Understanding The Key Differences Under New York Criminal Statutes
As a New York criminal defense lawyer, I have spent years defending those accused of a wide range of crimes under New York law. Perhaps the single most important thing to understand is that, in many ways, New York’s criminal statutes are unique and differ significantly from many other states with regard to how crimes are categorized and prosecuted. Knowing the critical differences under New York’s criminal statutes is important to individuals facing charges and seeking protection of rights.
Misdemeanors Vs. Felonies In New York
Criminal offenses in New York are normally classified into two major classes: misdemeanors and felonies. These classes are of prime importance since they will not only determine any possible sentence that a particular individual may face but also the long-term effects of a conviction.
Misdemeanors are considered less serious crimes and are ordinarily punishable by no more than one year in jail. New York classifies misdemeanors into three categories: Class A misdemeanors, Class B misdemeanors, and unclassified misdemeanors. For instance, under New York Penal Law Section 155.25, petit larceny (stealing property) worth less than $ 1,000 is classified as a Class A misdemeanor. While a misdemeanor conviction is a serious crime, it does not carry with it the same long-lasting stigma as a felony conviction.
These crimes are much more serious and carry a potential penalty of years in state prison. New York categorizes felonies as Class E, the least serious, and Class A, the most serious. For instance, according to New York Penal Law Section 155.40, grand larceny in the second degree involves stealing property over $50,000 in value and is considered a Class C felony. A conviction of a felony can bring substantial prison sentences as well as loss of civil rights, such as the right to vote or own a firearm.
Violations And Infractions
New York law also considers violations, which are offenses but not crimes. The most common examples are disorderly conduct and trespassing. Although a violation is not punished by imprisonment, a violation, nonetheless, carries fines and, in some instances, brief terms of imprisonment, usually less than 15 days. Infractions are minor offenses such as traffic infractions and are treated quite differently from misdemeanors and felonies, with usually just fines or points on a driving license.
Status As A Young Offender
One of the many unique benefits of New York criminal law is that a defendant may be adjudged as a youthful offender. Under New York Criminal Procedure Law Section 720, an individual has to be below 19 years of age. In lieu of finding guilt against a person criminally, he or she may get a YO adjudication (Youthful Offender Adjudication), thereby sealing the record and not allowing a criminal conviction to follow him or her into adulthood.
This status provides a second chance for young individuals when they make a mistake, but this status is not automatic. It has to be bestowed by the court and is very often part of negotiations during plea bargaining or sentencing.
The Function Of Plea Bargaining Within New York Criminal Cases
Plea bargaining is an important part of the New York criminal justice system. The process provides the opportunity for a defendant to plead guilty to a lesser offense, with the idea that their sentence will be reduced or other pending charges possibly dropped. While plea bargains have the positive effect of trying to eliminate the uncertainty in a trial setting, the practice also includes associated risks. It is very important to have an attorney who can understand the nuisances in New York and advise whether or not a plea deal is best for the person.
For instance, a person charged with a felony may be permitted to plead guilty to a misdemeanor and thereby avoid the harsher consequences of a felony conviction. The particulars of a plea bargain would depend on factors such as the facts of the crime, the defendant’s criminal history, and the negotiations between the attorney for the defense and the prosecutor.
Sentencing And Alternatives To Incarceration
New York law offers numerous sentencing options other than imprisonment, particularly for non-violent offenses or for those who have never been convicted of a crime. In lieu of several years in prison or county jail, the judge can impose probation, community service, or participation in rehabilitation programs. Section 60.01 of New York Penal Law provides such alternative sentencing to offer an opportunity for rehabilitation with the least amount of interference in the life of the defendant.
In certain instances, diversion into a drug treatment program, pursuant to New York Penal Law Section 216.05, may allow the charges to be reduced or, in some cases, even dismissed after the program has been successfully completed. Not all offenses are subject to these options, and the defendant’s eligibility often depends upon case-specific facts and their criminal history.
Defend Your Rights Under New York Law
One of the most critical parts of a New York criminal charge defense involves ensuring that your constitutional rights have been protected at every turn. Whether it be making sure evidence was legally obtained, challenging a defective search or seizure under New York’s Criminal Procedure Law Section 710.20, or possibly even challenging the legality of the traffic stop of your car, every facet of your case will need to be reviewed.
Any criminal case has high stakes attached to it, but with the right kind of defense strategy, many can be mitigated, dismissed, or acquitted in court. It is very critical to work with an attorney who knows New York law inside and out and can tailor a specific defense strategy that fits your own circumstances.
New York Criminal Law Frequently Asked Questions
What If I’m Charged With A Misdemeanor In New York?
If one gets charged with a misdemeanor, he or she is likely to face possible sentences: up to a year in county jail, fine, and probation. Misdemeanors can also lead to a criminal record that may impact future employment, housing opportunities, and professional licenses. However, depending on the details surrounding your case, it may be possible to negotiate the charge down to a violation, which does not bear the long-term effects that the misdemeanor charge would carry with it.
How Does New York Punish Repeat Offenders?
New York uses sentence enhancement for repeat offenders. Pursuant to New York Penal Law Section 70.06, a person convicted of a felony where he had a prior conviction of a felony within the last ten years can be sentenced to harsher punishment, including longer prison sentences. The statute is designed to impose more severe penalties on individuals with a history of criminal behavior.
What Is The Difference Between A Violation And A Misdemeanor In New York?
Violations are not crimes in New York and generally result in only fines or brief incarcerations. Misdemeanors, on the other hand, are crimes that could be punished far more seriously, including upwards of a year’s jail, probation, or a fine. More importantly, misdemeanors can result in a criminal record, while violations do not.
Can I Seal My New York Criminal Record?
Maybe. Yes, but only if you remain crime-free for ten years under New York Criminal Procedure Law Section 160.59, those convicted of certain non-violent offenses can have their records sealed. This will make it far easier to apply for jobs, housing, and even professional licenses. But not all offenses qualify for sealing, and the process can be tricky.
Do I Need A Lawyer If I Am Going To Plead Guilty In New York?
You still want a lawyer even if you will be pleading guilty. In the event the charges or penalties can be reduced, a seasoned attorney may be able to negotiate a plea bargain, inform you what the permanent consequences of a guilty plea may be, and ensure that your rights are protected through the criminal process.
The Right Firm To Defend You Is Right Here
If you are facing criminal charges in New York, do not wait any longer to get the legal representation you need. At Jonna Spilbor Law, we understand the complexity of New York’s criminal statutes and will fight relentlessly to defend your rights, whether charged as a misdemeanor, felony, or violation.
Contact our New York criminal defense lawyers at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. Let us guide you through the process with the most favorable result toward the resolution of your case.