Misdemeanors

The basics about misdemeanor crimes

What is a misdemeanor?

In New York jurisdictions, a misdemeanor is considered any offense that carries the potential penalty of less than one year in prison. Crimes that carry penalties of more than one year in jail are usually classified as felonies.

What types of crimes are considered misdemeanors in New York?

There are many crimes that are commonly considered misdemeanors. Misdemeanors are less "serious" in comparison to felony crimes. A few examples of misdemeanors are:

Petty theft
Harassment
Shoplifting
Lascivious acts
Traffic violations
Criminal mischief
Disorderly conduct
Perjury
Resisting arrest
Trespassing
Assault

What types of sentences are given to a person convicted of a misdemeanor?

Penalties for misdemeanors vary, depending on the crime and jurisdiction, and can include:

Probation
Fines
Community service
Jail time
Counseling
Points on driver's license
Driver's license suspension or revocation

What is the first thing that happens if I am arrested for a misdemeanor?

If you have been charged with a misdemeanor, you can either be given an appearance ticket or you may be held over to see a Judge. If given an appearance ticket, it is prepared by a police officer and is a summary of the offense. The appearance ticket will state a date and time for you to appear at court. This initial court appearance is your arraignment. If you are not given an appearance ticket you will be held over top see the judge where you will be arraigned.

What happens during a misdemeanor arraignment?

During a misdemeanor arraignment, you will be told of the charges against you and the possible penalties. You will be told of your rights and asked if you want to be represented by a lawyer. At your arraignment you will have the option of pleading guilty or not guilty.

What happens if I plead guilty to a misdemeanor?

If you plead guilty to the misdemeanor, you are admitting that you committed the charged offense. Pleading guilty during an arraignment also gives up your right to a trial and your right to remain silent. If you are unsure of whether or not to plead guilty, you can ask the judge to postpone your arraignment in order to obtain a criminal defense lawyer.

What happens if I plead not guilty to a misdemeanor?

If you plead not guilty to a misdemeanor offense, the case will be put over to enable your lawyer to try and get the charges dismissed or to negotiate a favorable plea offer. If neither can be obtained then your case will proceed towards trial.

What is a court trial?

A court trial is when a judge decides on a verdict based on the evidence he or she is presented with.

What is a jury trial?

A jury trial is when six members of the community listen to the evidence and decides if you are guilty. If the jury hands over a guilty verdict, the judge will decide your sentence. If you have been charged with a misdemeanor, we can help.

If you, or someone you know, has been charged with a misdemeanor crime, the experienced criminal defense lawyers at Limmer & Associates can help defend your case. Please contact us for a free consultation. We'll answer all of your questions, give you the personal attention you deserve and guide you in the right direction.