1. Nobles & DeCarolis
Focus Area: Criminal defense with former prosecutor experience and Top 100 Trial Lawyers recognition
Practice Areas: DUI/DWI, drug crimes, assault, theft, domestic violence, sex crimes, federal crimes, personal injury
Background: Both partners started out as young prosecutors at the Monroe County District Attorney’s Office. Over time they discovered that they preferred fighting for the rights of the accused against the government, and left to start their own private criminal defense practices. In 2015, they became partners in the Nobles & DeCarolis law firm to better serve clients both individually and, when requested, as a team. Together, they have successfully handled some of the most notorious and publicized local cases in recent years. In 2016, Nobles & DeCarolis added personal injury to the practice, taking their trial experience and skills to civil court to fight for the injured and their families. Clients appreciate the tireless work ethic, solid professional relationships within the legal community, and effective trial advocacy skills, which have led to an extensive list of acquittals at trial. This quality is reflected by national recognition as Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys.
Location: Rochester, New York
Contact: (585) 639-3111 | https://www.noblesdefense.com/
Consultation: Free case evaluation available
2. The Law Office of Frank Ciardi
Focus Area: Criminal defense with former prosecutor experience and 10+ years handling thousands of cases
Practice Areas: DWI, drug crimes, federal crimes, sex crimes, student crimes, violent crimes, white-collar crimes, misdemeanors
Background: If you face criminal charges in Rochester NY, you need a powerhouse defense to assert your legal rights and to guard your freedom. Frank Ciardi, a long-time native and distinguished criminal defense lawyer in Rochester NY, is proud to offer first-class service to each and every client during their time of need. The firm is backed by trial-tested skill, proven dedication, and history of success you can rely on, even in this stressful time. The Rochester criminal lawyers are ready to go over your possible defenses and legal options free of charge. The firm is proud to not only offer a tenacious defense but to also offer caring and personalized advocacy to every client. With over 10 years of experience, Attorney Ciardi knows how to handle criminal defense cases in order to protect you and your interests to the utmost of the firm’s ability. When selecting a criminal defense attorney in Rochester NY, you may wonder why it is advantageous for you to choose a former prosecutor. The truth of the matter is, Attorney Frank Ciardi has a unique insight into the world of criminal defense, as he has first-hand knowledge of how the entire process resolves.
Location: Rochester, New York
Contact: (585) 232-6830 | https://frankciardilaw.com/
Consultation: Free initial consultation available
3. James Egan Law
Focus Area: Criminal defense with former prosecutor experience and selection to Top 10 Criminal Defense Attorneys for Rochester 2024
Practice Areas: DWI, drug crimes, theft, assault, domestic violence, misdemeanors, felonies
Background: If you’re struggling with a legal issue, turn to James Egan Law for wise legal counsel. Attorney Egan stands out in the Rochester area because of his experience and skill. Early in his career he worked as a prosecutor, getting experience working on the inside of the New York criminal justice system. Since going into private practice, he has handled thousands of criminal cases. He is also passionate about passing on his knowledge to the next generation and teaches law at the College of Brockport. Recently, he was selected to Top 10 Criminal Defense Attorneys for Rochester in 2024 by TrustAnalytica. Being arrested and charged with a crime can leave you feeling hopeless and frustrated. You have rights to protect, but you don’t have to face this situation by yourself. Attorney James Egan provides dependable legal advice and representation to clients facing a wide variety of misdemeanor and felony charges in Rochester and surrounding areas.
Location: Rochester, New York
Contact: (585) 510-5101 | https://www.jameseganlaw.com/
Consultation: Available for consultation
4. The Law Office of James L. Riotto
Focus Area: Criminal defense with former state trooper and prosecutor experience
Practice Areas: DWI/DUI, drug crimes, juvenile defense, violent crimes, sex crimes, traffic violations
Background: The Law Office of James L. Riotto delivers aggressive, high-quality defense representation at an affordable price. The firm’s principal, James Riotto, draws on his broad experience as a federal and state corrections officer, New York State Trooper, prosecuting attorney and criminal defense lawyer to protect your rights and work towards a favorable resolution of the charges against you. Any brush with the law can be unnerving, but when you’re facing prison, jail, fines, and/or the loss of your driver’s license, you need a knowledgeable defense lawyer who is willing to challenge every element of the authorities’ case against you. New York’s criminal justice system is complex and can seem overwhelming, but The Law Office of James L. Riotto gives you a capable advocate who stands at your side through every step of the process. After seven years as a New York State Trooper and 10 years in law enforcement, he worked in prosecution before focusing his career on criminal defense. Mr. Riotto’s unique background helps him accurately anticipate the opposition’s approach and develop effective defense strategies for his clients.
Location: Rochester, New York (also Albany office)
Contact: (866) 772-2122 or (585) 546-4001 | https://www.riottolaw.com/
Consultation: Available for consultation
5. Law Office of Maurice J. Verrillo, P.C.
Focus Area: Criminal defense since 1987 with comprehensive criminal and appellate experience
Practice Areas: DWI, traffic offenses, domestic violence, sex crimes, violent crimes, state crimes, federal crimes, criminal appeals
Background: Since 1987, accused individuals in the Rochester area have trusted the firm for representation in a wide range of cases. Traffic offenses and DWI cases are handled with expertise. If you’ve received a ticket for a moving violation, the fines and penalty points are just the beginning. You could face a license suspension, and your insurance premiums could skyrocket. As for a DWI, you could immediately lose your license and also face jail time and steep fines. To protect your license, your freedom, and your wallet, it’s important to fight traffic offenses, but only with an experienced attorney at your side. Most criminal charges fall under state law. In New York, state crimes are categorized as misdemeanors, ranging from unclassified (DWI) to Class B (prostitution) to Class A (petit larceny). The most serious crimes are felonies, which include murder, armed robbery, other types of robbery, fraud and aggravated harassment. When trials were mishandled, evidence was illegally obtained, your civil rights were violated or the judge and jury made a mistake, you may have grounds for a criminal appeal.
