Misdemeanors are crimes punishable by a minimum of 15 days and up to one year in jail; one year probation; conditional discharge (where a completion of rehabilitative program may be required), an adjournment in contemplation in dismissal-where the case will be dismissed if the individual is not arrested within a six-month period following the disposition ("ACD") and/or fines. Surcharges usually apply to misdemeanors and violations, as well as of driving privileges suspension. Plea bargains are allowed for most misdemeanors; however, there are limits to certain misdemeanors. Nonetheless, most misdemeanors are resolved by plea bargain. Misdemeanors are typically heard in local or Criminal Court. Misdemeanors include, but are not limited to, harassment, assault, larceny/theft, forgery, drug/marijuana possession, weapons possession, trespass and some traffic offenses. Classification of misdemeanors are determined by statute, "A", which are the most serious and "B" misdemeanors.

Violations, on the other hand, are not crimes but offenses that are punishable by up to 15 days in jail, completion of rehabilitative program and/or fines.

Stages of Misdemeanor Criminal Case:

Arrest - The arrest may occur as a result of a complaint by another, a law enforcement officer's observation of a crime or an investigation conducted by law enforcement (typically only conducted in felony cases). Although "probable cause" is necessary to effectuate an arrest, police officers have discretion to make an arrest. Sometimes arrests occur at the scene of the alleged crime, at one's home, job, etc. or by an individual "surrendering" to the police. WE WILL ACCOMPANY YOU IF YOU PREFER A SURRENDER, to ensure that the process goes as smoothly as possible. It is inadvisable to go to the police station without an attorney just because an officer says all he wants to do is talk or asks questions. More often than not, these so called "talks" end up by you being arrested. At any point in the criminal case, you may request that an attorney be present, at that point the police MUST allow you to have one.

Pre-arraignment - After an arrest is made and the individual is taken to the local police station, several tactics may be used by the police officer in an effort to substantiate the arrest. The individual may be put in a lineup, interrogated about the crime and/or knowledge about other crimes or accomplices, or asked to give a statement. This stage is the most critical and should never be endured without an attorney present. Although the police have discretion to arrest, that arrest can be dismissed for illegalities if, for instance, it violated any of that individual's constitutional rights. Ensuring that the individual's constitutional rights are upheld, is one of the primary objectives of defense counsel at this stage, which is why having an attorney at this point is recommended. WE WILL APPEAR either by telephone or at the police station, at this most critical point, in an effort to protect your rights and to minimize the possibility of a wrongful conviction. If we are unable to appear at the police station, we telephone the arresting officer and direct that he (or any other officer) not question you. Once the police receive this information, they are not permitted to question you any further, not even if you tell them it is permissible. WE ALMOST ALWAYS RECOMMEND AGAINST GIVING ANY STATEMENTS.

Arraignment - Once the individual is booked and fingerprinted they will transported to the local court to see a Judge. The purpose is to address what, if any bail should be set; to enter a plea of "not guilty" (and sometimes "guilty" if there is a disposition) and to have the formal charges read. The prosecutor will attempt to have the highest bail (or "remand" which is where there is no bail set) based on their own account of the facts and circumstances of the arrest. There are several factors the Judge will take into account when making a determination about bail, i.e. past criminal history, community ties, the charges, etc. Although release on one's own recognizance ("ROR") is frequently granted in misdemeanor cases, misdemeanor bail is set sometimes. WE WILL CONDUCT OUR OWN INVESTIGATION at this stage, in an effort to have no bail, which is "release on own recognizance", by speaking with family, friends and witnesses to confirm your version of the incident. In addition, WE WILL REVIEW THE COMPLAINT to find technicalities that would justify a dismissal or reduction of charges.

Plea Bargain Discussion - Most criminal cases are resolved by plea bargains. Some cases are disposed of by a plea at the arraignment stage. Plea bargains can occur at any stage of a criminal case. The prosecutor usually makes an "offer" based on several factors, such as the individual's background (including criminal history); the strengths and weaknesses of the case; the type of crime charged; the probability of valid legal defenses; the social and political climate; and at times even the background of the alleged victim. WE MAKE EVERY EFFORT TO FACILITATE A FAVORABLE PLEA BARGAIN. We understand that pleas may affect your employment, your social status and more importantly your family, so we only negotiate pleas that are in your best interest.

