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A Skilled Advocate In Your Corner

Facing violent crime charges can be an intimidating experience. In addition to the potential for serious criminal penalties like fines and prison time, there is the feeling of being up against a system that is not there to help you. The police, the prosecuting attorney, the judge and the jury: None of them are there to help you. The most important thing you can do to avoid a violent crime conviction is to work with an experienced, knowledgeable attorney who will fight for you. You need an advocate.

Attorney Louis C. Mussari is a skilled, tenacious advocate. In addition to his criminal defense experience, he has spent nearly a decade as a prosecutor in Erie County. That experience is a tremendous benefit to the firm’s clients because he knows how prosecutors handle these cases. This strategic advantage has resulted in many successful violent crime cases being defended. At Louis C. Mussari, Attorney at Law, in Buffalo, New York, you can trust your legal advocate.

Handling All Types Of Violent Crime Cases

The firm provides a strong defense against criminal charges that include:

  • First-degree murder, which is an intentional, premeditated killing
  • Murder in the second degree, which includes intent to kill, but not premeditation
  • Criminally negligent homicide or manslaughter
  • Felony murder, which is causing death during the commission of a felony (robbery, burglary, drug transactions)
  • Vehicular manslaughter – drunk driving, racing, etc.
  • Robbery and armed robbery
  • Rape and other violent sex crimes
  • Strangulation
  • Carjacking
  • Kidnapping
  • Assault

Felony assault is a common violent crime charge. In short, it is an assault charge that involves serious bodily injury, the use of a weapon or an assault that occurs during the commission of another crime.

Domestic Violence

Another common violent crime charge is domestic violence (DV). The police and prosecutors are extremely aggressive in making arrests and prosecuting DV cases, and many DV cases are brought as felonies. While many DV claims are legitimate, there are many instances that involve exaggeration of situations, witnesses misunderstanding a basic familial argument and false accusations.

Violent Crimes – Legal Overview

The tabs below contain some additional legal information on violent crimes in the State of New York.

  • Statutes
  • Possible Penalties
  • Defense Strategies

At Louis C. Mussari Law Firm, we possess a deep understanding of violent crime statutes, ensuring that you receive expert and compassionate legal representation. Our mastery of these laws allows us to craft a defense strategy that is both robust and tailored to your unique circumstances. We stand committed to navigating the complexities of your case, providing you with the best chance for a favorable outcome.

  • Strangulation: Article 121 – Strangulation and related offenses (§§ 121.11-121.14).
  • Carjacking: Article 160 – Robbery.
  • Kidnapping: Article 135 – Kidnapping, coercion and related offenses (§§ 135.00-135.75).
  • Assault: Article 120 – Assault and related offenses (§§ 120.00-120.70).

Note: Please be aware that statutes may vary and are subject to interpretation on a case-by-case basis after an in-depth review of your situation.

At Louis C. Mussari Law Firm, we bring years of specialized experience in violent crime cases to your defense, treating you with the dignity and compassion you deserve. Our deep understanding of the complexities surrounding these serious offenses allows us to tailor a defense strategy that maximizes your chances for a favorable outcome. We are committed to standing beside you, ensuring that you are not alone during this challenging period in your life.

  • Class A Violent Felony:
    • Penalty: 20-25 years to life in jail
    • Examples: First-degree murder, terrorism
    • Additional Info: These are the most serious violent crimes and carry the harshest penalties. A life sentence may be imposed, and parole is often not an option.
  • Class B Violent Felony:
    • Penalty: Minimum 1-3 years, Maximum 25 years in jail
    • Examples: First-degree rape, first-degree robbery
    • Additional Info: While less severe than Class A felonies, these crimes still carry significant jail time. Parole may be possible after serving a minimum sentence.
  • Class C Violent Felony:
    • Penalty: 3.5 to 15 years in jail
    • Examples: Second-degree manslaughter, second-degree assault
    • Additional Info: These crimes are serious but considered less severe than Class A and B felonies. Parole is more likely but not guaranteed.
  • Class D Violent Felony:
    • Penalty: 2-7 years in jail
    • Examples: Second-degree robbery, second-degree rape
    • Additional Info: These are less severe violent crimes but still carry jail time. Parole is possible, and other sentencing options like probation may be considered.
  • Class E Violent Felony:
    • Penalty: No jail time, probation, or a maximum of 1.5-4 years in jail
    • Examples: Third-degree assault, stalking
    • Additional Info: These are the least severe class of violent felonies. Jail time is not mandatory, and alternatives like probation are often considered.

