Misdemeanors And Felonies In New York
A misdemeanor is a crime. New York law defines a misdemeanor as an offense, other than a ‘traffic infraction”, for which a sentence in excess of fifteen days may be imposed but which a sentence of imprisonment in excess of one year cannot be imposed. Prosecution of a misdemeanor must be started within two years of the crime.
New York law classifies misdemeanors into three categories for purposes of sentencing: class A misdemeanors; class B misdemeanors and unclassified misdemeanors. All misdemeanors carry a definite sentence that is fixed by the court. A sentence of imprisonment for a class A- misdemeanor may not exceed one year. A sentence of imprisonment for a class-B misdemeanor may not exceed three months. A sentence of imprisonment for an unclassified misdemeanor carries a sentence specified by the ordinance or law that defines the crime. A person sentenced to imprisonment for a misdemeanor serves out their sentence of imprisonment in the local county jail.Class A misdemeanor probation is three years. Class B misdemeanor probation is one year.
A court can impose a fine in most cases of no more than one thousand dollars for a class A misdemeanor. A court can impose a fine of no more than five hundred dollars for a class B misdemeanor. A court can impose a fine specified by the ordinance or law that defines an unclassified misdemeanor. A person convicted of a misdemeanor must pay a mandatory surcharge of one hundred forty dollars and crime victim assistance fee of twenty dollars. Sex offenses carry additional surcharges.
A felony is also a crime. A felony is more serious than a misdemeanor. A felony is defined by New York Law as an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. The sentencing scheme for felonies in New York is extremely complex. Felonies are classified, for the purpose of sentence, into five categories; A through E. Class A felonies are further broken down for purpose of sentencing into two sub-categories known class A-I and class A-II. A class A-I felony is the highest level felony. A class E felony is the lowest level felony.
Felonies are also classified for purposes of sentencing as violent and non violent. Violent felony offenses carry heavier sentences than non-violent felonies in the same category. The sentencing guidelines also consider whether the defendant is a first time felony offender, a second time felony offender (“Predicate”) or a third time felony offender (“Persistent”). The age of the defendant can affect the sentence. There are different sentencing rules for juvenile offenders (16 years old or less) and youthful offenders (less than 19 years old) than for adult defendants.
A person convicted of a felony can receive a determinate sentence or an indeterminate sentence. A determinate sentence is for a fixed number of years such as 9 years. An indeterminate sentence sets a minimum and a maximum number of years of imprisonment such as 3 to 9 years.
A person convicted of more than one felony maybe sentenced to concurrent or consecutive terms of imprisonment. Concurrent sentences run simultaneously while consecutive sentences run back to back. Sentences of imprisonment for felonies are served in the state prison system rather than in a local county jail. Felony probation is five years.
A sentence to pay a fine for a felony in most cases cannot exceed the higher of five thousand dollars or double the defendant's gain from the commission of the crime. However, in felony controlled substance cases and felony marihuana cases the court may fine the defendant between fifteen thousand dollars for a C felony and one hundred thousand dollars for an A-I felony or double the defendant's gain from the commission of the crime. There is also a mandatory surcharge of two hundred fifty dollars and a crime victim assistance fee of twenty dollars in all felony cases.
The following felonies may be prosecuted at any time: any class A felony; rape in the first degree; criminal sexual act in the first degree; aggravated sexual abuse in the first degree; or course of sexual conduct against a child in the first degree. The prosecution of all other felonies must be started within five years of the crime.
Please call me toll free at 1-877-858-2889 if you are ever charged with a misdemeanor or felony. I am available 24/7. The intial consult is free. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
