New York Misdemeanor

In New York, a Misdemeanor is an offense that is punishable by up to one year in jail. A felony is a crime that is punishable by anything over one year in prison). There are three types of Misdemeanor offenses: an A misdemeanor, B misdemeanor, and an unclassified misdemeanor. An A misdemeanor could include a crime such as Petite Larceny, assault in the 3d degree, Criminal Trespass in the 2nd degree, endangering the welfare of a child, or Criminal Mischief in the 4th degree. A B misdemeanor is punishable by up to 90 days in jail. Examples of a B misdemeanor would include Marijuana Possession in the 5th degree, attempted Assault, and harassment in the 1st degree. Interestingly, if you are charged with a B misdemeanor offense and the matter goes to trial, you are not entitled to a jury trial. The general rule is that if the possible jail sentence is 90 days or less, you are entitled to a bench trial. In a bench trial, the judge alone decides your guilt or innocence. If you have been charged with a Misdemeanor offense, speak with a New York Misdemeanor Lawyer from our firm right away. You could be facing significant penalties.

In a case involving an A misdemeanor, the defendant is entitled to a jury trial. This is because the length of possible incarceration is over 90 days. In this case, the sentence could be up to one year in jail. Your New York Misdemeanor Lawyer will explain that when your sentence potentially exceeds 90 days, you have the option to have either a jury trial or a bench trial. Usually a New York Criminal Defense Lawyer will encourage you to opt for the jury trial. There are exceptions to this however. The lawyer may feel that the jury pool will not produce a fair trial, or if the case is very complicated, the judge may have a better understanding of the case.

Speak to a New York Misdemeanor Lawyer from the Law Office of Barry C. Weiss P.C. for advice and guidance. We will offer you a free consultation and will discuss the circumstances of your case confidentially. We handle cases for your convenience throughout New York City, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island as well as in Westchester County, and Nassau County and Suffolk County on Long Island. Contact us today at 212.785.1300.