Huntington Station Misdemeanor Crimes Lawyer

Misdemeanor

Charged With a Misdemeanor in Huntington Station? Contact Our New York Criminal Defense Attorney Today for a Confidential Consultation

New York recognizes three categories of misdemeanors: Class A, Class B, and unclassified. Misdemeanors are relatively less serious offenses than felonies, but defendants can still face stiff penalties. In fact, a misdemeanor can completely derail someone’s life, making it much harder to obtain a job or an apartment.

Please contact Karpf Criminal Law today to speak with a Huntington Station misdemeanor crimes attorney. We have the skills needed to hold the state to its burden of proof. We have obtained many plea deals and favorable court judgments. Call to schedule a time to meet. Your initial consultation with our Huntington Stations misdemeanor defense lawyer is fully confidential.

UNDERSTANDING THE CLASSIFICATION: MISDEMEANOR OFFENSE

In New York State, a misdemeanor is a criminal offense less severe than a felony but more serious than a violation. Misdemeanors are categorized into three classes: Class A, Class B, and unclassified misdemeanors. Although certainly less serious than a felony charge, it is important to emphasize that misdemeanor offenses are serious criminal charges. They can carry jail time. A misdemeanor criminal charge is a big deal to your criminal record. You need to seek legal representation from a lawyer if arrested for a New York misdemeanor to make sure you have a fair trial with proper legal assistance.

AN OVERVIEW OF CLASS A MISDEMEANORS IN NEW YORK

A Class A misdemeanor should not be taken lightly. This is the most serious category of misdemeanor offense. A conviction for a Class A misdemeanor offense can carry major criminal penalties, including a jail sentence in the legal system. The category of offense includes crimes such as:

• Forcible Touching: Forcible touching involves intentionally and forcibly touching the intimate parts of another person without their consent—typically for sexual gratification or to degrade or abuse. In New York, it is classified as a Class A misdemeanor offense. 
• Sexual Misconduct: Sexual misconduct is another potential Class A misdemeanor. It occurs when a person engages in sexual intercourse, oral sexual conduct, or anal sexual conduct with another person without his or her consent.  
• Petit Larceny: Petit larceny is the unlawful taking of property valued at $1,000 or less with the intent to deprive the owner of it permanently. It is classified as a Class A misdemeanor offense in New York State and can carry up to 364 days in jail. 
• Resisting Arrest: Resisting arrest is another type of Class A misdemeanor criminal offense. In New York, resisting arrest happens when someone intentionally prevents or attempts to prevent a law enforcement officer from making a lawful arrest. 
• Assault in the Third Degree: Assault is a Class A misdemeanor in New York State if it is classified as a third-degree crime. Assault in the third degree requires the prosecution to prove that the defendant intentionally or recklessly caused physical injury to another person, or caused injury through criminal negligence with a weapon. 

Broadly speaking, crimes that can carry more than one year in state prison for a conviction are felonies in New York. If convicted of a Class A misdemeanor, you can face a maximum of 364 days in jail (NY Penal Code § 70.15). Of course, there can be other very serious penalties as well.

AN OVERVIEW OF CLASS B MISDEMEANORS IN NEW YORK

Less serious than Class A misdemeanors, a Class B offense can still land you in jail for up to three months. You might also receive a fine and probation, among other penalties. We strongly recommend taking any Class B misdemeanor offense seriously. Some Class B misdemeanors include:

• Criminal Mischief in the Fourth Degree: Criminal mischief in the fourth degree occurs when a person intentionally damages another’s property without the owner’s consent. Notably, it can be charged regardless of the value of the damage. As with other Class B misdemeanors in New York, it is punishable by up to 90 days in jail, fines, and probation.
• Criminal Possession of Marijuana in the Fifth Degree: Criminal possession of marijuana in the fifth degree applies when a person unlawfully possesses more than a specified amount of marijuana with intent to sell, or openly possesses it in public. In New York, this charge is a Class B misdemeanor. Some unique issues can arise in marijuana cases. It is imperative that you have a reliable defense lawyer. 
• Stalking in the Fourth Degree: Stalking in the fourth degree involves intentionally engaging in conduct that causes reasonable fear of harm, alarm, or emotional distress to another person. Some of the most common examples include repeated following or consistent unwanted contact. 
• Public Lewdness: Public lewdness occurs when a person intentionally exposes their intimate parts or engages in lewd acts in a public place with the intent to be observed by others. If you or your loved one was arrested for public lewdness, our Huntington Station criminal defense attorney is here as a resource. 

