For those of you who have been or are currently charged with a crime you might be wondering what is the difference between a misdemeanor and a felony in New York State. The main distinction between the two lies with the penalty and the length of imprisonment. In New York a crime is a misdemeanor if it is punishable by no more than a year in the county jail. While a crime is a felony if it punishable by more than a year in a state prison.
Some crimes can be either a misdemeanor or a
felony depending on the severity of the offense or some aggravating
characteristic. For example, you could punch someone in the face
causing an injury and be arrested for misdemeanor assault, but if you
hit that same person over the head with a beer bottle causing an injury
you could be arrested for felony assault based on the use of a weapon.
Another example would be larceny. You would be charged with
misdemeanor petit larceny if you steal property and the value of the
property is less than $1000.00. However if you steal property and the
value of the property exceeds $1000.00 you will be charged with felony
The main similarity between a misdemeanor and a
felony is that both are considered criminal convictions that will stay
on your record indefinitely. As of right now there is no expungement
available in New York State. So you could be convicted of a crime at
the age of 19 and it will still be on your record 50 years later.
Further, a conviction of either crime can prevent you from owning a
firearm or from working at schools or government agencies.
are facing criminal charges, whether it be a misdemeanor or a felony,
you should speak with an experienced attorney. An attorney can explain
the penalties you could face if convicted of either crime.
***From the Law Blog of Danielle Papa
J John Sebastian Attorney at Law is
here to help you through the criminal process. If you have been
accused of a felony or misdemeanor then you need to enlist the services
of a criminal defense lawyer. www.buffalocriminalatttorney.iconosites.com