Criminal Law
An individual can find themselves in the criminal justice system for a number of reasons. Most citizens are not educated nor do they fully understand the difference between a violation, misdemeanor, felony, and the consequences associated with each. For this reason, hiring an attorney to represent you in the criminal justice system is a worthwhile investment.
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If you are facing criminal charges in New York, it is important to understand the charge and potential consequences. Why, you may ask? Because even a violation, which is considered the least serious charge, can carry with it jail time. However, if you are found guilty of a violation and it is your first offense, you will most likely receive fines or community service.
Whether you have been slapped with a minor violation or a serious felony charge, enlisting the guidance of an attorney who has a proven track record of success representing individuals who have faced similar charges is crucial.
Common violations include harassment, trespassing, making unreasonable noise, loitering, making obscene or abusive language in public. It is important to understand that a violation is not considered a crime. In fact, if a person is arrested and taken into custody for one of the aforementioned offenses, the conviction will not result in a criminal record. When individuals facing a violation charge hear that a conviction will not result in a criminal record, they wonder if enlisting the help of an attorney is worth it. Legal counsel is strongly encouraged, as attorneys can use their experience to either dismiss or reduce the severity of the sentence if convicted.
Misdemeanors and felonies are more serious than violations in that they do establish a criminal record. Your misdemeanor charge falls into one of 3 categories: Class A (the most serious misdemeanors), Class B, or Unclassified depending on the severity of your crime. Petit larceny, third-degree assault, forcibly touching someone sexually, and writing graffiti are examples of Class A misdemeanors in the state of New York and can carry with it jailtime and probation if found guilty. Class B misdemeanors are considered slightly less serious and include fourth-degree stalking, repeated harassment, public lewdness, and setting off fireworks without a permit are all included. An unclassified misdemeanor is an offense not defined in the Penal law and include offenses such as driving with a suspended license, reckless driving, and operating a vehicle while intoxicated. Regardless of the type of misdemeanor charge you face, hiring an attorney to protect you is pivotal to your success.
It comes as no surprise to most of us that felonies are the most serious charges including murder, rape, arson, sale of illegal drugs, kidnapping, and grand theft. Felony convictions will impact every aspect of your life, from your ability to gain employment to threatening your very freedom with incarceration. There are five class of felonies, with Class D felony convictions carrying less than 10 years but more than 5 years of imprisonment to a Class A that carries with it life imprisonment.
