1. Proto, Sachs & Brown, LLP
Focus Area: Criminal defense with proven experience and immediate representation
Practice Areas: DUI/DWI, drug crimes, assault, theft, domestic violence, sex crimes, white collar crimes, felonies, misdemeanors
Background: If you have been arrested or accused of any criminal offense, or if you are currently being investigated for a crime, your freedom, your reputation and your future may be in jeopardy. Yonkers criminal defense attorneys Andrew Proto and David Sachs are available to meet with you in person to go over the specifics and facts of your case, discuss your options and explain how your charges may be challenged to avoid a criminal conviction. The lawyers at the firm have years of experience and proven resources to skillfully handle all types of criminal cases. Having a Yonkers criminal defense lawyer by your side in and outside of court as soon as possible is critically important. Even if you have not yet been arrested or formally charged, but are the subject of a criminal investigation, the highly experienced Yonkers criminal defense lawyers of Proto, Sachs & Brown, LLP will work to protect your rights and make sure that your interests are not compromised. The firm can protect your rights at the Yonkers City Court.
Location: Yonkers, New York (Westchester County)
Contact: (914) 840-5104 | https://www.psbnylaw.com/
Consultation: Free consultation available
2. Riebling & Payton, PLLC
Focus Area: Criminal defense with 50 years combined experience and former NYC prosecutor
Practice Areas: DUI/DWI, drug crimes, assault, theft, domestic violence, sex crimes, violent crimes, felonies
Background: Riebling & Payton, PLLC are Yonkers Attorneys who have nearly 50 years of combined experience working in the area of criminal law. Their insight and proven success are what you or your family member needs when facing criminal charges. Defense attorney Stephen Riebling has been defending people in Yonkers and Westchester County since 1997. He is a trial attorney in Westchester County winning unanimous acquittals and verdicts on behalf of scores of clients. He is well known for his defense strategies, attention to detail and dedication to his clients. Marcia Payton is a former NYC prosecutor where she handled only the most complex and serious felony cases in the prestigious Office of Special Narcotics. They have successfully reduced many violent felonies to misdemeanors, or had them dismissed entirely. They have handled thousands of cases for their clients and have helped them avoid serious penalties and sentences.
Location: 445 Hamilton Avenue, White Plains, NY 10601 (serves Yonkers and Westchester County)
Contact: Available through website | https://www.westchesterdefenseattorney.com/
Consultation: Available for consultation
3. Tilem & Associates, PC
Focus Area: Criminal defense with comprehensive legal services and DWI/DUI specialization
Practice Areas: DWI/DUI, drug crimes, assault, theft, domestic violence, traffic violations, appeals, immigration consequences
Background: Tilem & Associates, PC provides personalized solutions and aggressive representation for clients facing criminal charges in Yonkers and throughout Westchester County. The firm handles DWI and DUI defense, protecting rights in New York criminal cases. The attorneys have earned recognition for going above and beyond the call of duty to attempt to help clients. The firm handles criminal defense, traffic violations, appeals, and related matters. The team understands that facing criminal charges is one of the most stressful experiences a person can have, and they work diligently to protect clients’ rights and achieve favorable outcomes. The attorneys are grateful for the trust clients place in them and work hard to deserve that trust through dedicated legal representation.
Location: Yonkers, New York (Westchester County)
Contact: (877) 377-8666 | https://www.tilemlawfirm.com/
Consultation: Free consultation available
4. Joseph P. Villanueva, Attorneys At Law
Focus Area: Criminal defense with 20+ years experience and former NYC Prosecutor background
Practice Areas: DWI/DUI, drug crimes, assault, theft, domestic violence, suspended license, traffic violations
Background: The law firm represents clients in Westchester, Rockland, Putnam and Dutchess Counties, as well as the five boroughs of New York, who have been charged with a crime, driving while intoxicated or a traffic violation. The firm investigates the case, negotiates with prosecutors, conducts hearings and represents clients at trial. Whether the charge is from the District Attorney, Attorney General, United States Attorneys Office or other prosecutorial body, you should retain immediate legal representation. “The government has an infinite number of resources to prosecute your case. You need to have a law firm to help you fight back.” The firm has more than 20 years of experience and includes a former New York City Prosecutor on the team. The attorneys serve clients throughout Westchester County including Yonkers, Mount Vernon, New Rochelle, White Plains, Scarsdale, and surrounding communities.
Location: Westchester County, New York (serves Yonkers and surrounding areas)
Contact: (800) 893-9645 | https://www.villanuevalaw.com/
Consultation: Free consultation available
5. Saland Law
Focus Area: Criminal defense with former Manhattan DA prosecutors and multi-jurisdictional experience
Practice Areas: White collar crimes, violent crimes, drug crimes, DWI/DUI, domestic violence, computer crimes, fraud
Background: Successfully resolving Westchester County criminal cases by way of dismissals, non-criminal violations, reductions of felonies to misdemeanors and acquittals after trial, Saland Law knows that defending a client in White Plains felony court or a local court in Rye or Ossining demands diligence, knowledge, perseverance, advocacy and communication. Failing to do so will compromise your ability to identify the defense. Because of their experience on “both sides of the track,” Saland Law’s criminal lawyers will not only identify this defense but also set the strongest strategy into motion. Throughout the tenure as criminal defense attorneys and previous careers as prosecutors in the unparalleled Manhattan District Attorney’s Office, the attorneys have spearheaded multi-jurisdictional and international fraud, white-collar, violent, property, narcotics and drug, domestic violence, DWI, and related investigations.
