Misdemeanor Classifications
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Misdemeanors in New York are typically classified into three types. The severity of the punishments in these categories varies according to the gravity of the crimes.
Class A misdemeanors are the most serious of misdemeanors and can result in up to a year in a county jail. Third degree assault, second degree menacing, third degree stalking, sexual misconduct, sexual abuse, second degree unlawful imprisonment, fourth degree criminal mischief, graffiti, third degree bail jumping, third degree forgery, petit larceny, second degree criminal contempt, fourth degree criminal possession of a weapon, seventh degree criminal possession of a controlled substance, and other crimes are charged as Class A Misdemeanors.
Class B misdemeanors are in the middle of the misdemeanor spectrum, with a maximum penalty of six months in a county jail facility. Stalking, criminal mischief, unlawful imprisonment, bail jumping, criminal possession of a controlled substance, forgery, sexual misconduct, menacing, assault, larceny, graffiti, and other offenses are among those charged with Class B Misdemeanors. Class B misdemeanors are often the same crimes as Class A misdemeanors, but in varying degrees of severity.
Unclassified Misdemeanors are the final category of misdemeanors. These misdemeanors have varying jail sentences that vary in length. Unclassified Misdemeanors are any crimes that do not fall under the Penal Law. These include vehicle and traffic law violations, most notably Driving While Intoxicated and Aggravated Unlicensed Operation of a Motor Vehicle.
Criminal Defense Lawyers
Misdemeanors frequently necessitate evaluation, so contacting a criminal defense attorney in the state of New York can be beneficial. He or she can explain the misdemeanor process, the various misdemeanor classes, and the sentences associated with each misdemeanor. He or she can also advise on the best course of action.
Misdemeanor Expungement in New York
Misdemeanors in New York can be expunged under certain conditions. Expungement includes either the destruction or return of a criminal file to the accused. In New York, criminal records can also be sealed, making them unavailable to the public. Instead of being destroyed, a file will be “closed” to public search but will still be accessible to the appropriate authorities. This is done so that any sealed record can later be used in criminal proceedings or when applying for certain licenses and jobs.
Eligibility for Expungement
Only a few people are eligible for misdemeanor DNA record and DNA sample expungement. A person must have been acquitted of all charges, had a conviction reversed or vacated, or been completely absolved of a crime. Expunction is not available to those who have been convicted of a crime. Those who qualify may file a petition with the court. If permission is granted, records and samples will be returned or destroyed.
If no delinquency judgment has been rendered, the juvenile court has the authority to request that all juvenile records be expunged. If a juvenile has been adjudicated delinquent, photographs, fingerprints, and other documents may be expunged in certain circumstances.
