In the state of New York, misdemeanor crimes are considered less serious than felony crimes but still carry significant consequences. From minor theft and drug possession to assault and battery, individuals charged with misdemeanors can face fines, probation, and even imprisonment. With the complexity of the criminal justice system, it’s natural to have questions about misdemeanor crimes and their potential impact on your life. In this article, Eastcoastlaws.com will provide answers to some of the most frequently asked questions about New York misdemeanor crimes. Whether you’re facing a misdemeanor charge or simply curious about the legal process, this guide can help you navigate the often-confusing world of criminal law in the state of New York.
What Is A Misdemeanor In New York?
A misdemeanor is a criminal offense that is considered less serious than a felony, but more serious than a violation. In New York, misdemeanors are classified into three categories: Class A misdemeanors, Class B misdemeanors, and unclassified misdemeanors.
What Are Some Examples Of Misdemeanor Crimes In New York?
Shoplifting-related misdemeanors like Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (including cocaine, ecstasy, Molly, and heroin), Criminal Possession of a Weapon in the Fourth Degree (PL 265.01), and Assault in the Third Degree (PL 120.00) are some of the most frequently charged misdemeanors in New York.
What Are The Potential Penalties For A Misdemeanor Conviction In New York?
Misdemeanor crimes in New York are categorized as A, B, or unclassified. The classification of the misdemeanor crime has an impact on the respective sanctions for these offenses. In New York, the punishment for an A misdemeanor can include up to a year in jail, a fine of up to $1,000, two or three years of probation, and/or a conditional discharge, which may include the need to follow certain conditions like abiding by an Order of Protection or refraining from being arrested again.
In New York, a B misdemeanor carries a potential term of up to 90 days in jail, a $500 maximum fine, one year of probation, and/or a conditional discharge. Depending on the specific offense, a sentence for an unclassified misdemeanor like VTL 511(1)(a), driving while license is suspended, may involve some jail term of one year or less, a fine, and/or a conditional release.
Can I Be Arrested For A Misdemeanor In New York?
Yes, you can be arrested for a misdemeanor in New York if there is probable cause to believe that you committed the crime. However, some misdemeanors can also be charged by way of a summons or appearance ticket, rather than an arrest.
Do I Have To Go To Jail If I Am Convicted Of A Misdemeanor In New York?
Not necessarily. The potential penalties for a misdemeanor conviction in New York include fines, probation, and community service, in addition to jail time. Whether or not you will have to serve time in jail will depend on the specific offense, your criminal history, and other factors.
Can I Plead Quilty To A Misdemeanor In New York?
Yes, you can plead guilty to a misdemeanor in New York. However, it is always recommended that you consult with an experienced criminal defense attorney before making any decisions about your case.
Do Misdemeanor In New York Show Up On Your Background Check?
Yes. Misdemeanor convictions in New York are frequently discovered during standard background checks by employers or law enforcement organizations. The record of a prior criminal conviction can, however, be sealed in New York under specific conditions. So long as certain requirements are completed, a sentencing judge may seal your case under NY CPL 160.59.
Can I Have A Misdemeanor Conviction Expunged In New York?
No, New York does not allow for the expungement of misdemeanor convictions. However, there are some limited opportunities for sealing certain types of misdemeanor convictions.
Can I Lose My Job If I Am Convicted Of A Misdemeanor In New York?
It is possible that you could lose your job if you are convicted of a misdemeanor in New York, depending on the nature of your employment and the specific offense. For example, a conviction for DUI could result in the loss of a commercial driver’s license, while a conviction for theft could result in termination from a job that involves handling money or property.
What Should I Do If I Am Facing Misdemeanor Charges In New York?
If you are facing misdemeanor charges in New York, it is important to speak with an experienced criminal defense attorney as soon as possible. Your attorney can help you understand your rights, develop a defense strategy, and guide you through the legal process.