List of Misdemeanor Crimes NY

New York law divides crimes into two main categories: felonies and misdemeanors. Misdemeanors are less serious than felonies, but they still carry real consequences — including jail time, fines, and a permanent criminal record. If you are facing charges, The Law Office of James E.

Tyner, PLLC can help you understand what you are up against.

In New York, a misdemeanor can mean up to one year in jail. That is not a minor outcome. A conviction can affect your job, your housing, and your ability to hold certain licenses.

The list of misdemeanor crimes NY courts handle is wide. It includes offenses like petit larceny, simple assault, criminal mischief, trespass, harassment, possession of a controlled substance in smaller amounts, and driving while impaired. Some charges start as misdemeanors but can be raised to felonies based on your record or the facts of the case.

Knowing where your charge falls — and what it could become — matters from the start.

Misdemeanor Classifications Under New York Penal Law

New York law divides misdemeanors into three classes: Class A misdemeanors, Class B misdemeanors, and unclassified misdemeanors. Each carries a different sentence range. Knowing which class applies to your charge tells you what you’re actually facing.

Class A misdemeanors are the most serious. Under New York Penal Law § 70.15, a Class A misdemeanor can carry up to one year in jail. Common examples include:

1. Assault in the third degree (PL § 120.00)
2. Petit larceny over a certain value (PL § 155.25)
3. Criminal possession of a weapon in the fourth degree (PL § 265.01)
4. Aggravated harassment in the second degree (PL)
5. Criminal mischief in the fourth degree (PL § 145.00)

Class B misdemeanors carry up to 90 days in jail. They are less severe but still go on your record. Examples include:

1. Harassment in the first degree (PL § 240.25)
2. Loitering (PL § 240.35)
3. Prostitution (PL)

Unclassified misdemeanors fall outside the standard tiers. Their penalties are set by the specific statute that creates them. Traffic-related offenses are a common example in this group.

Some charges that start as misdemeanors can be raised to felonies if certain facts apply — prior convictions, weapon use, or the identity of the injured person. That is why the class of your charge matters so much at the start of a case.

When Misdemeanor Charges Get More Complicated in New York

Misdemeanor charges in New York are not always straightforward. Several factors can shift the outcome — or even the charge itself.

Prior criminal record matters a great deal. A first offense might stay at the misdemeanor level. But repeat offenses can push a charge into felony territory under New York Penal Law.

Judges also have wider discretion at sentencing when someone has a prior record.

Timing and location can change things too. Certain acts become more serious when they happen near a school, park, or other protected place. A simple assault charge, for example, can take on a different weight depending on where it occurred.

Some misdemeanors in New York carry what are called collateral consequences. These go beyond jail time or fines. A conviction may affect your right to own a firearm, your ability to work in certain fields, or your immigration status if you are not a U.S. citizen.

New York courts consider the relationship between the accused and the alleged injured person when evaluating a misdemeanor. Domestic-context offenses, for instance, may carry mandatory arrest requirements and protective orders that independent street offenses do not. Those added conditions can reshape how a case moves through the system.

Plea negotiations look different depending on whether the charge is a Class A or Class B offense. Prosecutors may offer an adjournment in contemplation of dismissal — known as an ACD — for certain first-time misdemeanor defendants. Understanding whether your charge qualifies for that disposition is part of building an effective defense strategy.

One more point: some charges begin as misdemeanors but can be elevated based on the facts. Aggravated assault in New York, for instance, may start as a lower-level charge before prosecutors seek a more serious count. Understanding where your charge stands — and where it could go — is key.

What Happens After a Misdemeanor Charge in New York

New York misdemeanor cases follow a set path through the court system. Knowing each stage helps you stay ready.

Stage 1: Arrest and Arraignment

After an arrest, you go before a judge for arraignment. This usually happens within 24 hours. The judge reads the charges, and you enter a plea — guilty, not guilty, or no contest.

Bail may be set here. In New York, Class A misdemeanors carry more weight at this stage and often result in higher bail amounts.

Stage 2: Pre-Trial Proceedings

After arraignment, both sides exchange evidence. This is called discovery. In New York, the prosecution must share its evidence early under CPL Article 245.

This stage can take weeks. Your lawyer may file motions — to suppress evidence, dismiss the case, or challenge how the arrest was made.

Stage 3: Plea Negotiations

Many misdemeanor cases in New York resolve through plea deals. The prosecutor may offer a reduced charge. You can accept or go to trial.

This stage varies in length — sometimes days, sometimes months.

Stage 4: Trial

If no deal is reached, your case goes to trial. Class A misdemeanor trials in New York are heard in local criminal courts — such as Albany City Court. You have the right to a jury of six.

Trials often last one to three days.

Stage 5: Sentencing

A guilty verdict or plea leads to sentencing. For a Class A misdemeanor, the maximum sentence under New York Penal Law is one year in jail. Class B misdemeanors carry up to 90 days.

Fines, probation, and community service are also common outcomes.

Timelines vary. Simple cases may resolve in 60 to 90 days. Complex ones can take six months or more.

When to Speak With an Attorney About NY Misdemeanor Charges

A misdemeanor charge in New York can affect your job, your record, and your future. If you or someone you know is facing charges in Albany or elsewhere in New York State, it may help to speak with an attorney early. Contact the firm to get guidance on your case.

Common Questions About NY Misdemeanor Charges

Can a misdemeanor in New York affect my ability to get a job?

Yes — a misdemeanor conviction shows up on background checks in New York. Many employers review criminal records, and a conviction may limit your options depending on the field.

Is it possible to get a misdemeanor charge reduced or dismissed in New York?

In some cases, yes. Outcomes depend on the facts, your record, and how your defense is handled — but charges can sometimes be reduced or resolved without a conviction.

Do I need a lawyer for a Class B misdemeanor in New York?

A Class B misdemeanor still carries up to 90 days in jail and a fine. Having a lawyer review your case early can make a real difference in how it is resolved.

Can a New York misdemeanor ever be expunged or sealed?

New York law allows certain misdemeanor convictions to be sealed under Verify citation: confirm that CPL § 160.59 is the correct and currently operative sealing provision under New York law before publishing after 10 years. Not all offenses qualify, and the process requires a formal petition to the court.

What happens if I miss a court date for a misdemeanor charge in New York?

A judge may issue a bench warrant for your arrest. You could also face additional charges, so it is important to contact an attorney right away if you miss a court date.