Discovery & Motions - If there is no resolution, by plea or otherwise, the prosecutor must turn over its evidence and defense counsel must file motions. Motions are formal, written requests made to the Judge for specific relief. The relief can be for more evidence, hearings to determine if any constitutional rights have been violated (which sometimes warrants dismissal of the case) and/or dismissals of charges based on other illegalities (i.e. insufficiency of the Grand Jury procedure). The prosecutor will respond to the motions and the Judge renders his/her decision. WE FILE MOTIONS PROMPTLY & EFFICIENTLY, persistently demanding that all evidence be turned over while also being sure to include the most recent case law to support our position.

Pre-trial Hearings - If there are questions as to whether or not an individual's constitutional rights were violated, then hearings will be granted. The most common hearings are: the "Mapp" hearing-to determines whether the means by which the police obtained physical evidence was legal. The "Wade" hearing-to determines the fairness of an identification made. The "Huntley" hearing-to determines whether statements made by the individual were not given in illegal circumstances. The hearings have a limited purpose of establishing the legality or constitutionality of procedures surrounding the arrest. The prosecutor will present the arresting and/or the investigating police officer(s) as a witness to testify about the circumstances surrounding the arrest. Since the purpose is limited, rarely does the individual charged testify at the hearing. There are some advantages of the hearing, one is that it allows the defense attorney to question the officer and therefore "locks in" the officer's version of the arrest. Another major advantage is that the testimony usually elicits additional information that may be used to strengthen the defense's case. WE EMPLOY EVERY TACTIC to get evidence "suppressed" or not admitted based on its illegality. Although evidence is rarely suppressed we proceed with the hearing as if any time may be the first time it will be suppressed.

Trial - If the case reached this stage that usually means that plea bargains have failed. This phase of the case is the most stressful and the most time consuming. Before the trial some procedural things must take place. The attorneys typically try to get the judge to either limit or permit certain evidence to be used. The Sandoval hearing occurs, which is a hearing held to determine if and to what extent, the prosecutor may ask the defendant about his criminal history. Once the preliminary issues are addressed, a group of potential jurors are brought into the courtroom for the attorneys to select the ones that will hear the particular case. The judge usually does a preliminary questioning, and then the prosecutor asks questions, followed by the defense attorney. Each attorney gets to exercise "challenges", peremptory challenges (referred to as "no reason") the number permitted depend on the crime and "for cause" challenges are unlimited in number allowed. However, for cause challenges must be ruled on by the judge. Once a jury is selected, a group of 12 and 2-4 alternates, the prosecutor gives their opening statement, then the defense gives theirs. The prosecutor presents its case, which usually consists of police officers, experts, and victim(s). The defense cross examines witnesses, with the primary objective being to "impeach" the witnesses' credibility. The defense then presents their case, although they don't have to since the burden of proof is on the prosecution. The defense case usually consists reputation and/or alibi witnesses, its own experts and sometimes the accused him or herself. The prosecutor too, can cross examine defense witnesses. Once both sides have "rested" or completed their case, they each do closing statements, this time the defense goes first. Then the jury is "charged" or read the general principles of law (i.e. the proof beyond a reasonable doubt standard) and the specific law relating the charges. The jury then deliberates. At this point, the jurors are in a separate room to discuss the case and whether they believe a verdict of "not guilty" or "guilty" should be rendered. The jurors must unanimously agree on either, and if they are not able to by a set time, a "hung" jury finding may be rendered by the court. A hung jury does not mean the defendant is "acquitted" it just means that the jurors could not agree and the prosecutor is free to re-try the case.

Types of Misdemeanor Crimes:

Disorderly Conduct/Harassment - Disorderly conduct is when one, with intent to cause public inconvenience, annoyance or alarm; recklessly creates a risk by engaging in fighting; makes unreasonable noise; or uses abusive or obscene language in a public place. Disorderly conduct is a violation, not a crime.

Harassment - is when one shoves, kicks or pushes another; threatens to do any of these or follows another in a public place. Harassment in the second degree is a violation, not a crime.

