If you are charged with a crime, it will typically get classified in one of two ways based on the severity of the charge or charges you have been arrested for, either a misdemeanor or felony. Both are criminal offenses, but the long-term effect on a person’s life can dramatically differ depending on the case’s outcome. Knowing the differences and what they mean when facing a charge is extremely helpful in ensuring you are going about your defense correctly.
Understanding Misdemeanors in NY State
Criminal Defense Orange County NY
In New York State, a misdemeanor is considered a “less serious crime,” but it can still carry significant consequences, fines, and jail time. Misdemeanors are divided into two main classes based on the severity of the charge, and typical examples include theft (petit larceny), assault, disorderly conduct, trespassing, first time offender DUI, etc.
- Class A misdemeanors are more serious and include offenses like third-degree assault. They can carry a sentence of up to one year in a county jail and fines of up to $1,000.
- Class B misdemeanors, like loitering or possession of stolen goods under $1,000, are punishable by up to three months in jail and smaller fines.
In some cases, judges may impose probation, community service, or mandatory drug or anger treatment programs instead of—or in addition to—jail time, even for a first offense. Most first-time offenders have a good chance of getting the case dismissed or having a CD (conditional discharge) when working with an attorney.
Understanding Felonies in New York
Felonies represent the most serious criminal offenses you can be charged with in New York. These include major crimes like robbery, drug trafficking, homicide, rape, grand larceny, and murder. Felonies are further categorized into classes ranging from Class A (the most serious, like murder) to Class E (the least serious, like white-collar crimes or certain drug offenses).
More often than not, a felony conviction results in a prison sentence of more than one year served in a state facility. On top of jail time, individuals convicted of felonies will face steep fines, long-term probation or parole, and other penalties such as loss of certain civil rights (e.g., the right to vote, own firearms, travel outside of the USA, etc.). Because the penalties can be extreme, never face a felony arrest or court proceedings alone. You want to ensure you have the correct defense, which means working with an attorney.
The Main Differences Between the Two
Outside of the obvious distinctions between the two, like the severity of the crime and potential sentence length, misdemeanor convictions will never result in a prison sentence of longer than 1 year. Felonies carry sentences of a minimum of 1 year or more and are served in a State or Federal penitentiary. Another is the impact on an individual’s criminal record. Both misdemeanors and felonies will be reflected on your criminal record (history). But there is a greater stigma and scrutiny for those convicted of a felony.
For instance, finding employment will be much more difficult for a convicted felon. Plain and simple, many companies will not hire a convicted felon under any circumstances. There are businesses and services to help felons in this position, but they are extremely limited. Furthermore, getting a felony conviction expunged or sealed is extremely difficult. Traveling can become problematic. For instance, you cannot visit Canada as a convicted felon.
Regardless of the Charge, Hire an Attorney
Whether you’ve been accused of a misdemeanor or a felony in New York State, the consequences can be life-changing. You may think that because your charges are “only a misdemeanor,” you do not need to look for a defense attorney; that could not be further from the truth. Your life and future prospects can be permanently altered if you are convicted. Don’t go it alone. Contact an experienced Orange County NY Criminal Attorney today like Zucker Law, P.C.