Rochester Criminal Defense Lawyer

Experienced Representation Against Criminal Charges in Monroe County

A criminal arrest can upend your life fast. A conviction can mean jail or prison time, fines of thousands or tens of thousands of dollars, and a record that follows you into background checks for jobs, housing, and college applications. The decisions you make in the hours and days after an arrest shape every option available to you later, which is why retaining a criminal defense attorney as early as possible matters.

At DeCarolis Defense, our commitment is straightforward: put our clients first and solve their problems from the moment we’re retained. While the prosecution builds its case, we investigate the arrest, determine whether your rights were violated, file the necessary motions, and negotiate with prosecutors, all with the goal of pursuing the most favorable outcome possible. We handle cases from start to finish, in and out of the courtroom.


Arrested in New York? Call DeCarolis Defense at (585) 639-3111 or contact us online to schedule a consultation with our Rochester criminal defense attorneys.


What Happens After a Criminal Arrest in Rochester

The criminal process moves quickly. After a Rochester arrest, you’re booked and brought to arraignment, your first court appearance, where charges are formally read and a judge decides on release, bail, or detention. Violations and misdemeanor cases are typically heard in Rochester City Court; felony charges may proceed to Monroe County Supreme Court or County Court. Federal offenses fall under the jurisdiction of the United States Attorney for the Western District of New York. This is a separate process with different prosecutors and significantly higher stakes.

When to Contact a Criminal Defense Attorney

Retaining a criminal attorney before speaking to police or investigators protects your constitutional right to remain silent and helps avoid statements that could harm your defense. The earlier you contact a defense lawyer, the more options remain open, including the possibility of intervention before formal charges are filed. A defense attorney can be present at arraignment, advise on bail, review evidence, challenge unlawful searches or seizures under the Fourth Amendment, and negotiate directly with Monroe County prosecutors.

Former Prosecutors. Inside Knowledge. Real Strategic Advantage.

Both of our attorneys are former Monroe County assistant district attorneys. We know how Monroe County prosecutors build their cases because we built them ourselves. That background gives our clients a concrete advantage from day one. Combined with more than three decades of experience across hundreds of trials and thousands of criminal cases, we bring courtroom depth that matters when the stakes are high. We defend clients in both state and federal courts, with access to expert witnesses and private investigators as part of our defense preparation. Pricing is upfront, with no surprises. We’re also recognized as Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys.

Criminal Cases We Handle

From first-time misdemeanors to serious felonies and federal charges, we have the courtroom experience and local knowledge to guide you through every stage of the criminal process in Rochester and across Monroe County.

Our Rochester criminal defense attorneys handle the following types of cases:

  • DUI/DWI Offenses – Driving under the influence of alcohol or controlled substances (e.g., illegal drugs and prescribed medication) is punishable by jail or prison time, fines, driver’s license suspension, mandatory DUI school, and other penalties.
  • Domestic Violence – Consisting of abusive behavior toward family members and intimate partners, domestic violence can take the form of physical, psychological, economic, and sexual abuse. These offenses carry harsh criminal penalties, and those accused can be subject to restraining orders.
  • Drug Crimes – In New York, drug crimes include using, possessing, buying, selling, manufacturing, transporting, or trafficking an illegal drug or controlled substance, like cocaine, heroin, methamphetamine, LSD, ecstasy, and even prescription drugs.
  • Federal Charges – If a criminal offense crosses state lines or international borders, involves federal land or property, involves immigration and customs violations, or involves fraud against the federal government or one of its agencies, it is considered a federal offense. It is more serious than a state charge and requires immediate, experienced representation to counter the resources of the federal government.
  • Felony Charges – Felonies are the most serious crimes in New York. A conviction carries a potential prison sentence of more than one year.
  • Gun Charges – Unless a person holds the required licenses and permits, it is unlawful to possess, carry, or transport a handgun or any other firearm in or through New York State.
  • Juvenile Crimes – The juvenile justice system is designed to rehabilitate rather than punish. Common juvenile offenses include shoplifting, vandalism, underage drinking, drug possession, simple assault, and traffic violations.
  • Military Crimes – We defend U.S. service members of all branches facing military adverse actions, including court-martial, military discipline, discharge boards, elimination boards, separation boards, and military investigations.
  • Misdemeanor Crimes – A misdemeanor conviction can still result in a lengthy jail term, loss of employment, and costly fines. These are consequences worth fighting.
  • Sex Crimes – These offenses generally involve illegal or coerced sexual conduct. We defend clients facing child pornography, prostitution and solicitation, sexual assault, sexual abuse, and rape charges.
  • Theft – Anyone who wrongfully takes, obtains, or withholds money or property from its rightful owner with intent to deprive commits theft in New York. Common theft crimes include petit larceny, grand larceny, shoplifting, grand theft auto, and burglary.
  • Title IX – These charges involve violations of Title IX affecting federally funded educational programs and activities, including sexual assault, battery, and other unwanted sexual contact on college campuses.
  • Traffic Violations – A traffic violation like speeding or driving with a suspended license can carry harsh fines and, in some cases, lead to criminal charges.
  • Violent Crimes – Some of the most serious offenses in New York, including murder, manslaughter, vehicular manslaughter, robbery, and other violent charges.
  • White Collar Crimes – Offenses involving deceit, concealment, or violations of trust, such as fraud and embezzlement, are typically committed to obtain money, assets, or services, or to secure a business or personal advantage.