Location: Rochester, New York
Contact: (585) 563-1134 | https://www.verrillolaw.com/
Consultation: Free 30-minute initial consultation available
Criminal Defense Laws in New York
Felony Classifications
New York classifies felonies into five classes:
Class A Felony: Includes first-degree murder, first-degree kidnapping, and major drug trafficking. Class A-I felonies carry 15-40 years to life imprisonment. Class A-II felonies carry 3-8 years to life imprisonment.
Class B Felony: Includes first-degree manslaughter, first-degree robbery, and second-degree rape. Penalty ranges from 1-25 years imprisonment depending on whether violent.
Class C Felony: Includes second-degree assault, second-degree burglary, and third-degree robbery. Penalty ranges from 1-15 years imprisonment.
Class D Felony: Includes third-degree assault, fourth-degree grand larceny, and criminal possession of a weapon. Penalty ranges from 1-7 years imprisonment.
Class E Felony: Includes fourth-degree grand larceny (under certain circumstances), criminally negligent homicide, and persistent sexual abuse. Penalty ranges from 1-4 years imprisonment.
Misdemeanor Classifications
Class A Misdemeanor: Includes petit larceny, third-degree assault, and DWI. Maximum 1 year in jail.
Class B Misdemeanor: Includes harassment in the first degree and prostitution. Maximum 3 months in jail.
Unclassified Misdemeanor: Includes DWAI (alcohol). Penalties set by specific statute.
Sealing and Expungement
New York allows sealing of certain criminal records under CPL 160.59:
Eligible Records: Up to 2 eligible convictions (no more than 1 felony), after 10 years from sentence or release.
Not Eligible: Sex offenses requiring registration, Class A felonies, violent felony offenses, and certain other offenses.
Effect: Record is sealed from public view but accessible to law enforcement and certain employers.
Automatic Sealing: Certain marijuana convictions are automatically sealed or expunged under the Marihuana Regulation and Taxation Act (MRTA).
DWI Laws
New York DWI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). DWAI (Driving While Ability Impaired) applies to BAC of .05-.07%. First DWI offense carries up to 1 year jail, $500-$1,000 fine, and 6-month license revocation. Second DWI offense within 10 years is a Class E felony with up to 4 years prison, $1,000-$5,000 fine, and 1-year license revocation. Third DWI offense within 10 years is a Class D felony with up to 7 years prison, $2,000-$10,000 fine, and 1-year license revocation.
Frequently Asked Questions
What courts handle criminal cases in Rochester?
Criminal cases in Rochester are handled by multiple courts depending on the offense. Rochester City Court handles misdemeanors and violations within city limits. Monroe County Court handles felony cases. The Seventh Judicial District serves Monroe and surrounding counties. Rochester Town and Village Courts handle local ordinance violations and some misdemeanors. Federal criminal cases are handled by the U.S. District Court for the Western District of New York, located in Rochester. Having a Rochester criminal defense attorney familiar with local judges and prosecutors in Monroe County provides an advantage in navigating your case.
What are the penalties for drug possession in New York?
New York reformed drug laws significantly with the Drug Law Reform Act and subsequent legislation. Possession of a controlled substance in the seventh degree (small amount) is a Class A misdemeanor with up to 1 year jail. Possession of a controlled substance in the fifth degree is a Class D felony with up to 2.5 years prison. Higher degree possession charges carry increasingly severe penalties. Marijuana was legalized for adult recreational use in 2021 under the Marihuana Regulation and Taxation Act. Possession of up to 3 oz is legal for adults 21+. A Rochester criminal defense attorney can evaluate defenses and negotiate for drug treatment court or diversion programs.
What is New York’s Bail Reform and how does it affect my case?
New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies. For qualifying offenses, defendants must be released on their own recognizance or with non-monetary conditions. Bail remains available for violent felonies, sex offenses, witness tampering, and certain other offenses. The reform has been amended several times, and judges now have more discretion in certain cases. If arrested for a qualifying offense in Monroe County, you should be released without posting bail. A Rochester criminal defense attorney can advocate for release and challenge any conditions imposed.
What happens if I am charged with DWI in Monroe County?
A DWI charge in Monroe County carries serious consequences. First offense is a misdemeanor with up to 1 year jail, $500-$1,000 fine, 6-month license revocation, and mandatory installation of ignition interlock device. Leandra’s Law requires ignition interlock for all DWI convictions. Second offense within 10 years is a Class E felony with up to 4 years prison, $1,000-$5,000 fine, and 1-year license revocation. Refusing a chemical test results in immediate license revocation and civil penalty. New York has an implied consent law. A Rochester criminal defense attorney can challenge the traffic stop, field sobriety tests, and chemical test results.
Can I get my New York criminal record sealed?
New York allows sealing of certain criminal records under CPL 160.59. Eligible individuals may seal up to 2 convictions (no more than 1 felony) after 10 years from sentence or release. Not eligible for sealing are sex offenses requiring registration, Class A felonies, violent felony offenses, and certain other offenses. The effect of sealing is that the record is hidden from most background checks but remains accessible to law enforcement. Certain marijuana convictions are automatically sealed or expunged under the Marihuana Regulation and Taxation Act (MRTA). A Rochester criminal defense attorney can evaluate eligibility and file the appropriate petition.