Felonies

Felony Attorney in Queens

Charged With a Felony in Queens? Here’s What You Need to Know

Are you facing a felony charge in Queens? If you feel anxious about an arrest, uncertain about upcoming court dates, or worried about how a felony could impact your future, you are not alone. The consequences of a felony case—whether it involves drugs, assault, or theft—are serious and can affect every part of your life.

My name is Sean A. McNichols, and for more than 25 years, I have represented people throughout Queens County as their felony attorney. As someone who has worked as both a defense lawyer and as a prosecutor right here in Queens, I understand the process, the stakes, and how stressful this time may be for you. My focus is to provide you with experienced, personal defense so you can move forward with information and support.

Secure a high-level defense from a felony attorney in Queens who understands every angle of the law. At Sean A. McNicholas, P.C., you benefit from 25 years of practice and a personalized approach to your case. Call (475) 471-1971 or fill out our online form for a free consultation.

Common Felony Charges I Handle in Queens

Queens County deals with a wide range of felony offenses. Over the years, I have personally defended clients accused of many types of felonies.

The felony charges I commonly handle in Queens include:

  • Assault, including charges labeled as first or second degree
  • Felony drug charges, such as possession with intent to sell or trafficking
  • Theft and robbery, from grand larceny to armed robbery
  • Burglary and offenses involving entry into premises
  • Weapons offenses, including possession of illegal firearms
  • White-collar crimes like forgery or fraud

I assess each case based on the specific facts and evidence, while drawing on my experience with patterns I have seen in Queens felony prosecutions. My goal is to ensure your case gets individualized attention, not just treatment as another file in a stack.

Understanding Felony Laws in New York

In New York, a felony is defined as any crime for which the potential sentence exceeds one year in prison. These offenses are categorized into five distinct classes, ranging from Class A (most serious) to Class E (least serious). Understanding where your charge falls is the first step in building a strategic defense.

  • Class A Felonies: These are the most severe crimes, such as first-degree murder, operating as a major drug trafficker, or high-level arson. They carry the potential for life imprisonment.
  • Class B Felonies: Serious violent and non-violent crimes, including first-degree robbery, first-degree burglary, and certain major drug sales. Sentences can range up to 25 years.
  • Class C Felonies: Offenses such as second-degree robbery, second-degree burglary, and significant grand larceny. These can result in up to 15 years in prison.
  • Class D Felonies: Crimes like second-degree assault, third-degree robbery, and certain weapon possession charges. These carry a maximum of 7 years.
  • Class E Felonies: The least severe felonies, including fourth-degree grand larceny or third-degree criminal mischief. While "lower level," they still carry up to 4 years in prison and a permanent criminal record.

It is also vital to distinguish between violent and non-violent felonies. New York law imposes much stricter sentencing guidelines and mandatory minimums for violent felony offenses, often requiring state prison time even for first-time offenders. 

As your Queens felony lawyer, I meticulously analyze the specific statutes cited in your complaint to ensure the prosecution isn't "overcharging" you to gain leverage in negotiations.

Penalties and Collateral Consequences of Felony Convictions

A felony conviction in New York is a "permanent" mark that carries weight far beyond a prison cell. While the direct penalties include heavy fines, long-term probation, and years in a state correctional facility, the collateral consequences are often what devastate my clients the most:

  • Employment Barriers: A felony record often results in the immediate loss of professional licenses (such as nursing, teaching, or security) and makes it incredibly difficult to pass background checks for new jobs.
  • Loss of Civil Rights: Convicted felons lose the right to possess firearms. While New York has made strides in restoring voting rights for those on parole, your right to serve on a jury is typically lost.
  • Housing Instability: Many landlords and public housing authorities specifically bar individuals with felony convictions, which can lead to long-term housing insecurity.
  • Immigration Status: For non-citizens, a felony conviction—especially those deemed "aggravated felonies" or "crimes involving moral turpitude"—can trigger mandatory deportation proceedings and permanent inadmissibility to the United States.

The Queens Criminal Defense Process for Felony Charges

The journey through the Queens court system is complex and highly structured. Having a felony attorney in Queens who knows the local judges and courthouse procedures is an invaluable asset.

  • Arrest and Booking: After your arrest, you will be processed at a local precinct before being transported to Central Booking in Kew Gardens.
  • Arraignment: This is your first appearance before a judge. I fight for your release on your own recognizance or argue for a reasonable bail amount. In New York, recent bail reform laws have changed which felonies are "bail eligible," and I stay at the forefront of these legislative shifts.
  • The Grand Jury: In New York, the prosecution cannot take a felony case to trial without an indictment from a Grand Jury (unless you waive this right). This is a critical stage where I can sometimes present a defense that prevents an indictment from ever happening.
  • Discovery: My firm utilizes New York’s "blindfold law" reforms to ensure we receive all evidence—including police bodycam footage and witness statements—early in the process.
  • Pre-Trial Hearings: We file motions to suppress evidence. If the police violated your rights during a search or failed to read you your Miranda rights, I fight to have that evidence thrown out.
  • Trial or Disposition: If we cannot reach a favorable plea agreement or a dismissal, I am fully prepared to take your case to a jury. My 25 years of practice have been spent in these very courtrooms, defending the rights of the accused.

Why Choose My Practice for Felony Defense in Queens

When you hire my office, you work directly with me from start to finish. Unlike larger firms where clients may be passed to junior lawyers or staff, I personally manage every case. You always know who is fighting for you and what is happening at each step. 

My entire practice focuses on criminal defense in Queens, so I am familiar with the local court system and have developed strong working relationships within it.

