Not all Misdemeanors are Equal

Misdemeanors New York Should Not Be Easily Dismissed–They Can Mean Jail Time

A misdemeanor in New York can be anything from disorderly conduct to shoplifting. The US legal system has three categories of offenses: felonies, misdemeanors and infractions. The most serious of these are felonies, which can include a term in state or federal prisons, and the least serious are infractions (traffic tickets and fines). Most offenses, however, fall under the category of misdemeanor. Misdemeanors also vary slightly from state to state. What may be a felony in New York might be a misdemeanor in New Jersey, and vice versa. A New York misdemeanor is considered a lesser criminal act, or an act of lower offense.

NYC misdemeanor charges can include:

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

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The maximum punishment for any misdemeanor New York is twelve months of incarceration in a local jail. Jail time is usually reserved for an A class misdemeanor in New York. A New York class A misdemeanor is usually assigned jail time as it is one step down from a felony. Should the courts go lightly ( a non-custodial disposition ) for a class A misdemeanor in NYS it would or could give off the appearance of being light on crime, perhaps even encourage crimes—at least, this is the position of those involved in the legal culture of New York. Class A misdemeanors are chargessuch as assault, theft, and drug possession. Depending upon the severity of the crime and the amount of prior offenses, the class A misdemeanor New York penalty can be assessed. For example, a non-violent offense such as possession of marijuana would most likely not receive jail time whereas assault would. Many people are under the mistaken assumption that a misdemeanor with no priors will not result in jail time. This is not true. The county, the ADA, the crime itself and your attorney all factor in when it comes to what sort of disposition you will receive for your offense. Certain counties are far more inclined to impose mandatory jail terms for your class A misdemeanor offense.

To that end some of these same jurisdictions also impose jail sentencing for a class B misdemeanor in New York. In fact, Nassau County will attempt to assert a 30 day jail term as its class B misdemeanor in New York’s punishment for crimes involving behind the wheel intoxication or impairment. This is typical in this jurisdiction as they take a very tough stance on all crime, in general—even misdemeanors. Most counties, however, can go either way with a class B misdemeanor in New York. Some will give a suspended sentence as a trial of how youmay march forward, others will ask for “weekend jail” and some offer probation. New Jersey is similar to New York in misdemeanor charges and sentencing, but again…some counties are more strict than others. Your New Jersey or New York class B misdemeanor must be attended to by an attorney with experience operating in New York City and its surrounding counties so that he or she may provide a defense that takes into consideration those key points of importance and interest of their jurisdictions legal process.

In general with misdemeanors the courts usually opt to punish individuals using other means at their disposal such as: probation, community service, fines, part-time jail (weekends), or short-term sentences. In the cases where an individual has multiple prior offenses a judge is less likely to use measures such as community service or fines, and instead revoke probation and/or use jail time to get the attention of the offender.