russian speaking criminal defense attorney in New York

A misdemeanor is a criminal offense for which a sentence of imprisonment for up to one year may be imposed. Misdemeanors are less serious crimes, than felonies, yet they are still crimes. So, a misdemeanor conviction is still a criminal conviction carrying various negative collateral consequences, though less serious than the ones caused by a felony conviction. Such collateral consequences may be in immigration status, employment, education, housing, access to financial instruments, such as mortgages, and professional licenses.

An example of a misdemeanor may be petit larceny (shoplifting), assault in the 3rd degree, misdemeanor possession of a controlled substance, misdemeanor criminal mischief, misdemeanor criminal possession of a weapon, DWI, misdemeanor driving with a suspended driver license or registration.

In New York State, misdemeanors are divided into the following classes:

Class A misdemeanor – sentence of imprisonment for up to one year

Class B misdemeanor – sentence of imprisonment for up to 90 days

Unclassified misdemeanor – sentence of imprisonment as defined in the respective law.

Unclassified misdemeanors are defined in various New York State laws, other than Penal law. For example, Driving While Intoxicated (“DWI”) is an unclassified misdemeanor with a sentence of imprisonment for up to one year, that is defined in Vehicle and Traffic Law (“VTL”).

Unlike felony, misdemeanor prosecution does not require a Grand Jury action or an indictment. It does require instead a supporting deposition signed under oath by the complaining witness and confirming the truth of the allegations of the criminal complaint or misdemeanor information. Unlike in a felony jury trial, a misdemeanor jury consists of 6 jurors and 2 alternates. Any verdict in a misdemeanor jury trial, guilty or not guilty, must be reached by a unanimous vote of all jurors on each count of misdemeanor information.

A specific type of offense for which a person may be sentenced to more than 15 days but not more than one year in jail. Many people consider only a felony to be a crime not realizing that a Misdemeanor is a crime as well which has many consequences on a person's life. If arrested and charged with a misdemeanor, contact experienced Criminal Defense Attorneys, Sharifov & Associates, PLLC, we handle any and all misdemeanor offenses in New York State.