Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Most people arrested in Syracuse go home after arraignment, usually within a day. The harder part comes next: a case that can run for months through Syracuse City Court or Onondaga County Court, with a prosecutor deciding what to charge and a judge deciding what conditions you live under until it ends.
Passalacqua & Associates, LLC defends people charged with misdemeanors and felonies in Syracuse and throughout Onondaga County. A criminal defense lawyer in Syracuse, NY can step in at arraignment, push for release, and start testing the evidence before the District Attorney’s office has settled on its theory of the case. Call +1 (315) 500-6425, day or night, to talk about your arrest.
What Charges Do We Defend in Onondaga County?
We handle the charges most often filed in Syracuse courts, from first-time misdemeanors to serious felonies. Each charge type has its own evidence problems and its own pressure points, so each one has its own page.
Start with the charge that matches your case:
- Driving while intoxicated. Breath tests, refusals, and license suspensions at arraignment. Read more about Syracuse DWI defense.
- Gun and weapons cases. Possession charges under New York’s weapons laws carry some of the harshest exposure in the Penal Law.
- Drug cases. Everything from possession to intent to sell, where search and seizure issues can decide the outcome.
- Domestic incidents. Arrests here trigger an order of protection that can keep you out of your home.
- Assault. Charges range from a misdemeanor to a violent felony depending on the injury alleged.
- Theft, sex offenses, federal cases, and homicide.
Charges against teenagers follow a different track, through the Youth Part or Family Court.
Will I Go to Jail for This Charge?
For most first-time misdemeanors, jail is not the likely outcome, and many end in a reduced charge, a dismissal, or a conditional discharge. Felonies are different. A conviction for a class E felony can carry up to four years in state prison, and the numbers climb quickly from there.
Your real exposure depends on the charge level, your record, and what the evidence can actually prove. This table shows the maximum sentences the Penal Law allows. Actual sentences are lower in most cases, and many cases never reach sentencing on the original charge.
| Charge level | Examples | Maximum sentence |
|---|---|---|
| Violation | Harassment 2nd degree, disorderly conduct | Up to 15 days |
| Class B misdemeanor | Harassment 1st degree, criminal trespass 3rd degree | Up to 3 months |
| Class A misdemeanor | Petit larceny, assault 3rd degree, DWI (first offense) | Up to 364 days |
| Class E felony | Aggravated DWI with a prior, grand larceny 4th degree | Up to 4 years |
| Class D felony | Assault 2nd degree, criminal possession of a weapon 3rd degree | Up to 7 years |
| Class C felony | Criminal possession of a weapon 2nd degree | Up to 15 years |
| Class B felony | Assault 1st degree, robbery 1st degree | Up to 25 years |
Drug felonies follow their own, lower sentencing ranges. Violent felonies and repeat felony cases carry mandatory minimums and determinate prison terms. That is why the charge written on your paperwork matters so much, and why getting it reduced can be the most important thing a lawyer does.
What Happens After an Arrest in Syracuse?
After an arrest, you are arraigned; the prosecution turns over its evidence; both sides file motions; and the case ends in a dismissal, a plea, or a trial. Where it happens depends on the charge.
Misdemeanors and felony arraignments are heard at Syracuse City Court, in the criminal courthouse on South State Street. Felony cases that are indicted move to Onondaga County Court at the courthouse on Montgomery Street. Arrests in towns and villages outside the city start in the local justice court. The stages of a criminal case in New York covers the general sequence in more depth.
Here is how a typical Onondaga County case moves:
- Arrest and booking. People held overnight in Syracuse are kept at the Onondaga County Justice Center until arraignment.
- Arraignment. The judge reads the charges, assigns or confirms counsel, and decides release conditions. A temporary order of protection may be issued the same day.
- Felony hearing or grand jury. On a felony complaint, the DA has a limited window to present the case to a grand jury. If a person held in jail is not indicted or given a preliminary hearing within the time CPL 180.80 allows, release is generally required.
- Discovery. The prosecution must turn over its evidence on a fixed schedule, explained in the next section.
- Motions. This is where suppression happens. We challenge stops, searches, statements, and identifications.
- Plea negotiations or trial. Most cases resolve through negotiation. The ones that don’t go to a jury.
Typical Timelines in Syracuse Criminal Cases
Many misdemeanor cases in Syracuse City Court resolve within a few months. Felonies commonly take six months to a year or longer. New York’s speedy trial law, CPL 30.30, gives the prosecution six months to be ready on most felonies and 90 days on a class A misdemeanor, though many delays do not count against that clock.
