Criminal offenses are generally divided into three categories – felonies, misdemeanors and infractions. The most serious offenses are felonies, which can include a term in state or federal prison, and the least serious are infractions (like traffic tickets and fines). Most offenses, however, fall under the category of misdemeanor.
In New York, a misdemeanor is any crime that carries a sentence of up to 1 year in jail.. This covers a wide range of crimes, so New York further divides misdemeanors into three categories: class A misdemeanors; class B misdemeanors and unclassified misdemeanors. A sentence of imprisonment for a class A misdemeanor may not exceed one year. A sentence of imprisonment for a class B misdemeanor may not exceed three months. A sentence of imprisonment for an unclassified misdemeanor carries a sentence specified by the ordinance or law that defines the crime.
It is important to note that the length of possible sentences is only a legal distinction. In reality, the sentence that is imposed depends on the facts of a specific case. Generally, judges do not sentence first time offenders convicted of misdemeanors to jail time. Judges are much more likely to punish offenders convicted of a misdemeanor with probation, community service, and fines. If a jail sentence is imposed, the court may consider weekend only confinement or very short sentences. However, in cases where the offender has a prior criminal record the courts are more likely to impose the maximum sentence allowed, or to revoke probation related to a previous charge.
Other consequences can also flow from a misdemeanor conviction – having a criminal record can negatively impact your employment prospects, your ability to find housing, and other aspects of your life not at all related to the underlying offense. Not to mention, it makes it more likely you will get a harsher sentence if you are convicted of a crime in the future. New York does NOT expunge criminal records, so a conviction will follow you for life.
A conviction goes on your record no matter how the prosecutor achieves it. If you plead guilty to a misdemeanor it will go on your permanent record just the same as if you fight the charge and are found guilty by a judge or jury.
If you have been charged with a misdemeanor, it is vital that you seek the legal services of a competent criminal defense attorney as soon as possible. An experienced attorney can help you sort through your options, and may even be able to persuade the prosecutor to totally drop the charges against you. Contact Michael Redenburg today for a consultation. He will answer your questions and evaluate your case. After reviewing your situation, he will be able to begin building a defense strategy specific to your case.
Due to varying circumstances in each case, a criminal defense attorney can never promise a certain outcome or result in any given case. What Michael Redenburg can promise is that he will devote his full attention, and all of the resources available to him toward defending each and every one of his clients.