Harassment in the first degree is a "B" misdemeanor. Aggravated harassment is when one sends threats by mail or telephone; causes threats to be sent by either means or shoves, kicks or pushes another because of their race, creed, religion, etc. Aggravated harassment is an "A" misdemeanor.

Assault - is when one intentionally causes or threatens to cause physical injury to someone else. Misdemeanor assault is when the injuries are the least serious. In New York, assault in the third degree is an "A" misdemeanor. See Felony Assault

Larceny/Theft - Larceny is when one intentionally deprives another of property or appropriates property to himself or to a third person, by wrongfully taking, obtaining or withholding such property from an owner. Acquiring property by false pretenses, embezzlement, trespass or acquiring lost property may be considered larceny. Larceny is an "A" misdemeanor. See Felony Larceny (Grand)

Theft is when one unlawful uses a motor vehicle; commits auto stripping or theft of services or possesses stolen property. Unauthorized use of a motor vehicle (with no prior convictions for the same crime in past 5 years), auto stripping (with no prior convictions for the same crime in past 5 years), theft of services and possession of stolen property are "A" misdemeanors. All other forms of larceny is "B" misdemeanor.

Forgery - is when one, with intent to defraud, deceive or injure another, falsely makes, completes or alters a written instrument. Forgery in the third degree is an "A" misdemeanor. Possession of a forged instrument or knowingly possessing the forged item, with the intent to defraud, is also an "A" misdemeanor. See Felony Forgery

Drug/ Marijuana Possession - Drug possession is when one knowingly and unlawfully possesses a controlled substance. Criminal possession of a controlled substance of not more than one-eighth of an ounce is drug possession in the seventh degree, which is an "A" misdemeanor.

Marijuana possession is one knowingly and unlawfully possesses up to two ounces or sells up to two grams. Marijuana possession is a "B" misdemeanor. Possession of between two and eight ounces or sale of more than two grams is an "A" misdemeanor. Marijuana possession of less than two ounces is not a crime but a violation. See Felony Drug Possession

Weapons Possession - is when one possesses a firearm, electronic dart gun, electronic stungun, gravity knife, switchblade knife, etc. Possession of these dangerous weapons is considered an "A" misdemeanor. Possession of a loaded firearm in a home or place of business is an "A" misdemeanor (if there are no prior weapons possession convictions). See Felony Weapons Possession

Driving While Intoxicated ("DWI") - is when one operates a motor vehicle after consuming alcohol or using drugs, it is considered "per se" intoxication when the individual's blood alcohol level reaches .08 percent or above.  Aggravated driving while intoxicated occurs when the blood alcohol level reaches .18 or above. Aggravated DWI is an unclassified misdemeanor.

Driving while Impaired is when one operates a motor vehicle after consuming alcohol or using drugs, the blood alcohol does not have to reach .08. Driving while impaired is not a crime but a violation. The degree of seriousness of any of these offenses depends on the level of alcohol, the age of the individual and whether there are prior convictions for DWI.

Trespass - is when one knowingly enters or remains unlawfully in or upon premises or real property. Entry in a dwelling is an "A" misdemeanor, entry in or on all other types of property is a "B" misdemeanor. Simple trespass is not a crime but a violation.

Traffic Violations are the non-criminal traffic offenses. Traffic infractions will not result in imprisonment but will result in sanctions being imposed." Fines, DMV and insurance surcharges, suspension of driving privileges and points (according to the Point System) on driver's license are also routinely imposed. Traffic infractions are addressed by the local city, town, or village criminal courts in most of New York State, but in New York City (as well as some other cities in New York), traffic infractions are heard at the Department of Motor Vehicles' Traffic Violations Bureau (TVB). The type of sanctions imposed and reductions offered is mandated by the statute, the Vehicle and Traffic Law ("VTL"). Although most traffic infractions may be handled without an attorney, some offenses should be defended by an experienced attorney. Traffic infractions include drinking and driving; driving without a license or with a suspended license; driving without insurance or with insufficient insurance; driving without registration or expired registration; illegal u-turn; leaving the scene of an accident; reckless driving; running a red light or stop sign; driving without a seatbelt or child restraint or speeding.

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