As a former Queens prosecutor, I have reviewed hundreds of felony cases from the prosecution’s point of view. This experience gives me insight into the strategies used by the District Attorney’s office, allowing me to anticipate challenges and find opportunities that benefit my clients. 

I use this background to build stronger defenses and to better negotiate with prosecutors when there is an opportunity to do so.

Because I dedicate my practice to representing individuals accused of crimes in Queens, I understand what is unique about the local process, the judges, and the way cases move through the courts. I invite you to schedule a free consultation so we can talk about your situation and how I can support you. There is no cost or obligation to have this initial conversation.

What To Do After a Felony Arrest in Queens

It is crucial to act quickly following a felony arrest. The choices you make early on matter, so do not speak to law enforcement or anyone else about the details until you talk to a lawyer. Your first court appearance in Queens County Criminal Court can set the stage for your entire case. Preparation for this appearance can improve your position from the outset.

After an arrest, I recommend you take these action steps:

  • Use your right to remain silent until you can consult your attorney
  • Contact my office as soon as possible to schedule your free consultation
  • Gather and keep documents such as police paperwork, bail information, and any notes from the arrest
  • Let me know about any witnesses, searches, or statements made by police
  • Do not participate in interviews or other discussions about your charges without legal advice

I will help you navigate the local arraignment process, prepare you for each court date, and answer any questions as they arise. Fast action allows us to protect more legal options and better position your case in the court system.

Talk to a Felony Attorney in Queens Today

If you are facing felony charges in Queens, getting qualified legal help right away is the best way to protect your rights. When you reach out to my office, you will speak with me directly and start getting answers tailored to your situation. Every conversation is confidential, free, and focused on understanding how I can help.

There is no obligation and no upfront cost. Take this step now to secure clear defense and peace of mind in Queens County.

Call Sean A. McNicholas, P.C. today at (475) 471-1971 for your free, confidential felony consultation.

Frequently Asked Questions

Will you personally handle my felony case, or will I work with staff?

You will work directly with me on your felony case. I manage every aspect personally, from consultation through every court date. I do not pass your file to staff members or junior attorneys. My clients receive my full attention and experience throughout their case.

What can I expect at my first court appearance in Queens?

Your first court appearance, also called the arraignment, usually occurs at Queens County Criminal Court. The judge reads the charges, discusses bail, and reviews your rights. I prepare you beforehand and attend the hearing with you. My goal is to make sure you understand what will happen, your rights during the proceeding, and what our next steps may be.

Can you help with all types of felony charges in Queens?

Yes, I handle a wide variety of felony charges in Queens, including violent offenses, drug cases, theft, robbery, and more. If your charge is unusual or highly complex, I encourage you to reach out so we can discuss your case in detail. My approach is always to develop a defense based on the specifics of your situation, not a generic formula.

How soon should I contact a felony attorney after an arrest?

You should contact a felony attorney as soon as possible after an arrest or if you expect charges to be filed. Early involvement allows me to help preserve evidence, protect your rights, and position your case strongly at the arraignment. I offer free, confidential consultations and prioritize urgent situations for same-day response.

How do your fees work for felony cases?

My office provides a free initial consultation to review your case and discuss costs. Before you decide to move forward, I will explain my fee structure so you understand what is involved. All arrangements are clear, direct, and put in writing. I am happy to address any questions about fees or payments during our first meeting.

What makes you different from other felony lawyers in Queens?

When you hire me as your felony lawyer in Queens, you receive personal representation from a lawyer who has served as both a prosecutor and a defense attorney here. My practice is solely dedicated to criminal defense in Queens, and I personally manage every case. This approach means you get tailored strategies, local insight, and direct communication every step of the way.

SCHEDULE A FREE CONSULTATION

Client Testimonials

Curious about Our Client Experience? Read Testimonials from Those I've Helped.
    "I highly recommend Sean."
    The system is the system, they don’t really care, but Sean made me very comfortable and helped me with the case. This man knows all the ropes and is completely straight with you which helped me understand.
    - Vladimir
    "Thank you Sean for helping me to prove my innocence."
    When Sean got my case it was already on for trial, within a short time (one month) he was prepared to handle the task with confidence while still being straight up, and truthful with me every step of the way.
    - James
    "Sean McNicholas is a top tier attorney and true class act."
    When things seemed hopeless, he was able to create hope and reassurance. He was extremely patient and made himself available day and night.
    - Ray
    "He treated us like family and gave us enough time to make us understand the situation."
    My wife and I still remember the time when we first spoke with Sean with fear and tears in our eyes and this gentleman guided us in every possible way and got us out of the biggest trouble of ours.
    - Kanwar S.

Why Choose the Law Office of Sean A. McNicholas, P.C.?

Dedicated and Experienced Legal Representation
  • Personalized Service
    At the Law Office of Sean A. McNicholas, P.C., I offer a unique and personalized approach, where you work with me through your entire case. You'll receive a direct line of communication, and I will be fully committed to addressing your concerns and keeping you informed.
  • Former Prosecutor on Your Team
    Before opening his own firm, I worked as a Queens County prosecutor. This unique background enables me to predict the actions that the opposing side may take, and use that knowledge to build the strongest cases possible for my clients.
  • Free Initial Consultation
    Legal matters demand swift action and expert guidance, and the Law Office of Sean A. McNicholas, P.C. is here to provide just that. Reach out today to schedule a complimentary consultation to address your specific legal needs.
  • 25+ Years Experience
    With 25 years of practice, I have encountered a diverse range of legal challenges. This depth of knowledge allows me to anticipate issues and devise effective strategies for your individual case.