New York Class B Misdemeanors

New York State classifies criminal offenses, or crimes, as either felonies or misdemeanors (Penal Law (PL) § 55.10). A misdemeanor represents the lowest level of crime under the state's Penal Law. Unlike felonies, the most severe offenses, misdemeanors do not carry a potential state prison sentence. Nevertheless, these crimes are still subject to punishment under state law.

New York divides misdemeanors into "Class A", "Class B", or "Unclassified", based on the degree of severity. Class B misdemeanors are the least serious of these crimes, although a conviction may result in short-term imprisonment in a local jail, fines, or court-imposed conditions, such as probation. Information regarding legal proceedings for Class B and other misdemeanor charges in New York is available within the New York Criminal Court Records.

Common Examples of Class B Misdemeanors in New York

From crimes that affect public order to minor criminal conduct that causes no grave injury, death, or major property damage and other lesser offenses, there are diverse acts that the New York State Penal Law deems Class B misdemeanors. Classification generally depends on statutory definitions, the offender's criminal history, and the presence/absence of aggravating factors.

Consequently, while an offense may initially be designated as a Class B misdemeanor, elements such as repeat incidents or the involvement of a vulnerable victim may elevate the charge to a more serious tier, such as a Class A misdemeanor, an unclassified misdemeanor (in some cases), or even a felony, to appropriately reflect the severity of the conduct.

Here are some offenses typically categorized as Class B misdemeanors in New York State:

• Third-Degree Criminal Trespass (PL § 140.10)
• First-Degree Harassment (PL § 240.25)
• Prostitution (PL § 230.00)
• Third-Degree Menacing (PL § 120.15)
• Possession of Graffiti Instruments (PL § 145.65)

Statute of Limitations for Class B Misdemeanors in New York

A statute of limitations (SOL) sets a legal restriction on the duration the state, through prosecuting attorneys, has to file criminal charges against an alleged suspect. This statutory ceiling is crucial for multiple reasons, including safeguarding would-be defendants' rights, securing the integrity of evidence, and ensuring timely prosecution while witness recollections remain reliable.

For misdemeanor offenses in New York, including Class B offenses, the general statute of limitations is two years from the date the offense was committed. However, there are specific exclusions:

• Some offenses have a longer period of limitation. In particular, any misdemeanor outlined in the tax law or Chapter 46 of the New York City Administrative Code is prosecutable for up to three years from the offense date.
• The SOL excludes the periods when the defendant was continuously out of state, or when their whereabouts were continuously unknown and could not be determined through reasonable diligence. However, state law prevents the period of limitation from being extended by more than five years beyond the original term.

Legal Penalties for Class B Misdemeanors

An offense is categorized as a misdemeanor in New York if the potential term of incarceration ranges from more than 15 days up to a maximum of one year. Under PL § 70.15, a Class B misdemeanor, in particular, is punishable by up to 3 months in jail.

However, there are other penalties besides jail time that the court may impose on a criminal defendant, such as fines, probation, unconditional discharge, restitution, or conditional discharge. The New York Judiciary's Sentences page explains some of the more common sentences for a person convicted of a crime in New York.

Nevertheless, no two criminal cases may have the same sentence. The exact penalty is determined by multiple factors, including the judge's discretion and the offender's background or character.

Additionally, the convicted party may face collateral consequences or "invisible punishments" that extend beyond the immediate legal penalties, which could result in the individual losing or being barred from employment, housing, or other opportunities.

Court Process for Class B Misdemeanors

In New York, the fundamental court process for a Class B misdemeanor mirrors that of any other crime prosecuted within the state. However, the exact sequence of events varies, as not all cases follow every procedure. The standard steps include

