New York, as do most states, separates criminal charges into misdemeanors and felonies. A felony may carry a sentence of a year or more in prison, while a misdemeanor may carry up to one year in jail. Misdemeanors and felonies have further classifications that carry maximum sentencing depending on the severity of the offense. If you have been arrested and are facing a criminal charge in New York, you should find an effective New York criminal lawyer.
Although misdemeanors have less severe criminal penalties, the effect they can have on your life is still very serious. By working with a New York criminal attorney, you are more likely to see a favorable outcome to your criminal case.
Your attorney can also review your case and help determine what defense might be most fitting for your situation. They may also be able to seek a lesser charge, increasing your chances of seeking an expungement or the sealing of your record due to New York’s new Clean Slate Act. Whatever your criminal charge might entail in 2025, the team at the Law Offices of Robert Tsigler, PLLC, is here to help.
Misdemeanor Charges in New York
Misdemeanors are classified as Class A and Class B, and there are unclassified misdemeanors for certain traffic offenses. Misdemeanor sentences can also alter your life severely. You could be sentenced to up to one year in jail and/or pay hundreds in fines.
- -Class A Misdemeanor: A Class A misdemeanor is the most severe of misdemeanor charges and can result in up to one year in jail. It can also result in two to three years of probation, fines, and community service. Class A misdemeanors include resisting arrest, petty larceny, third-degree assault, and seventh-degree possession of a controlled substance.
- -Class B Misdemeanor: A Class B misdemeanor is less severe but can still result in up to 90 days in jail, as well as fines, community services, and probation. This includes charges such as first-degree harassment, prostitution, and fifth-degree marijuana possession.
- -Unclassified Misdemeanor: These misdemeanors are listed throughout the state’s Vehicle and Traffic Law (VTL), as well as specific criminal statutes. They are misdemeanors without a specific level and, therefore, have unique penalties associated with the charge. Charges include aggravated driving without a license and first-offense driving while intoxicated (DWI).
Although misdemeanors carry lesser sentences, they still give you a criminal record, which impacts your life regardless of the offense you were convicted of. A criminal record limits your housing, educational, and career opportunities. Depending on the misdemeanor, you could also face immigration consequences.
Felony Charges in New York
Felonies have five classifications and carry much more serious penalties. These are prosecuted via an indictment.
- -Class A Felony: These are the most severe crimes and include both A-I and A-II felonies. A-I are the most serious. Class A felonies can result in up to life in prison. These charges include first-degree kidnapping, first and second-degree murder, and first-degree conspiracy.
- -Class B Felony: Class B felonies carry five years to up to 25 years in prison. There are violent and non-violent Class B felonies, but they have the same maximum sentence. These charges include first-degree rape, third-degree sale of a controlled substance, first-degree burglary, and first-degree robbery.
- -Class C Felony: A Class C violent felony results in 3 ½ to 15 years in prison. Non-violent Class C felonies result in up to 15 years in prison but could result in probation and no jail time. These include charges such as second-degree criminal possession of a weapon, second-degree grand larceny, and second-degree aggravated manslaughter.
- -Class D Felony: A Class D felony has a maximum sentence of seven years, although a non-violent felony may result in no jail time, and a violent felony may have a minimum sentence of two years. Charges include second-degree assault, second-degree stalking, and third-degree robbery.
- -Class E Felony: A Class E felony can result in up to four years in prison or probation and no jail. Charges include fourth-degree conspiracy, child abandonment, and fourth-degree aggravated sexual abuse.
Defending Against Criminal Charges in 2025
In 2022, over 400,000 crimes were reported in the state of New York. From a murder charge in Hell’s Kitchen to a speeding ticket in Utica, having an attorney on your side can help ensure you are given the greatest chance at securing a positive outcome in your case.
While it is essential to understand the kind of charges you are facing and the penalties that might be included should you be convicted, it is likewise just as important to understand the defenses that might work in your case.
