Whether you’re meeting with an attorney after having been charged with a crime or would simply like to learn more about the law, it’s important to understand the different ways that crimes are classified in New York. Below is a deeper look at misdemeanors and felonies, which are the two most serious of the three types of criminal cases recognized in the New York State Penal Code.

Misdemeanors

In New York, misdemeanors are considered less severe than felonies but more severe than violations (which include trespassing and unlawful marijuana possession). There are three types of misdemeanors, listed in decreasing order of severity: Class A, Class B, and unclassified misdemeanors.

Class A misdemeanors, punishable by up to one year in prison, include such crimes as forcible touching, third-degree assault, and sexual misconduct.

Class B misdemeanors carry maximum jail sentences of up to three months in jail and include such crimes as unlawful assembly, prostitution, and first-degree harassment.

Unclassified misdemeanors, considered the least severe of the three, have penalties that vary by statute, and include such crimes as reckless driving, unlicensed driving, and driving while intoxicated. While the most common penalty for an unclassified misdemeanor is three years of probation, some unclassified misdemeanors can result in jail time.

Depending on the charges against you and your criminal history, a skilled attorney may be able to negotiate your misdemeanor charge down to a lesser crime.

Felonies

Compared to misdemeanors, felony charges carry penalties that are far more severe. New York law provides for five classes of felonies.

Class A felonies are reserved for the most severe crimes, such as murder and arson, and carry sentences up to life in prison.

Class B felonies, which are considered the second most severe under New York law, are punishable by up to 25 years in prison and include crimes such as first-degree assault and human sex trafficking. From there, as the severity of the felony decreases, the number of crimes included within the felony class rises.

Class C felonies, which include aggravated criminal possession of a weapon and aggravated vehicular assault, carry jail sentences up to 15 years. 

Class D felonies, punishable by up to 7 years in jail, include reckless endangerment of a child and identity theft.

Class E felonies carry up to 4 years of jail time and primarily include crimes of moral turpitude, such as fraud. 

If you’ve been accused of a crime, retain your attorney early in the process so you can have a skilled and knowledgeable advocate negotiating on your behalf from the get-go. The Larry R. Koss Law Firm of Brockport, NY, offers legal services in a variety of practice areas, including domestic violence, alcohol and drug offenses, and DUIs. Call them today at (585)-637-3961 or visit their website for more information.