Misdemeanors

If you are arrested and charged with a misdemeanor you’ll need the legal representation of an experienced defense attorney to represent you in court.

Simply put, misdemeanors are offenses that are less serious than felonies and generally punishable by a fine or imprisonment in a county or local jail. NYPD statistics show that since 2000 the ratio of misdemeanors to felonies committed in New York City has risen from 2.35:1 to 3.26:1. Even with an overall reduction in crime during that time period.

The Manhattan Law Firm of Emdin & Russell, LLP will look at the facts and merits of your misdemeanor case and present a defense that will lead to a favorable outcome. Often times this results in having all charges dismissed or receiving an Adjournment in Contemplation of Dismissal, (ACD), without a trial. A majority of our cases, if not reduced Dismissed, result in a Violation disposition with a Community service requirement.  The reality is that people make mistakes and with that in mind we will seek an outcome that serves the best interests of all parties involved.

Misdemeanor Classifications

In New York State, misdemeanors care categorized as either Class A misdemeanors (with sentences of not more than one year in jail and fines not more than $1,000), Class B misdemeanors (with sentences of not more than three months in jail and fines not more than $500) or as an unclassified misdemeanor with a punishment and fine unique to the law or ordinance that defines the crime. Some examples of misdemeanors are:

  • Class A – Possession of Gun , without a Permit, in your home or place of business, Assault in the 3rd Degree, Resisting Arrest, Petit larceny,  Second-degree criminal impersonation, unauthorized radio transmission and Third-degree identity theft
  • Class B – Contempt of Court (Violating an Order of Protection), Issuing a bad check, fortune-telling, Prostitution and Unlawful assembly
  • Unclassified/Violations – Aggravated Unlicensed driving, driving while intoxicated and Reckless driving, Disorderly Conduct, Obstructing Governmental Administration and Harassment.

While all crimes should be taken seriously, misdemeanors are mostly non-violent activities that occur because of a lack of forethought by the person committing them, a lack of knowledge of the law or simply a lapse of judgement.  With that in mind, we seek to resolve these matters to the satisfaction of our clients.

Stat Source – http://www.nyc.gov/html/nypd/html/analysis_and_planning/historical_nyc_crime_data.shtml