Do you know why you need an experienced Criminal Defense attorney for Misdemeanor charges in New York State?
Because misdemeanor convictions carry lighter sentences than felony convictions, you may make the mistake of not taking misdemeanor charges seriously. A misdemeanor conviction will not only give you a criminal record, it could land you in jail and wreak havoc on your personal, family, social and professional life.
What is the Difference Between a Misdemeanor and Violation?
A misdemeanor conviction may not result in loss of some of the rights and privileges that result in a felony conviction, but it does establish a criminal record.
In New York State, a violation is not a crime, and is not reflected in a criminal record. Violations include offenses such as Disorderly Conduct and Unlawful Possession of Marijuana.
Sentencing and Penalties for Violations
Violation sentences range from a warning, to community service, or as much as 15 days incarceration in county jail. Every case will be unique and sentencing may be impacted by prior charges and convictions. In this situation, having an effective and experienced criminal defense attorney is very important.
Can You Go to Jail for a Misdemeanor Conviction in New York State?
Yes. A NY State misdemeanor conviction could result in a sentence that includes fines, penalties, and/or jail terms of less than one year. Multiple misdemeanor convictions could extend jail time and increase fines and penalties.
Our criminal defense lawyers work tirelessly to represent our clients’ best interests. We will negotiate and seek to have charges dismissed, reduced to a lesser charge, or reduced fines and penalties for clients facing a misdemeanor conviction.
NY “Class A” Misdemeanor
Class A misdemeanors are the most serious of misdemeanor charges and include crimes such as Petit Larceny, Assault in the 3rd Degree and Theft of Services.
Sentencing for Class A Misdemeanor
Sentencing can range from no jail time to a maximum jail sentence of up to 12 months. Additional conditions can include up to 3 years of probation, a conditional discharge, fines, mandatory state surcharges, community service, driver’s license suspension and/or orders of protection.
List of Class A Misdemeanors in NY State
NY State Penal Code
- Aggravated harassment in the second degree 240.30
- Arson in the fifth degree 150.01
- Assault in the third degree 120.00
- Computer tampering in the fourth degree 156.20
- Conspiracy in the fifth degree 105.05
- Criminal possession of a controlled substance in the seventh degree 220.03
- Criminal possession of a forged instrument in the third degree 170.20
- Criminal possession of a weapon in the fourth degree 265.01
- Criminal possession of marijuana in the fourth degree 221.15
- Criminal possession of methamphetamine manufacturing material in the second degree 220.70
- Criminal possession of stolen property in the fifth degree 165.40
- Criminal sale of marijuana in the fourth degree 221.40
- Criminal trespass in the second degree 140.15
- Endangering the welfare of a child 260.10
- Endangering the welfare of an incompetent or physically disabled person in the second degree 260.24
- Falsifying business records in the second degree 175.05
- Forcible touching 130.52
- Forgery in the third degree 170.05
- Hazing in the first degree 120.16
- Health care fraud in the fifth degree 177.05
- Identity theft in the third degree 190.78
- Insurance fraud in the fifth degree 176.10
- Issuing a false financial statement 175.45
- Loitering for the purpose of engaging in a prostitution offense 240.37(3)
- Making graffiti 145.60
- Non-support of a child in the second degree 260.05
- Obstructing emergency medical services 195.16
- Patronizing a prostitute in the third degree 230.04
- Perjury in the third degree 210.05
- Petit larceny 155.25
- Possession of burglar’s tools 140.35
- Promoting prostitution in the fourth degree 230.20
- Public display of offensive sexual material 245.11
- Reckless endangerment in the second degree 120.20
- Residential mortgage fraud in the fifth degree 187.05
- Sexual abuse in the second degree 130.60
- Stalking in the third degree 120.50
- Theft of services 165.15
- Unauthorized use of a computer 156.05
- Unlawful fleeing a police officer in a motor vehicle in the third degree 270.25
- Unlawful imprisonment in the second degree 135.05
- Unlawful possession of a large capacity ammunition feeding device 265.36
- Unlawful possession of a skimmer device in the second degree 190.85
- Unlawful possession of personal identification information in the third degree 190.81
- Unlawful use of credit card, debit card or public benefit card 165.17
- Unlawfully dealing with a child in the first degree 260.20
- Unlawfully dealing with fireworks and dangerous fireworks 270.00
- Welfare fraud in the fifth degree 158.05
NY “Class B” Misdemeanor
Class B misdemeanors are less severe than Class A misdemeanors and include crimes like Marijuana Possession in the 5th Degree, Prostitution and Harassment in the First Degree.