AN OVERVIEW OF UNCLASSIFIED MISDEMEANORS IN NEW YORK STATE WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

Some misdemeanor offenses are not classified. Nonetheless, you could receive up to a year behind bars, as well as other penalties including fines and probation. Do not assume the “unclassified” nature of the offense means it isn’t serious. You need to quickly deal with any allegation. Unclassified misdemeanors involve traffic and vehicle laws, such as DWI and reckless driving. The maximum penalty for unclassified misdemeanors in New York State varies based on the specific statute that defines the offense. However, in most cases, the maximum penalty does not exceed one year in jail. In other words, some unclassified misdemeanors are more serious criminal charges than are Class B misdemeanors. 

How to Fight Back Against Misdemeanor Charges With a Criminal Defense Lawyer

No one should underestimate the consequences of a misdemeanor conviction. We have seen many people put too much faith in the justice system to treat them fairly. They imagine the prosecutor will see they have no criminal history and voluntarily drop the charges. That rarely happens. Instead, you need a Huntington Station criminal defense attorney who knows how to mount a serious defense. We fight these cases in different ways:

• Analyze whether the police violated your constitutional rights when they stopped and/or searched you;
• Ask a judge to toss any evidence collected in violation of your rights or evidence which is too unreliable;
• Show how you were not the one who committed the offense;
• Argue that reasonable doubt exists and that you cannot be convicted of the offense;
• Challenge whether you had the required mental state when a crime was committed.
• We can sometimes ask a judge to toss the charges out of court. In other cases, we might reach an agreement with the state for a favorable plea deal.

There is also the option to go to trial. That is not always the best option, but our firm is prepared to do anything we can to obtain justice for you. We will proactively review your case and help you determine the best course of action for your specific situation. That may include fighting to prevent charges from getting filed, working to get the case dismissed, negotiating, a plea agreement that keeps you out of jail, or getting ready to aggressively defend your rights at trial. 

MISDEMEANOR CHARGES IN NEW YORK: FREQUENTLY ASKED QUESTIONS (FAQs)

ARE MISDEMEANORS SERIOUS?

Yes! Legal penalties include up to a year in jail, as well as a $1,000 fine. You might also be assigned to community service and probation. Although these penalties are less severe than what you’d get for a felony conviction, they can still disrupt your life.

There are also non-legal repercussions. For example, someone with a professional license might have it suspended because of a misdemeanor conviction. You will also have a criminal history which someone can find when you apply for a job, apartment, or college.

It’s best to fight any criminal charge, even a misdemeanor. The state’s evidence against you could be very weak and crumble with a little poking and prodding. Call Karpf Criminal Law so we can review the charges against you.

Can I Get a Misdemeanor Charge Dismissed?

Maybe. It is possible to get a misdemeanor charge dismissed, but it depends on the specifics of your case. The most common reasons why misdemeanors are dismissed in New York State include insufficient evidence, a violation of your rights (such as an unlawful arrest or search), procedural errors by law enforcement, or an agreement reached between your lawyer and the prosecution. 

Could I Face Jail Time for a Misdemeanor in New York?

Yes. Misdemeanors can absolutely carry jail time in New York State. Class A misdemeanors carry a maximum penalty of up to 364 days in jail. Class B misdemeanors may result in up to 90 days in jail. Of course, the actual sentence will always depend on the specifics of the case. 

Should I Plead Guilty in a Misdemeanor Case?

It depends. In some cases, a plea agreement is the best option for avoiding serious criminal penalties—it could even keep you out of jail. Whether you should plead guilty is always very highly case-specific. A plea deal should be negotiated and reviewed by a defense attorney.  

WHY TRUST OUR HUNTINGTON STATION MISDEMEANOR DEFENSE LAWYER

One mistake defendants make is treating these offenses too lightly. Your best bet is to “lawyer up” as quickly as possible. Our law firm can provide strategic advice to anyone under arrest for a Huntington Station misdemeanor. Indeed, our founder and principal attorney Andrew Karpf is a passionate, experienced advocate for defendants. When you contact us, you will have a chance to connect with a Huntington Station misdemeanor defense lawyer who can: 

• Answer your questions and review possible sentence based on your criminal history;
• Identify weaknesses in the case against you;
• Find evidence that shows you are innocent, including alibi witnesses;
• Aggressively advocate for your interests in court and in out-of-court conferences with the prosecution;
• Negotiate a plea deal, where appropriate.

Our firm has handled all types of misdemeanors and we know which defense strategies work. You do not have to take on police or prosecutors alone after being arrested and charged with a misdemeanor. No matter the specific circumstances of the case, our Huntington Stations misdemeanor defense lawyer will invest the time, resources, and attention to detail to help you get the best possible outcome. 

Hire the Best Huntington Station Misdemeanor Crimes Lawyer Today

Misdemeanor convictions can throw a wrench in anyone’s plans. Take control of the situation. Call Karpf Criminal Law today at (631)424-6444 or contact us online for your confidential consultation. Our legal team is ready to jump in and defend you from the moment we are hired. We defend misdemeanor charges in Huntington Station, Suffolk County, and communities beyond.