Brooklyn Criminal Defense Lawyer

Experienced Criminal Defense Attorney in Brooklyn, NY

If you’ve been accused of a crime in New York, you have legal rights. Whether you’re facing misdemeanor charges or felony accusations, a Brooklyn criminal defense lawyer can guide you through New York’s criminal justice system and protect your constitutional rights.

Since Brooklyn hosts one of the nation’s busiest criminal courts, it’s important to have an idea of the court procedures, laws that may have been violated, and penalties you could be facing if convicted, and how it could affect your future.

Get to Know Us

As a local law firm founded in 2022, The Law Office of Tracy & Tracy is dedicated to serving individuals throughout New York City with effective legal representation. Brendan Tracy and Victoria Tracy collectively spent decades in public service before founding the firm.

Brendan Tracy spent 13 years working as a prosecutor in Brooklyn, where he gained knowledge from handling cases such as DWI, domestic violence, and homicide. Brendan understands how prosecutors work to investigate crimes, weigh evidence, and prepare for trial.

Victoria Tracy worked for over 11 years with the New York City Administration for Children’s Services. In her role at ACS, Tracy litigated and supervised complex cases dealing with children and families.

Brendan and Victoria have spent years working in New York City, gaining relationships with courts, prosecutors, judges, and court staff all across the area. Brendan was recently elected to serve on the Richmond County Bar Association Board of Directors.

Criminal Charges in Brooklyn

Brooklyn hosts one of New York City’s busiest criminal court systems. With thousands of cases being filed each year, individuals are arrested every day for crimes in neighborhoods like Downtown Brooklyn, Williamsburg, Park Slope, Bedford-Stuyvesant, and Bay Ridge.

Police conduct traffic stops, investigations, and respond to emergency calls along the Brooklyn-Queens Expressway (I-278), Atlantic Avenue, and Flatbush Avenue, leading to charges throughout Brooklyn. A Brooklyn criminal defense attorney can assist you with charges like:

• DWI
• Drug possession
• Drug distribution
• Assault and other violent crimes
• Domestic violence
• Theft
• Burglary
• Robbery
• Weapons charges
• White collar crimes
• Fraud
• Probation violations 

Every situation is unique. The evidence obtained during an investigation determines how the prosecutor chooses to file charges.

Although Brooklyn reported a 25% decrease in homicides in 2025, those charged still have the right to hire a criminal defense attorney.

New York Criminal Defense Laws

Just like every state, New York has laws that govern criminal prosecutions and protect defendants’ rights. New York Penal Law defines offenses that warrant criminal prosecution in New York and explains what elements must be proved to convict the defendant. It also provides classifications of misdemeanors and felonies, sentencing ranges, and possible defenses to certain charges.

New York Criminal Procedure explains how criminal prosecutions progress through the courts. The criminal procedure law:

• Determines how arrests are made
• Outlines defendants’ rights at arraignments and bail hearings
• Sets rules for pre-trial motions, discovery, and suppression hearings
• Guides plea bargains
• Makes sure defendants’ constitutional rights are protected throughout criminal trials

Misdemeanors vs. Felonies

Brooklyn has an annual crime rate of 28.4 per 1,000 residents. The violent crime rate is 6.37, and the property crime rate is 22.03.

New York classifies criminal offenses as either a misdemeanor or a felony. Misdemeanors and felonies can result in lasting criminal records, monetary fines, probation, or even time in jail or prison.

Misdemeanors are less serious offenses. In New York, misdemeanors are broken down into either Class A or Class B misdemeanors.

Classes of misdemeanors can result in up to a one-year jail sentence, probation, monetary fines, or other conditions imposed by the court. Examples of misdemeanor charges include some theft crimes, simple assault, criminal mischief, and some DWI offenses.

Felony offenses are considered more serious in nature. New York breaks up felony offenses from Class E to Class A. Not only do felony convictions carry longer sentences that may require years in prison, but they also carry hefty monetary fines.

Felony convictions often have lasting effects on your professional and personal life. Some examples of collateral consequences include loss of employment, professional licensure, and your right to own a firearm. Robbery, burglary, drug crimes, and most violent crimes are felony charges.

FAQs

What Is the Difference Between Being Charged and Being Convicted?

The difference between being charged and being convicted is important. To be charged is to have prosecutors declare they have sufficient evidence to accuse you of committing a crime.

Conviction only happens if you plead guilty or are found guilty beyond a reasonable doubt in court. Just because you’ve been charged with a crime doesn’t make you guilty. The law presumes innocence until guilt is proven.

Can I Refuse to Answer Police Questions?

Yes, you can refuse to answer police questions. The US Constitution gives you the right to remain silent if questioned by the police.

Oftentimes, invoking that right can prevent your statements from being used against you later. If the police are questioning you about a criminal matter, you can ask to speak to an attorney before speaking with them.

What Happens if a Witness Changes Their Statement?

If a witness changes their statement, it can affect their trustworthiness. Occasionally, witnesses may qualify, recant, or alter their statements as a criminal case progresses.

The prosecutor and defense counsel may then cross-examine the witness about the change, and prior statements may be compared with later testimony. Statements that conflict can harm the witness’s credibility and may become a key issue at hearings or trial.

What Happens After a Criminal Case Ends?

After a criminal case ends, you may still have certain legal rights and responsibilities depending on how it was resolved. For example, you may need to follow probation requirements, pay fines, or complete court-ordered programs. You may also qualify for certain relief from criminal records consequences, as provided by New York law.

What Is a Bench Warrant?

A bench warrant is a judicial document that directs law enforcement officials to take someone into custody. Bench warrants are commonly issued when someone does not appear in court or disobey a court order.

Bench warrants stay active until served or recalled by the court. Someone with an active bench warrant may be arrested at their next traffic stop or police encounter.

Hire a Criminal Defense Lawyer

If you have been accused of a crime, hire a criminal defense lawyer today. The Law Office of Tracy & Tracy can help. We can come up with a criminal defense strategy in your favor. Contact us today for more information.

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