Note: Please be aware that possible penalties can vary significantly and are determined on a case-by-case basis after an in-depth review of your situation.

At Louis C. Mussari Law Firm, we don’t just represent you; we build a comprehensive violent crime defense strategy designed to protect your rights and secure the best possible outcome. Leveraging our extensive experience, we meticulously analyze every facet of your case to tailor a defense that meets your unique needs. We are here to guide you through this difficult journey, ensuring that you are empowered every step of the way.

  • Self-Defense: Arguing that the defendant’s actions were a reasonable response to an immediate threat to their safety or the safety of others.
  • Lack of Intent: Demonstrating that the defendant did not have the requisite intent to commit a violent crime, which is often an essential element of such offenses.
  • Alibi: Providing evidence that the defendant was not at the scene of the crime when it occurred, thereby making it impossible for them to have committed the crime.
  • Mistaken Identity: Arguing that the defendant was wrongly identified as the perpetrator, often supported by eyewitness testimony, forensic evidence, or other forms of identification.
  • Insanity Defense: Claiming that the defendant was not mentally capable of understanding the wrongfulness of their actions at the time of the crime.
  • Coercion or Duress: Asserting that the defendant was forced to commit the crime under the threat of immediate harm to themselves or others.
  • Entrapment: Arguing that law enforcement induced the defendant to commit a crime they would not have otherwise committed.
  • Violation of Constitutional Rights: Challenging the legality of evidence obtained through unlawful searches, seizures, or interrogations.
  • Plea Bargaining: Negotiating with the prosecution to reduce charges or penalties in exchange for a guilty plea, often to a lesser offense.
  • Challenging the Credibility of Witnesses: Cross-examining prosecution witnesses to expose inconsistencies, biases, or other factors that could undermine their testimony.

Note: It’s important to note that defense strategies may change and are tailored on a case-by-case basis after an in-depth review of your specific situation.

Statutes

At Louis C. Mussari Law Firm, we possess a deep understanding of violent crime statutes, ensuring that you receive expert and compassionate legal representation. Our mastery of these laws allows us to craft a defense strategy that is both robust and tailored to your unique circumstances. We stand committed to navigating the complexities of your case, providing you with the best chance for a favorable outcome.

  • Strangulation: Article 121 – Strangulation and related offenses (§§ 121.11-121.14).
  • Carjacking: Article 160 – Robbery.
  • Kidnapping: Article 135 – Kidnapping, coercion and related offenses (§§ 135.00-135.75).
  • Assault: Article 120 – Assault and related offenses (§§ 120.00-120.70).

Note: Please be aware that statutes may vary and are subject to interpretation on a case-by-case basis after an in-depth review of your situation.

Possible Penalties

At Louis C. Mussari Law Firm, we bring years of specialized experience in violent crime cases to your defense, treating you with the dignity and compassion you deserve. Our deep understanding of the complexities surrounding these serious offenses allows us to tailor a defense strategy that maximizes your chances for a favorable outcome. We are committed to standing beside you, ensuring that you are not alone during this challenging period in your life.

