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Misdemeanor Charges in NY: Classifications & Penalties

In the state of New York, there are two categories of crimes: felonies and misdemeanors. NY considers a misdemeanor to be any crime that is punishable with a minimum jail sentence of 15 days, but no less than one year.

There are sentencing limits in place for the three classes of misdemeanors, but it’s important to keep in mind that your punishment may be affected by a variety of elements including, but not limited to:
  • Nature of the crime committed
  • Your criminal history
  • Circumstances of the crime committed

What is a Misdemeanor in NY?

In Long Island, NY, a misdemeanor is considered to be a less severe crime than a felony. This is reflected by the way that each category has its own respective penalties and sentences.

Being convicted of a misdemeanor in the state of New York can result in up to $1,000 in fines and a minimum jail sentence of 15 days up to one year, while a felony conviction will get you a much longer prison sentence.

Misdemeanor Classifications in NY

In the state of New York, misdemeanors are divided into the following three classifications:
  • Class A Misdemeanors
  • Class B Misdemeanors
  • Unclassified Misdemeanors
Below you will find examples, sorted by classifications, of what is considered a misdemeanor crime in the state of New York.

Class A Misdemeanors

A Class A misdemeanor conviction is the most serious of the three types of. Examples include, but are not limited to:
  • Assault in the third degree
  • Self-abortion in the first degree
  • Unlawful imprisonment in the second degree
In Long Island, NY, a Class A misdemeanor conviction is punishable by a jail sentence of up to one year or less, but more than six months. Other penalties for this type of crime may include, but is not limited to:
  • Order of protection
  • Probation for two to three years
  • $1,000 fine, or double what was gained from the crime

Class B Misdemeanors

A Class B misdemeanor conviction is considered less severe than a Class A misdemeanor, but the possibility of jail time is still present. Examples include, but are not limited to:
  • Fortune telling
  • Stalking in the fourth degree
  • Criminal possession of an anti-security device
  • Possession of graffiti tools
Class B misdemeanor convictions are punishable by a maximum of 90 days in jail, with a possibility of the following:
  • Community service
  • $500 fine or double what was gained from the crime committed
  • Probation

Unclassified Misdemeanors

In Long Island, NY, an Unclassified Misdemeanor is any crime punishable with a jail sentence greater than 15 days, but no more than one year. This type of conviction is not as serious in nature compared to Class A or Class B misdemeanors, but should be taken serious nonetheless.Examples include, but are not limited to:
  • Driving While Intoxicated (DUI/DWI)
  • Reckless driving
  • Aggravated driving without a license

What Happens After A Misdemeanor Conviction?

If you’ve been convicted of a misdemeanor in Long Island, NY, then you may be sentenced to a combination of:
  • Jail or prison
  • Probation
  • Fines
  • Restitution: Compensating the victim for any loss or injury done as a result of the crime
In New York, there are limits set in place for the various misdemeanor classification which requires any fines or jail/prison sentences resulting from a conviction be for a fixed amount of money and time.

Can I Get Probation For a Misdemeanor in NY?

If you’ve been charged and convicted of a misdemeanor in Long Island, NY, the court may choose to sentence you to probation instead of a jail or prison sentence.

The following are some of the limits in place for the allowable probation sentence length resulting from a misdemeanor conviction in New York:
  • Most Class A Misdemeanors: Two to three years
  • Class A Misdemeanor Sexual Assault: Six years
  • Most Class B Misdemeanors: One year
  • Unclassified Misdemeanors with An Authorized Sentence of More Than Three Months: Two to three years
If you, or someone you know, have been convicted of misdemeanor or are facing misdemeanor charges in the state of New York, it’s critical that you speak with a criminal defense lawyer as soon as possible.

Our affordable criminal defense attorneys have decades of experience representing and protecting the legal rights of Long Island, West Babylon, Nassau County, and Suffolk County residents. Schedule your free consultation by submitting a form here or by calling  our office at (631)643-3084 and we will be happy to help you.

We have bilingual staff available. Hablamos Español.

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