Location: New York City (serves Yonkers and Westchester County)
Contact: (212) 312-7129 | https://www.new-york-lawyers.org/
Consultation: Free consultation available
Criminal Defense Laws in New York
Felony Classifications
New York classifies felonies into five classes:
Class A Felony: Includes first-degree murder and first-degree kidnapping. Class A-I: minimum 15-25 years to life; Class A-II: minimum 3-8 years to life.
Class B Felony: Includes first-degree robbery and first-degree burglary. Penalty ranges from 1-25 years.
Class C Felony: Includes second-degree robbery and second-degree burglary. Penalty ranges from 1-15 years.
Class D Felony: Includes third-degree robbery and criminal possession of a weapon. Penalty ranges from 1-7 years.
Class E Felony: Includes fourth-degree grand larceny and criminal mischief. Penalty ranges from 1-4 years.
Misdemeanor Classifications
Class A Misdemeanor: Includes third-degree assault and petit larceny. Maximum 1 year jail.
Class B Misdemeanor: Includes harassment and loitering. Maximum 3 months jail.
Unclassified Misdemeanor: Various offenses with penalties specified by statute.
Violations: Non-criminal offenses with maximum 15 days jail.
Sealing and Expungement
New York allows sealing of certain criminal records:
CPL 160.59 Sealing: Available for up to 2 convictions (only 1 can be a felony) after 10-year waiting period. Many violent and sex offenses are excluded.
Marijuana Conviction Sealing: Automatic for certain marijuana convictions under the Marijuana Regulation and Taxation Act.
Effect: Sealed records are not available to most employers and landlords but remain accessible to law enforcement.
DWI Laws
New York DWI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense DWI is a misdemeanor with up to 1 year jail, $500-$1,000 fine, and 6-month license revocation. Aggravated DWI (.18%+ BAC) carries enhanced penalties. DWAI (Driving While Ability Impaired by Alcohol, .05-.07% BAC) is a traffic infraction for first offense. Second DWI within 10 years is a Class E felony with up to 4 years prison.
Frequently Asked Questions
What courts handle criminal cases in Yonkers?
Criminal cases in Yonkers are handled by multiple courts depending on the offense. Yonkers City Court handles misdemeanors and violations within the city. The court is located at 100 South Broadway, Yonkers, NY 10701. Phone: (914) 831-6450. The court is open Monday to Friday 9:00am to 5:00pm. Felony cases are transferred to Westchester County Court in White Plains for trial. Federal criminal cases are handled by the U.S. District Court for the Southern District of New York. Having a Yonkers criminal defense attorney familiar with local judges and prosecutors provides an advantage in navigating your case.
What are the penalties for drug possession in New York?
New York reformed its drug laws significantly in recent years. Possession of small amounts of marijuana (up to 3 oz) was decriminalized and legalized for adults 21+ in 2021. Possession of controlled substances is classified by weight and type. Criminal possession of a controlled substance in the seventh degree (small amount) is a Class A misdemeanor with up to 1 year jail. Criminal possession of a controlled substance in the fifth degree is a Class D felony with 1-2.5 years prison. Higher degrees carry enhanced penalties. New York emphasizes treatment alternatives for drug offenses. A Yonkers criminal defense attorney can evaluate defenses and negotiate for treatment alternatives.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An Adjournment in Contemplation of Dismissal (ACD) is a common disposition in New York where the case is adjourned (postponed) for a period of time (usually 6 months to 1 year). If you stay out of trouble during that period, the case is automatically dismissed and sealed. ACDs are commonly used for first-time offenders charged with minor crimes. The court may impose conditions such as community service or staying away from certain locations. If you are arrested during the ACD period, the original case can be restored to the calendar. A Yonkers criminal defense attorney can negotiate for an ACD disposition.
What is the difference between sealing and expungement in New York?
New York does not have traditional expungement. Instead, New York allows “sealing” of certain criminal records under CPL 160.59. When a record is sealed, it is removed from public access but still exists and can be accessed by law enforcement and certain agencies. Sealing is available for up to 2 convictions (only 1 can be a felony) after a 10-year waiting period. Many violent and sex offenses are excluded from sealing. Marijuana convictions are now automatically sealed under the Marijuana Regulation and Taxation Act. A Yonkers criminal defense attorney can evaluate eligibility and file the appropriate application.
What happens if I am charged with a crime while on probation in Westchester County?
If you are charged with a new crime while on probation in Westchester County, you face serious consequences. A violation of probation (VOP) proceeding may be initiated. You may be held without bail pending the VOP hearing. The standard of proof at a VOP hearing is lower than at trial (preponderance of the evidence rather than beyond a reasonable doubt). If the judge finds a violation, you may be resentenced to jail or prison time that was suspended when you were placed on probation. You will also have to defend against the new criminal charges. A Yonkers criminal defense attorney can represent you in both the VOP proceeding and the new criminal case.