Many crimes can result in violations, misdemeanors, and felonies. I’ve listed some here for your reference:
Common New York State Violation Charges
- Being in public while under the influence of drugs New York Penal Law § 240.40
- Disorderly Conduct NY Pen. Law § 240.20
- Disorderly Conduct comes in a few different varieties, but each requires that the person intend to cause a public disturbance. This includes acting in a violent matter, making unreasonable noise, using abusive language, or even obstructing pedestrian or vehicular traffic.
- Harassment in the 2nd Degree NY Pen. Law § 240.26
- Harassment in the 2nd degree is a violation and is generally a lesser charge that is included with a misdemeanor assault charge or a stalking charge. It comes up fairly frequently in domestic cases and is an example of a violation that does not seal, but instead remains on a person’s record.
Common New York State Misdemeanor Charges:
- Identity theft in the 3rd degree NY Pen. Law § 190.78
- This charge tends to come up in situations where you’ve been accused of stealing another person’s identity. The accusation here is that you used another person’s identity to try and benefit and enrich yourself.
- Making graffiti NY Pen. Law § 145.60
- While most people don’t think that graffiti charges are particularly severe, many of the District Attorney’s Offices treat them far more seriously than you would expect. A charge such as this can often carry hefty fines, community service, and even imprisonment.
- Assault in the 3rd degree NY Pen. Law § 120.00
- Misdemeanor assault is one of the most common charges we see in the criminal courts, and the allegations can include bar fights, domestic incidents, disputes among friends, and many other scenarios. In order to be tried and convicted of a misdemeanor assault, the D.A. must prove that you not only hit another person, but that you also caused them physical injury. Many times, the test here is whether you caused them “substantial pain.” These types of injuries can range from lacerations to bruises, to broken bones. Depending on the severity of the injury, the misdemeanor assault can even be elevated to a felony assault.
On misdemeanor charges, the penalties range from three months to one year in jail, depending on whether a misdemeanor is a Class A or B. Likewise, the severity of a particular crime can influence whether the crime qualifies as a misdemeanor or felony.
Common New York State Felony Charges:
- Assault in the 1st degree NY Pen. Law § 120.10
- This is the most serious assault charge a person can face, and as a result carries the most significant penalties. While there are a few different ways you can be charged with Assault 1, some of the more common ways include allegations that you seriously injured another person by means of a deadly weapon, that you intended to seriously and permanently disfigure another person and did so, or even that you recklessly engaged in conduct that could be considered a depraved indifference to human life, and your actions caused serious physical injury to another person. If you have been charged with Assault in the 1st degree, understand that even if it’s only your first offense, a conviction of Assault 1 carries a mandatory minimum period of incarceration of 5 years, followed by 2 ½ years of post-release supervisions for a first-time offender. Additionally, this sentencing time can go up significantly if you are a predicate felon.
- Criminal Possession of a controlled substance in the 1st degree NY Pen. Law § 220.21
- This is what is commonly referred to as an A1 drug felony, and it’s one of the most severe drug crimes you can be charged with. The charge here is rooted in the weight of the drugs that you have been alleged to have possessed, and if you find yourself charged with an A1 drug felony, you will be facing very serious prison time if convicted. A conviction of this charge, even for a first-time offender, carries a minimum of 8 years in prison, followed by 5 years of post-release supervision time.
- Grand Larceny in the 1st degree NY Pen. Law § 155.42
- Grand larceny comes in a few different varieties, all based upon the amount of property that you’re alleged to have stolen. The most serious Grand Larceny charge – Grand Larceny in the 1st degree, alleges that you’ve stolen over a million dollars in property. As a result, it carries some of the most severe penalties in these types of cases and can include a prison sentence of anywhere from a 1–3-year sentence, all the way up to 8 1/3 – 25 years, for a first-time offender.
Felonies are the most severe crimes – they carry higher fines, prison sentences, and probationary periods than misdemeanors, and can even result in lifelong prison sentences. A knowledgeable criminal defense lawyer should be able to provide you with more information about a charge and collect evidence to help prove your innocence.