Can I Get Out on Bail in Onondaga County?
Yes, in most cases. New York requires release for most misdemeanors and non-violent felonies, and the judge can only set bail or order remand when the charge is a qualifying offense under state law.
Qualifying offenses include violent felonies, many domestic violence charges, certain weapons offenses, and some repeat-offense situations. Even then, the judge has options short of jail, such as supervised release or electronic monitoring. Our guide to New York bail reform and what happens after a Syracuse arrest walks through the rules and how bail amounts are set.
Having a lawyer at arraignment matters here. The first bail decision tends to stick, and arguing for release later means filing an application for review after you or your family member has already spent time in custody.
Call +1 (315) 500-6425 before arraignment if you can. We can speak with family members about what to bring and what to expect.
What Evidence Does the Prosecution Have to Share?
The prosecution must share nearly everything it has, including police reports, body camera footage, 911 calls, lab results, and witness statements. Under CPL 245.10, that initial disclosure is due within 20 calendar days of arraignment if you are in custody and 35 days if you are not.
This automatic discovery system is one of the biggest changes in New York criminal practice. Before it, defense lawyers saw key evidence only days before trial in many cases. Now the file arrives early, which means weak cases can be exposed early.
The 2025 Discovery Amendments
In 2025 the legislature narrowed some of the discovery rules. Judges now look at whether the prosecution acted in good faith and with due diligence, and a case is less likely to be dismissed over a minor missing item unless the gap actually hurt the defense. Defense lawyers must also raise discovery objections earlier in the case.
In practice, this means discovery disputes have to be spotted and raised fast. We review the file as it comes in, compare it against what should exist, such as body camera footage from every responding officer, and put objections on the record promptly.
Should I Talk to the Police Before I Have a Lawyer?
No. You have the right to remain silent and the right to a lawyer, and using both is almost always the safer choice. Once you say you want a lawyer, police questioning is supposed to stop.
If police want to schedule an interview, or if you learn there is a warrant for your arrest, call us first. We can arrange a surrender in many cases that avoids an unnecessary night in custody.
What Outcomes Are Possible Besides a Conviction?
Many Onondaga County cases end without a criminal conviction. The most common alternatives are:
- Adjournment in contemplation of dismissal (ACD). The case is put on hold, usually for six months, and dismissed and sealed if there are no new problems.
- Reduction to a violation. A disorderly conduct plea, for example, is not a crime under New York law.
- Treatment court. Onondaga County runs treatment court programs for eligible defendants whose cases are connected to substance use.
- Youthful offender (YO) status. For eligible defendants under 19 at the time of the offense, a YO finding replaces the conviction and the record is sealed.
- Dismissal after motions. Suppressed evidence can leave the prosecution without a case.
Can a New York Criminal Record Be Sealed?
Yes, in many cases. Under CPL 160.59, you can apply to seal up to two convictions, only one of which may be a felony, once ten years have passed. Sex offenses, violent felonies, class A felonies, and homicide offenses are excluded.
New York’s Clean Slate Act adds automatic sealing for many convictions: three years after sentencing or release for misdemeanors and eight years for felonies, with a statewide deadline to seal older eligible records by November 2027. Sealing does not hide a record from police, prosecutors, or some employers, but it keeps most private employers and landlords from seeing it.
Who Will Handle My Case?
Nick Passalacqua, the founder of Passalacqua & Associates, LLC, is a trial lawyer and Syracuse criminal defense attorney who was born and raised in Utica. He is admitted in New York State courts and the U.S. District Court for the Northern District of New York, clerked for a New York State Supreme Court justice, and trained at the Geoffrey Fieger Trial Practice Institute.
He is a member of the National Association of Criminal Defense Lawyers and the National College for DUI Defense. The firm’s attorneys bring more than 50 years of combined experience to cases in both Syracuse and Utica.
What that means for your case is simple. We prepare every case as though it will be tried, because prosecutors make better offers to defense lawyers they expect to see in front of a jury.
Syracuse Criminal Defense FAQs
Talk to a Syracuse Criminal Defense Lawyer Before Your Next Court Date
The ideal time to bring in a criminal defense attorney in Syracuse is before arraignment. The next opportunity is before your next court appearance. Either way, the earlier we see the paperwork, the more options remain open, especially on discovery objections and motion deadlines.
Call Passalacqua & Associates, LLC at +1 (315) 500-6425 to schedule a confidential consultation. We meet clients by appointment at our Syracuse office at 499 S Warren Street and answer calls 24/7.