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Understanding Class A Misdemeanors in New York
A misdemeanor, according to N.Y. Penal Law § 10.00, is an offense other than a traffic infraction that is punishable by imprisonment of more than 15 days but less than 1 year. Class A misdemeanors are one of three categories of misdemeanor offenses in New York, the others being Class B and unclassified misdemeanors (N.Y. Penal Law § 55.05). Class A misdemeanors are the most serious of the three, ranked just below felonies, and carry the heaviest penalties within the group.
Examples of Class A Misdemeanors in New York
Class A misdemeanors are relatively common offenses that regularly feature in New York Criminal Court Records. Typical examples include assault in the 3rd degree, criminal possession in the 7th degree, assault in the 3rd degree, and resisting arrest. These offenses do not carry felony-level penalties, but hold punishments that can still significantly impact an offender's life.
| Offense | Description | Possible Penalty |
|---|---|---|
| Petit Larceny (N.Y. Penal Law § 155.25) |
Taking property valued at any amount below felony thresholds ($1,000) |
Up to 364 days in jail Up to $1,000 in fines |
| Criminal Possession in the 7th Degree (N.Y. Penal Law § 220.03) |
Possession of small amounts of certain drugs, such as cocaine and heroin |
Up to 364 days in jail Up to $1,000 in fines Possible probation, community service, or supervised treatment |
| Resisting Arrest (N.Y Penal Law § 205.30) | Preventing a police officer from making a lawful arrest |
Up to 364 days in jail Maximum fine of $1,000 |
| Menacing in the 2nd Degree (N.Y. Penal Law § 120.14) | Intentionally placing another in fear of physical injury using threats or a weapon-like object |
Less than a year's jail term Up to $1,000 fine |
| Unlawful Disposition of Assets Subject to Forfeiture (N.Y Penal Law § 215.80) |
Concealing, destroying, or moving property named in a court order or judgment, in knowing contempt of that order |
Up to 364 days in jail Fines up to double the value of the disposed property |
Penalties for a Class A Misdemeanor in New York
Class A misdemeanors carry the heaviest penalties available for misdemeanors in New York. Under N.Y Penal Law § 70.15 and N.Y Penal Law § 80.05, Class A misdemeanor offenders may be sentenced to a maximum imprisonment of 364 days and be ordered to pay up to $1,000 in fines. The fine may exceed $1,000 if the offense involved the unlawful disposition of assets subject to forfeiture (N.Y. Penal Law § 215.80).
Furthermore, the courts may impose one of the following as an alternative or in addition to a jail term and fines:
- Probation
- Conditional discharge
- Protection orders (in cases involving threats, harassment, intimidation, or injury)
- Restitution
- Payment of court surcharges
- Community service and participation in specific programs as conditions for probation or conditional discharge
Probation and Alternative Sentencing Options in New York
A judge may impose an alternative sentence on a misdemeanor offender if it does not compromise public safety or undermine the seriousness of the offense. Common alternatives include probation, community service, conditional discharge, house arrest, restitution, and participation in treatment or educational programs. The specific alternative(s) chosen depend on the circumstances surrounding the offense. For example, under N.Y Penal Law § 65.05, a conditional discharge is deemed an appropriate alternative when the court believes neither the public nor justice will be served by incarceration, and supervised probation is unwarranted.
| Sentencing Option | Conditions |
|---|---|
| Probation |
|
| Conditional discharge |
|
| House Arrest |
|
| Treatment or Educational Programs |
|
Can a Class A Misdemeanor Be Expunged or Sealed in New York?
Yes. New York does not offer expungement for convictions; however, Class A misdemeanors can be sealed under CPL § 160.59. Under the law, individuals can seal up to two Class A misdemeanor convictions in a lifetime, provided they qualify as eligible offenses. An eligible Class A misdemeanor offense in New York is an offense that does not involve:
- Sexual conduct
- Disseminating indecent material to minors
- An attempt to commit an ineligible crime
A Class A misdemeanor can only be sealed after 10 years following the offender's release from incarceration or conviction date (if there was no jail term). This period only counts time spent in the community, and any subsequent incarceration will toll the clock. Additionally, applicants must have no convictions following the one they wish to seal and no pending criminal cases at the time of application.
