Felonies and Misdemeanors
New York’s Penal Law has several classifications which define the severity of the offenses. Our New York and Westchester Criminal Defense Lawyers have extensive experience in handling both misdemeanors and felonies of various levels in the New York City and Westchester County Courts.
Crimes in New York are either classified as Felonies and Misdemeanors. A felony is punishable by over one year in jail, whereas the maximum sentence for a misdemeanor is one year. Additionally, New York has a class of offenses which are violations. Violations are punishable by up to fifteen days in jail and are not technically crimes and convictions for violations are not crimes.
Felonies are further subdivided by classes, which range from a class E Felony, the lowest felony level and Class A felonies which are the highest. In general, murder and heavy drug cases tend to be Class A felonies. Class E felonies Driving While Intoxicated (with a prior conviction), Grand Larceny, Criminal Mischief, among others.
Misdemeanors are also divided between Class A misdemeanors and Class B Misdemeanors. Class A misdemeanors are punishable by up to a year in jail, whereas Class B misdemeanors are punishable by up to ninety days in jail.
Although jail is authorized for both misdemeanors and felonies, it is not mandatory, except for some felonies. Additionally, the sentence given is not what is actually served because of the Corrections Law good time calculation. In general, for a year or less, the time is reduced by one third, so a year sentence is actually eight months. Likewise for sentences in excess of a year, in general, a prisoner will served tenth months for every year.
In Westchester, the cases start in the local town and City courts of White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Rye, Mount Pleasant, Greenburgh, Elmsford, Irvington, Sleepy Hollow, Tarrytown and Port Chester. Then the Felonies get transferred to the County Court in White Plains.
The criminal defense attorneys affiiliated with the Law Office of Michael H. Joseph PLLC, regularly defend misdemeannors and felonies in the New York City Courts of the Bronx, Manhattan and Queens and the Westchester Courts in White Plains, Irvington, Sleepy Hollow Yonkers, New Rochelle, Mount Vernon, Scarsdale, Rye, Mount Pleasant, Greenburgh, Elmsford, and Port Chester.