds toward trial. A felony trial is a demanding, high-stakes proceeding: jury selection, opening statements, the cross-examination of the prosecution’s witnesses, the presentation of a defense, and closing arguments, all governed by exacting rules of evidence and procedure. Preparing and trying a felony to verdict is precisely why experience matters so much. We prepare every case thoroughly, as though it will be tried, so that whether your case is resolved by motion, negotiation, or verdict, it is handled from a position of strength.

Pre-trial motions and investigation

A great deal of the most important work in a felony case happens before any trial begins. After reviewing the evidence the prosecution is required to disclose, we look hard at whether the police followed the law at every step. Where appropriate, we file pre-trial motions that can reshape a case, including challenges to:

• The legality of a stop, search, or seizure that produced physical evidence
• The admissibility of statements alleged to have been made by the accused
• Identification procedures used by the police
• The legal sufficiency of the evidence presented to the grand jury

A successful motion can result in critical evidence being suppressed, charges being reduced, or, in some cases, an indictment being dismissed outright. Just as importantly, the issues raised in motion practice often reshape the negotiating posture of a case, opening the door to a far better resolution than would otherwise be on the table. This is detailed, technical work, and it is where experience and thorough preparation pay off most.

Standing with you and your family

A felony charge does not just affect the person accused. It affects an entire family. Parents, spouses, and children are often frightened, confused, and unsure where to turn. We make a point of keeping clients and their loved ones informed, of answering questions honestly, and of being reachable when it matters. Because a felony arrest can happen at any hour, we respond as quickly as we can when you reach out. From the first call through the final resolution of the case, our goal is to make sure you never feel alone in the process.

Only experienced attorneys should handle these matters

We cannot stress this enough: a felony is not a charge to entrust to inexperience. The stakes (years of your life, your freedom, and a permanent record) are simply too high. Each step in the process, from bail through grand jury to trial, involves judgment calls that come only with experience handling serious criminal matters across Western New York’s courts. If your charge is a lesser offense, you may instead want to read about our misdemeanor defense work, but where a true felony is involved, do not take chances.