Sentences for Misdemeanor Charges;
Types and Classes of Misdemeanor in New York
In New York State one of the classifications of crimes are various Misdemeanors. A Misdemeanor is defined as a crime with a maximum punishment of 12 months of incarceration usually at the local jail. Misdemeanors may also be punished with a monetary fine, probation, conditional/unconditional discharge and/or community service.
Sentences for Misdemeanors
As sentence (punishment) after conviction of a Misdemeanor may include the following:
- Up to one year at the local Jail
- Probation
- Conditional Discharge
- Unconditional Discharge
- Fine with State mandatory surcharge
- Community service
- Driver’s license suspension
- Orders of protection
- Treatment programs
It is important to note that like Felony charges a Misdemeanor is considered a crime and that by itself may have negative implications with respect to employment, loans and education. Since a Misdemeanor is serious they should be handled by an experienced criminal defense attorney. At Riebling, Proto & Sachs, LLP all of our attorneys are well versed in criminal Law in New York State. Our lawyers include former prosecutors and regularly practice in all Courts throughout Westchester, the Bronx, Putnam, Dutchess, Rockland and Orange Counties. We are always available for a Free Consultation.
Types and Classes of Misdemeanors
Generally the classes of Misdemeanors are broken down into 3 categories
- The first is the most serious a Class “A” Misdemeanor with a maximum punishment of 12 Months in Jail.
- Next is a Class “B” Misdemeanor with a maximum punishment of 6 moths in Jail and
- Lastly Unclassified Misdemeanors were the Jail time varies.
Class “A” Misdemeanors
The Following are a few common types of Class “A” Misdemeanors:
- Assault in the 3rd degree
- Menacing in the 2nd degree
- Stalking in the 3rd degree
- Sexual Misconduct
- Sexual Abuse
- Unlawful Imprisonment in the 2nd degree
- Criminal Mischief in the 4th degree
- Making Graffiti
- Arson in the 5th degree
- Petit Larceny
- Unauthorized Use of a Vehicle in the 3rd degree
- Criminal Possession of Stolen Property in the 5th degree
- Forgery in the 3rd degree
- Identity theft in the 3rd degree
- Obstructing Governmental Administration in the 2nd degree
- Bail Jumping in the 3rd Degree
- Criminal Contempt in the 2nd degree
- Criminal Possession/Sale of Marihuana in the 4th degree
- Criminal Possession of a Controlled Substance in the 7th degree
- Criminal Possession of a Weapon in the 4th degree
Class “B” Misdemeanors
Class “B” Misdemeanors are usually the same type of crimes only that of a lesser degree or and attempt to commit a crime.
Unclassified Misdemeanors
Unclassified Misdemeanors are usually those that fall out side the Penal Law such as Vehicle and Traffic Law offenses. Common types of Unclassified Misdemeanors include:
- Driving While Intoxicated
- Aggravated Unlicensed Operation of a Motor Vehicle
In order to properly evaluate your misdemeanor case please contact one of our criminal defense attorneys at Riebling, Proto & Sachs, LLP. We will take the time to explain the entire misdemeanor process, types and classes of misdemeanor and sentences for misdemeanor to you and advise you on the best course of action. Protection of your rights is our primary concern. Contact our law firm for a free initial consultation.
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