The table below outlines the conditions for sealing a Class A misdemeanor in New York.
| Condition | Eligible for Sealing? | Waiting Period | Notes |
|---|---|---|---|
| First-time offense | Yes | 10 years after sentence completion | Must have received no new conviction during the waiting period |
| Multiple offenses | Possibly | 10 years after sentence completion | Only two total convictions are allowed |
| Violent offenses | No | N/A | Not eligible under New York law |
| Sexual Offenses | No | N/A | Ineligible under New York law |
Long-Term Consequences of a Class A Misdemeanor Conviction
A conviction for a Class A misdemeanor in New York can create significant long-term challenges beyond the initial legal penalties. These challenges usually affect housing, employment, professional licensing, and firearm ownership. For example, N.Y Penal Law § 400.00 prohibits individuals convicted of serious offenses (e.g, domestic violence crimes) from obtaining a license for a handgun or other specified weapons.
However, New York frowns at blanket discrimination. N.Y. Correct. Law § 752 prohibits employers from unfairly denying employment based solely on a conviction, while N.Y. Exec. Law § 296 provides similar protection for housing opportunities. An employer or licensing agency is only allowed to deny an opportunity if there is a direct relationship between the offense and the job, or employment would pose an unreasonable risk to people or property. Employers and licensing agencies must consider factors such as:
- The specific duties of the job
- The seriousness and the time elapsed from the commission of the offense
- Evidence of rehabilitation
- The possession of a Certificate of Relief from Disabilities or a Certificate of Good Conduct (which creates a presumption of rehabilitation)
N.Y. Correct. Law § 755 allows individuals who believe they were denied employment solely based on their conviction history to sue the employer (if a government agency) through a CPLR Article 78 proceeding. If a private employer is involved, a discrimination complaint can be filed with the New York Division of Human Rights.
What to Do if You’re Charged with a Class A Misdemeanor in New York
An individual is charged with a Class A misdemeanor when the state believes it has evidence that they have committed such an offense under the law. This process begins when the state files a formal complaint in court and serves the suspect with legal papers detailing the charges and court procedures.
An individual who has been charged with a Class A misdemeanor should start by reviewing the charges to understand the allegations. A proper understanding of the charges will help the defendant prepare an effective defense. At this stage, a defendant may consult a criminal defense attorney for legal guidance and also gather all necessary evidence that may be useful in court. Attending all scheduled hearings and complying with all court procedures is also crucial to avoid unnecessary complications.
The New York Courts Criminal Case Basics also provides valuable information about criminal court processes and what defendants should expect.
Statute of Limitations for Class A Misdemeanors in New York
A statute of limitations (SOL) fixes the maximum time period for commencing a criminal action. The New York statute of limitations for all offenses is defined in CPL § 30.10.
Generally, criminal prosecution for a misdemeanor, including Class A misdemeanors, must be initiated within 2 years of the offense being committed. In New York, the clock starts ticking when the offense is committed, not when it is discovered. However, the clock may be tolled if the suspect leaves New York or their whereabouts remain unknown even after diligent searching. In any case, the clock pauses for up to an additional 5 years. Additionally, the SOL can be extended for certain offenses or under certain circumstances.
Class A misdemeanor offense types and their statute of limitations
| Offense Type | Statute of Limitations | Notes |
|---|---|---|
| Standard Class A misdemeanor | 2 years | Most Class A misdemeanors |
| Larceny involving fiduciary duty | 2 years plus 1 year after discovery, or the time it should have been reasonably discovered | The limit is extended when offense is hidden through breach of fiduciary duty |
| Public servant misconduct | 2 years plus a 5-year extension | Ensures accountability for public officials even after their term of service. |
| Tax misdemeanor | 3 years | Covers NY Tax Law offenses |
| Environmental misdemeanor offense | Up to 4 years after discovery or the time it should have been reasonably discovered | Applies to crimes under ECL art. 27 or ECL art. 71 |