Misdemeanors & Violations in New York

Understanding Misdemeanors, Violations, and Felonies

The legal system of US categorizes offenses into three: infractions, misdemeanors, and felonies. Felonies are the most severe crimes which often involve serving a term in the federal or state prisons while the least serious are infractions which include traffic tickets and fines. Many offenses fall under the misdemeanor category. Note that misdemeanors vary from one state to the other; a felony in New York could be a misdemeanor in another state and vice versa. In New York, misdemeanors are considered a lesser criminal act or acts of lower offense. This is anything from shoplifting to disorderly conduct. After being charged with a misdemeanor of any kind, an attorney can assist in presenting the evidence that you have to the court before you're sentenced. Since a misdemeanor isn't as severe as a felony, there are a few different ways that the consequences can play out in court. Your criminal background and the nature of your crime can often be factors when the court determines your sentence. Keep in mind that even a minor misdemeanor charge and conviction could have significant impacts on your personal and professional life, which is why you want to handle the charges with the assistance of an attorney.

Violations vs. Misdemeanors

If you are charged with a violation, you could still face significant consequences. However, you likely won't spend time in jail. Instead, you will usually be placed on probation or be sentenced to community service or classes that relate to your charges. Even though a violation isn't as severe, you still need to deal with it as soon as possible without neglecting the possible consequences that you could face. Some violations could remain on your criminal record even if you don't serve any time in jail, which is why you need to carefully consider how you plead to the violations that you face. Domestic violence violations often stay on your record and can impact various areas of your life. You could also spend up to 15 days in jail after being charged with a violation even though it's not a crime like a misdemeanor or a felony and even though the actions that you committed aren't as severe. A violation is the least severe of the charges that you could receive. Harassment and disorderly conduct are some of the common charges that are considered violations. There are also numerous types of traffic violations that you would need to go to court to handle including speeding and driving with an expired registration.

Classes of Misdemeanors

There are a few different classes of misdemeanors to consider. There are no separate classes regarding violations, but the court will usually look at the severity of the crime and what you were doing at the time the incident occurred.

Class A Misdemeanors

A class "A" misdemeanor is one that is often considered the most severe in the court system. When you go to court and are convicted of a class "A" misdemeanor, then you could be sentenced to up to a year in jail. Common crimes in this class include larceny and criminal possession of a weapon. The crimes under class A include offenses like:

• Operating a radio station when one doesn't have an authorization from the FCC
• Theft of another person's property – petit larceny
• 3rd-degree identity theft or using another person's information or identity to commit fraud
• Pretending to be another person to commit criminal offenses – 2nd-degree criminal impersonation

Some of the consequences that you could face from this type of charge include community service and time in jail. The penalties include fines, jail time or a combination of the two. Additionally, anyone convicted of Class A misdemeanors can expect to spend about a year in jail or pay a fine of approximately $1,000. You'll usually only spend up to a year in jail, and if you've been incarcerated while awaiting trial, then you'll likely get credit for the time that you've already served.

Class B Misdemeanors

A class "B" misdemeanor can also result in time in jail, but usually not quite as long. Marijuana possession is a common charge in this class. If you attempt to commit any kind of class "A" misdemeanor but fail to complete the act, then you will usually be charged automatically with this class of misdemeanor. Writing fraudulent checks, assembling over three people to disturb the peace of others or commit a crime, prostitution, and telling fortunes to defraud people are examples of Class B misdemeanors. The crimes attract a jail sentence of about 90 days or fine that doesn't exceed $500. Community service, a protection order, fines and fees, and jail up to 90 days could be sentences that you receive when you go to court to face this kind of charge.

Unclassified Misdemeanors

There are also a few unclassified misdemeanors that are still serious in nature but that aren't listed as significantly as others. These crimes fall into either of the categories we have outlined above, and their penalties can correspond to either a class B or class A misdemeanor depending on how the crime has been designated under the applicable law, statute or ordinance. Most of the time, these are traffic charges that usually result in a fine that needs to be paid. You likely won't need to spend any time in jail if you are charged and convicted of this type of misdemeanor. Offenses like operating an auto under a revoked or suspended driver's license, driving recklessly, or driving under the influence of drugs or alcohol are examples of unclassified misdemeanors. They carry a penalty that ranges from three months in jail or a $500 fine to a fine that doesn't exceed $1,000 and twelve months in prison.

Common NYC Misdemeanor Charges

Some NYC misdemeanor charges include:

• Petty theft
• Vandalism
• Prostitution
• Disorderly conduct
• Trespassing
• Drug possession
• Public intoxication
• Simple assault
• Animal crimes

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Sentencing and Alternative Consequences

Generally, courts usually punish people using other means like community service, probation, fines, short-term sentences or part-time jail (weekends). If an individual has multiple offenses, a judge may use measures like fines or community service other than probation or jail term to get the offender's attention.

Consequences Beyond Conviction

Aside from the charge itself and the conviction, you're going to need to keep in mind the other consequences that you're going to face after you leave the court. It's possible that you could face immigration court from some charges or even federal charges in the future if there is enough evidence against you regarding anything from drug charges to sex crimes. You're going to likely deal with the consequences that you face throughout personal relationships and professional endeavors whether you're charged with a violation or a class "A" misdemeanor that results in a minimal jail sentence.

Get Legal Assistance for Your Misdemeanor Charge

Are you facing a misdemeanor charge in New York City? Well, with the help of NYC misdemeanor lawyer from Spodek Law Group, you can get all the assistance you require to win your case. Our misdemeanor lawyers can be your fierce advocates throughout any misdemeanor case you may be facing. They have the experience and can handle all stages of the New York City legal criminal process from negotiations and pre-trial to trial. Our team of legal representatives is the best in New York City. They possess the required experience and knowledge to negotiate the best deal with the prosecution. Do not underestimate the consequences of misdemeanors. Get the assistance you need by calling Spodek Law Group.