  • Class A Violent Felony:
    • Penalty: 20-25 years to life in jail
    • Examples: First-degree murder, terrorism
    • Additional Info: These are the most serious violent crimes and carry the harshest penalties. A life sentence may be imposed, and parole is often not an option.
  • Class B Violent Felony:
    • Penalty: Minimum 1-3 years, Maximum 25 years in jail
    • Examples: First-degree rape, first-degree robbery
    • Additional Info: While less severe than Class A felonies, these crimes still carry significant jail time. Parole may be possible after serving a minimum sentence.
  • Class C Violent Felony:
    • Penalty: 3.5 to 15 years in jail
    • Examples: Second-degree manslaughter, second-degree assault
    • Additional Info: These crimes are serious but considered less severe than Class A and B felonies. Parole is more likely but not guaranteed.
  • Class D Violent Felony:
    • Penalty: 2-7 years in jail
    • Examples: Second-degree robbery, second-degree rape
    • Additional Info: These are less severe violent crimes but still carry jail time. Parole is possible, and other sentencing options like probation may be considered.
  • Class E Violent Felony:
    • Penalty: No jail time, probation, or a maximum of 1.5-4 years in jail
    • Examples: Third-degree assault, stalking
    • Additional Info: These are the least severe class of violent felonies. Jail time is not mandatory, and alternatives like probation are often considered.

Note: Please be aware that possible penalties can vary significantly and are determined on a case-by-case basis after an in-depth review of your situation.

Defense Strategies

At Louis C. Mussari Law Firm, we don’t just represent you; we build a comprehensive violent crime defense strategy designed to protect your rights and secure the best possible outcome. Leveraging our extensive experience, we meticulously analyze every facet of your case to tailor a defense that meets your unique needs. We are here to guide you through this difficult journey, ensuring that you are empowered every step of the way.

  • Self-Defense: Arguing that the defendant’s actions were a reasonable response to an immediate threat to their safety or the safety of others.
  • Lack of Intent: Demonstrating that the defendant did not have the requisite intent to commit a violent crime, which is often an essential element of such offenses.
  • Alibi: Providing evidence that the defendant was not at the scene of the crime when it occurred, thereby making it impossible for them to have committed the crime.
  • Mistaken Identity: Arguing that the defendant was wrongly identified as the perpetrator, often supported by eyewitness testimony, forensic evidence, or other forms of identification.
  • Insanity Defense: Claiming that the defendant was not mentally capable of understanding the wrongfulness of their actions at the time of the crime.
  • Coercion or Duress: Asserting that the defendant was forced to commit the crime under the threat of immediate harm to themselves or others.
  • Entrapment: Arguing that law enforcement induced the defendant to commit a crime they would not have otherwise committed.
  • Violation of Constitutional Rights: Challenging the legality of evidence obtained through unlawful searches, seizures, or interrogations.
  • Plea Bargaining: Negotiating with the prosecution to reduce charges or penalties in exchange for a guilty plea, often to a lesser offense.
  • Challenging the Credibility of Witnesses: Cross-examining prosecution witnesses to expose inconsistencies, biases, or other factors that could undermine their testimony.

Note: It’s important to note that defense strategies may change and are tailored on a case-by-case basis after an in-depth review of your specific situation.

Fighting Back

There are many ways to fight back against the charges you are facing. Self-defense, mistaken identity, lack of motive or intent, errors of police procedural, other evidentiary issues and various mitigating circumstances can all be used to get results in your case. The most important thing is to work with an attorney you can trust to find the best path and the best strategy for your case.

Louis C. Mussari

Photo of Louis C. Mussari

To begin your criminal defense, talk with attorney Louis C. Mussari as soon as possible. Call 716-430-2147 or email the firm today to schedule a consultation.

Practice Areas

Drug Crimes
Sex Offenses
Violent Crimes
Gun Crimes
Juvenile Offenses
DWI/DUI Defense
Fraud & White Collar Crimes
Theft & Burglary

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Ask Yourself: Can You Afford Not To Call?

The decisions you make in the next days and weeks are critical. Will you get to keep living your life or will spend time in jail, pay thousands of dollars in fines, and suffer consequences for employment, education and where you live? Make the wise choice and call Louis C. Mussari, Attorney at Law, at 716-430-2147.

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