Whatever charges you’re facing, you don’t have to face them alone. Our firm is ready to fight for you at every stage.


Contact DeCarolis Defense today to meet with our Rochester criminal defense lawyer.


Client Centered Representation WE'RE AT OUR BEST WHEN YOU NEED IT MOST
  • Dedication We conduct our own investigations to build the strongest possible case and we outwork our competition every time.
  • Upfront Pricing There are no surprises on what it will cost.
  • Clarity We answer all your questions and explain the strategy behind each step in your case.

New York Criminal Law: Understanding the Charges Against You

New York recognizes three main categories of criminal offenses: violations, misdemeanors, and felonies. The category your charges fall into determines which court hears the case, what bail conditions may apply, and the long-term impact on your record. Even a misdemeanor conviction in Rochester City Court can follow you for years, so understanding the difference matters before you decide how to respond.

A violation is not considered a crime. Rather than an arrest, a person facing a violation typically receives an appearance ticket. A conviction, however, carries a maximum jail sentence of 15 days.

A misdemeanor is punishable by more than 15 days and up to 364 days in jail. New York caps the maximum at 364 days rather than one year specifically to protect non-citizen defendants from automatic deportation triggers under federal immigration law.

What Are the Three Classes of Misdemeanors in New York?

The following are the three classes of misdemeanors in New York:

  • Class A misdemeanors – punishable by a jail term of up to 364 days and/or a maximum fine of $1,000
  • Class B misdemeanors – carry a maximum jail sentence of three months and/or a fine of up to $500
  • Unclassified misdemeanors – penalties depend on the specific law or ordinance

A felony is the most serious offense category in New York. A conviction means state prison, not local or county jail, with a sentence that generally exceeds one year. Felony cases in Rochester are prosecuted by the Monroe County District Attorney’s office and are typically heard in Monroe County Supreme Court or County Court.

Felony Classes in New York

The felony classes in New York include:

  • Class A-I felonies – punishable by a prison sentence between 15 years and life imprisonment
  • Class A-II felonies – carry a prison term ranging from three years to life imprisonment
  • Class B felonies – punishable by a maximum prison term of 25 years
  • Class C felonies – carry a prison sentence of up to 15 years
  • Class D felonies – punishable by a maximum prison term of seven years
  • Class E felonies – carry a prison sentence of up to four years

Contact DeCarolis Defense today to schedule a free consultation with our criminal defense lawyer in Rochester.


  • The National Trial Lawyers Top 100 – Criminal Defense
  • Super Lawyers in 2021
  • ABC News
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  • Toronto Star
  • Crime Watch
  • RBJ Reader Rankings

    Schedule a Free Consultation Today

    Retaining a defense attorney isn’t an admission of guilt. It’s the exercise of a constitutional right. The criminal justice system moves quickly, and waiting to retain representation limits the options available to you. Whatever charges you’re facing, our legal team is prepared to defend you inside and outside the courtroom.

    We’re attentive and responsive to our clients’ needs, and our pricing is upfront, with no surprises or hidden costs.

    Call us today at (585) 639-3111 to discuss your case with our Rochester criminal defense lawyers.

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