The state of New York has three types of misdemeanor offenses: Class A, Class B, and unclassified misdemeanors. Class A misdemeanor offenses are the most serious, while Class B misdemeanors are the least serious. The category of unclassified misdemeanors includes both more and less serious offenses.
For information on felonies, see New York Felony Crimes by Class and Sentences.
Sentence Range for Each Level
Each category of misdemeanor offense in New York has a maximum possible penalty associated with it. Unless otherwise specified by law, courts can sentence someone convicted of a misdemeanor offense to pay a fine, serve jail time, or both.
- Class A misdemeanor: not more than one year in jail and not more than $1,000 in fines
- Class B misdemeanor: not more than three months in jail and not more than $500 in fines
Anyone convicted of an unclassified misdemeanor will have to pay a fine or serve jail time as required by the law or ordinance that defines the crime. For example, someone convicted of a first offense of driving while intoxicated, an unclassified misdemeanor, faces fines of between $500 and $1,000, and up to one year in jail.
Examples of Crimes in Each Level
Here is a small sample of misdemeanors categorized by their class. There are many misdemeanor offenses under New York law, and this list is not comprehensive.
Class A
- Petit larceny
- Carrying a gun without a permit
- Second-degree criminal impersonation
- Unauthorized radio transmission
- Third-degree identity theft
Class B
- Issuing a bad check
- Fortune-telling
- Prostitution
- Unlawful assembly
Unclassified
- Aggravated unlicensed driving
- Driving while intoxicated
- Reckless driving
Find a New York Defense Lawyer
If you are ever charged with a misdemeanor in the state of New York you need to speak to an attorney immediately. Only an experienced criminal defense lawyer who knows the prosecutors and judges in your local area can realistically assess your case and give you advice about what to do. If you speak to investigators or make any decision about your case without first consulting an attorney, you may damage your ability to defend yourself against any charges.
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