Felony or Misdemeanor? What the Difference Means for Your Charge in New York

If you have been charged with a crime in New York, one of the first questions is whether the charge is a felony or a misdemeanor. The answer affects which court hears your case, how long it can take, and what a conviction could mean for your life.

The basic difference

New York sorts crimes by how serious they are. The category depends on the maximum sentence the law allows.

• Misdemeanors are less serious crimes. A conviction can bring a jail sentence of up to one year, depending on the class of the offense. Petit larceny is one example.

• Felonies are more serious crimes. A conviction can bring a state prison sentence of more than one year. Felonies are grouped from Class A, the most serious, to Class E.

Some offenses are violations rather than crimes at all. Many traffic tickets are violations. Some charges can be either a felony or a misdemeanor, depending on the facts and the specific law. Aggravated DWI is an example of a DWI charge that can be a felony.

How the case moves through court

Felony and misdemeanor cases do not follow the same path.

• A misdemeanor is usually handled in a local criminal court, such as a town, village or city court, and can be resolved there.

• A felony starts in a local criminal court, but it generally must move through a grand jury before it can go to trial. The case then moves to a higher court, usually the county court.

Felony cases often take longer to resolve. The process is different at each stage, so ask your attorney what to expect at yours.

Why the difference matters after the case

A conviction affects your life beyond the sentence. A felony conviction often carries consequences that last longer and reach further. Depending on the charge and the outcome, these can include limits on owning or possessing firearms, effects on employment, housing and professional licenses, and effects on immigration status for non-citizens.

Misdemeanor convictions also appear on your record. They can still affect jobs, licenses and background checks.

New York law allows some convictions to be sealed after certain conditions are met. Not every case qualifies, and the rules have specific requirements.

Questions to ask about your charge

• Is this charge a felony, a misdemeanor, or a violation?

• Which court will hear the case, and when is the next court date?

• What is the maximum sentence for this charge?

• Could the charge be reduced, and what would that change?

• What would a conviction mean for my job, license, housing or immigration status?

Talk with an attorney

Jeffrey V. Scherer is a former assistant district attorney in Chemung and Livingston Counties. His practice covers criminal defense and DWI defense across Western New York.

To talk about your situation, call 716-316-3160.

Prior results do not guarantee a similar outcome. Each case depends on its own facts and the law that applies to it.

Attorney Advertising. This article is general information and not legal advice. It does not create an attorney-client relationship.