Misdemeanor Defense in New York

A misdemeanor is not a "minor" charge. A Class A misdemeanor carries up to a year in jail; a Class B misdemeanor up to three months. Both produce a permanent criminal record, can disqualify you from professional licenses, immigration relief, public-housing eligibility, security clearances, and many private jobs. Treat every misdemeanor as the serious case it is.

Common Misdemeanors We Handle

• Petit larceny (PL § 155.25) and shoplifting
• Assault in the third degree (PL § 120.00) and harassment
• Criminal possession of a controlled substance in the seventh degree (PL § 220.03)
• DWI under VTL § 1192(2) and (3)
• Aggravated unlicensed operation in the third degree (VTL § 511(1))
• Criminal mischief in the fourth degree (PL § 145.00)
• Criminal trespass and resisting arrest
• Reckless endangerment in the second degree
• Endangering the welfare of a child (PL § 260.10)

Resolutions That Avoid a Conviction

• Dismissal. Through motion practice under CPL 30.30 (speedy-trial), 170.30 (facial sufficiency), or suppression motions.
• Adjournment in contemplation of dismissal (ACD). CPL § 170.55 — the case is held open for six months, then dismissed and sealed.
• Disorderly conduct or other violation. PL § 240.20 is a non-criminal violation that does not produce a permanent record.
• Conditional discharge. Often combined with community service or a program.

Sealing the Record

Under CPL § 160.59, eligible misdemeanor convictions can be sealed after ten years from sentence. We evaluate sealing eligibility at the close of every case.

If you have been charged with a misdemeanor in New York, call us at 212-233-1233 or email [email protected].