In a New York criminal case, the most common defenses that can be used to seek a reduction in charges or a dismissal of the case altogether include:
- -Mistaken identity. One of the most commonly used defenses in New York for criminal charges is that of mistaken identity. Your attorney may be able to argue that you were simply wrongly accused of the crime because you resemble the actual criminal in some way. This defense works well for situations in which witnesses have provided an unclear or inaccurate description of the alleged perpetrator.
- -Self-defense. Another commonly used defense is acting in self-defense or in the defense of others. This defense is particularly useful in cases of violent crimes. However, remember that it is important that you act within legal boundaries when having to defend yourself. If you use excessive force, it could weaken your defense. You are allowed to defend yourself or others if you believe imminent danger is present.
- -Consent. This defense can work well in certain cases, including sexual crime accusations or allegations of theft or assault. In these situations, your attorney may be able to argue that you received the consent of the alleged victim before the act took place.
- -Entrapment. This can occur when police officers or other law enforcement personnel persuade an individual to commit a crime that they wouldn’t have otherwise committed in order to catch them in the act. In order for this defense to work, however, you must be able to prove that the idea for the crime came from the police or other law enforcement agencies.
Defining New York’s Clean Slate Act
On November 16th, 2024, New York’s Clean Slate Act took effect. This act provides the court system up to three years from that date, until November 16th, 2027, to set up necessary processes to automatically seal any eligible criminal or conviction records. Once this step is completed, these convictions can be sealed for certain purposes, such as in the case of a civil background check.
Records that are eligible to be sealed under the Clean Slate Act can include many misdemeanor and felony convictions once a certain amount of time from conviction has passed or if the convicted individual has been released from their period of incarceration. Class A felony convictions, such as murders or sexual offenses, will not be eligible for sealing under the Clean Slate Act.
FAQs
What Crimes Have No Statute of Limitations in New York?
Crimes that have no statute of limitations, or no time limit in which to file a criminal charge, include first-degree rape and any Class A felony, which includes:
- -First-degree arson
- -Operating as a major trafficker
- -First-degree conspiracy
- -First-degree kidnapping
- -First and second-degree criminal use of a chemical or biological weapon
- -First and second-degree murder
- -Aggravated murder
- -Terrorism
- -Predatory sexual assault
- -Predatory sexual assault against a minor
Both A-I and A-II felonies have no statute of limitations.
What Are the Necessary Elements of a Crime in New York State?
In a criminal case, the defendant does not have the burden of proof. The state prosecution brings a criminal case against the defendant, and the prosecution must prove beyond a reasonable doubt that the defendant is guilty. In most criminal cases, to establish this burden of proof, the prosecution must prove:
- A criminal act or criminal conduct
- A criminal intent, or the individual’s state of mind
- Causation between the act and the effect
This may not apply to every criminal charge.
What Is the Process of a Trial in New York?
A defendant has the right to a jury trial, but they can waive this right for a bench trial. After the jury is selected for a jury trial, the process of both trials is the same. Both the prosecution and the defense make their opening statements, provide their side of the case beginning with the prosecution, and provide their closing arguments. The trial ends with a verdict from the jury or the judge. An experienced criminal defense attorney is essential to guiding you through a criminal trial.
What Is Attempt to Commit a Crime in New York?
The crime of attempting to commit a crime in New York is when an individual intends to commit a crime and engages in conduct that would lead to the act of that crime. The crime does not have to have been committed for an attempt to commit a crime to be charged.
This charge can be a misdemeanor or a felony, depending on the crime that was intended. Attempting to commit certain A-I felonies is charged as an A-I felony, while others are charged as a Class B felony. An attempt to commit a Class B felony is charged as a Class C felony. An attempt to commit a misdemeanor is charged as a Class B misdemeanor.
Effective Criminal Defense in New York
If you are being charged with a crime, you need effective legal representation quickly. There are many factors that can alter how your unique case is charged. Contact the Law Offices of Robert Tsigler, PLLC, today to see how we can defend your rights and your future.