Sentencing for Class B Misdemeanor
Ranges from no jail time to a maximum jail sentence of up to 90 days, one year probation, a conditional discharge, fines and mandatory state surcharges, community service and orders of protection;
List of Class B Misdemeanors in New York State
NY State Penal Code
- Adultery 255.17
- Conspiracy in the sixth degree 105.00
- Criminal possession of marijuana in the fifth degree 221.10
- Criminal sale of marijuana in the fifth degree 221.35
- Criminal trespass in the third degree 140.10
- False impersonation 190.23
- Harassment in the first degree 240.25
- Issuing a bad check 190.05
- Loitering for the purpose of engaging in a prostitution offense (previous conviction for 230.00 or 230.05) 240.37(2)
- Misconduct by corporate official 190.35
- Permitting prostitution 230.40
- Possession of graffiti instruments 145.65
- Prostitution 230.00
- Public lewdness 245.00
- Sexual abuse in the third degree 130.55
- Stalking in the fourth degree 120.45
- Unlawful possession of certain ammunition feeding devices (2nd offense/home) 265.37
- Unlawfully dealing with a child in the second degree 260.21
- Unlawfully dealing with fireworks and dangerous fireworks (2a,5) 270.00
- Unlawfully possessing or selling noxious material 270.05
Unclassified Misdemeanors in NY State
In NY unclassified misdemeanors fall under Traffic, Vehicle, and other areas of New York State law.
Sentencing Guidelines for NY Unclassified Misdemeanors
Ranges from no jail time to a maximum jail sentence of up to 12 months, 3 years of probation, conditional discharge, fines, mandatory New York State surcharges, suspension or revocation of driver’s license, community service, orders of protection, and/or ignition interlock device (learn more about DWI convictions).
NY Sentences for Misdemeanor Conviction
Felonies are divided into five categories or classes in the State of New York and each charge has a maximum sentence. Multiple convictions may be ordered to be served concurrently or consecutively.
NY Courts have various sentencing options available to them. Your criminal defense attorney may be able to help diminish jail time. Courts have been known to assign first-time offenders with shorter sentences, probation, community service, fines, part-time or weekend jail rather than exercising maximum guidelines. Availability of these options diminishes greatly when a defendant has prior or predicate charges.
Every court will treat misdemeanor charges differently. Hiring an attorney that does not specialize in criminal defense could put you at a disadvantage.
Our Criminal Defense Attorneys Fight to Win
Felony charges are often accompanied with complex matters. Warrants, summons, arraignment, bail hearings, plea bargains, jurisdiction, grand jury, court appearances, trials and testimony all impact the outcome. With so much on the line, it is natural to want the best attorney you can find to represent you. Choosing an attorney can add to the stress of the situation.
Our Advice: Hire the best criminal defense attorney you can afford.
Great representation doesn’t have to cost more. E. Stewart Jones is one of the most respected law firms in New York State and we invite you to meet our Criminal Defense Attorneys and then research other firms in the area. Talk to them on the phone to learn how they work and what they would charge to represent you. Then call us. Our attorneys will listen to your entire situation, allow you time to ask questions and then provide you with a no-obligation quote on the spot.
After you’ve done your homework, ask yourself: If the legal fees are comparable, who would you want to represent you?
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