• Arraignment: This occurs after the defendant is arrested (via a custodial arrest or Desk Appearance Ticket (DAT) per PL § 150.20) or when they appear in court on a specified date following a summons or citation. At the hearing, the defendant will be informed of the charges and required to plead guilty or not guilty.
  If the defendant accepts guilt (i.e., enters a guilty plea), the case proceeds directly to sentencing. However, if they plead not guilty, the matter moves to pretrial, and if necessary, a trial to determine their guilt or non-guilt. The arraignment is also where the defendant will be assigned counsel if they cannot afford one.
• Pre-Trial: This phase happens before a formal trial. It may include these processes:
  • Bail: The defendant may be held in custody until their case is resolved or released on bail. Bail requires the defendant to post a sum of money or another security to guarantee their appearance in court. Releasing a defendant on bail also imposes certain conditions, such as an order to remain within the jurisdiction or an order of protection.
  • Discovery: Both sides exchange information needed to prepare for trial, which includes physical evidence and copies of statements.
  • Motions: Either party may file pre-trial motions to request a particular action from the court, such as a motion to reduce the number of charges or a motion to dismiss the case in the interests of justice.
  • Hearings: Several hearings may be held on pre-trial motions to decide specific issues or facts.
• Trial: If the case proceeds to a formal trial, the trial may be held by a jury or a judge. Defendants charged outside New York City have the statutory right to a jury trial for all Class B misdemeanors. However, in New York City, defendants do not have this right; such cases are tried before a judge only (CPL § 340.40).
  At the trial, the prosecutor has the burden of demonstrating the defendant's guilt beyond a reasonable doubt—the standard applied in all criminal cases.
  Notably, at any point after arraignment and up until the final verdict in a trial, the parties can enter a plea bargain that resolves the case.
• Sentencing: If the trial ends with a conviction or the defendant pleads guilty, the court determines the appropriate sentence.

Misdemeanor cases in New York are heard in local criminal courts: the New York City Criminal Court (within NYC) or the City Courts or Town/Village Courts (outside NYC).

How Class B Misdemeanors Affect Your Criminal Record

Like any other crime, a Class B misdemeanor in New York State carries significant, often long-term, consequences that can negatively impact a person's life. While many repercussions stem from a conviction, an arrest alone can also be problematic.

Criminal convictions appear on a person's criminal record and, if not sealed or expunged, may be uncovered during background checks. This visibility may obstruct the individual's access in areas such as employment, housing, licensing, financing, education, and other official or legal purposes. Moreover, the offense may have other collateral consequences regarding adoption, child custody, and eligibility for public office.

The impact of a Class B misdemeanor varies depending on the offense's severity, its discoverability (who can see the criminal record), and the relevant state laws.

Differences Between Class B Misdemeanors and Other Offenses

PL § 55.10 outlines different offenses for which a person may be sentenced to a fine, jail/prison term, or other penalty in New York. There are broadly two offense types: criminal offenses and non-criminal offenses (also known as petty offenses).

Criminal offenses are categorized as felonies or misdemeanors, whereas non-criminal offenses are classified as traffic infractions or violations. Class B misdemeanors are the least severe category of misdemeanor offenses, distinct from Class A misdemeanors, which may result in up to 364 days in jail, and unclassified misdemeanors, which may result in three years of probation or up to a year in jail.

Class B misdemeanors are also less severe than felonies—the highest-level criminal offenses in New York, ranked in order of severity from least to most severe: Class E, D, C, B, A-11, and A-1. Examples are arson, rape, and murder. For a felony crime, judges can impose incarceration for at least a year and up to life imprisonment in state prison.

However, Class B misdemeanors are more serious than traffic infractions or violations:

• Traffic Infractions: These are violations of the Vehicle and Traffic (VAT) laws, and their punishments are not considered criminal. Common examples include speeding, illegal parking, failing to signal, and using a mobile device while driving.

  However, certain traffic-related offenses, like reckless driving (VAT § 1212) and Driving While Intoxicated (DWI) (VAT § 1192), can be misdemeanors (such as a Class B) or felonies.

• Violations: Any non-criminal offense besides a traffic infraction, such as disorderly conduct, harassment in the second degree, and loitering. The punishment for such offenses does not exceed 15 days in jail or a $250 fine.

How to Check for Class B Misdemeanors in Court Records

To look up Class B misdemeanor cases in New York, an interested individual may request court records from the clerk's office of the presiding court (where the matter was initiated). Clerks' offices serve as the official custodians of criminal court records, providing public access under New York Judiciary Law § 255. These offices utilize various channels to furnish access; as such, it is recommended to contact the specific clerk of court for accurate information.

Case access is also available digitally as follows:

• The New York Judiciary's eCourts portals, specifically the WebCriminal service.
• Accessing documents filed electronically in NYSCEF (the New York State Courts Electronic Filing system) as a guest user.
• A Criminal History Record Search (CHRS) through the court system. This service disseminates public information about criminal cases, including both open and pending cases, as well as convictions, by matching specific keywords submitted by the requester. Each CHRS report costs $95.

The search terms used to locate a court record in New York typically include a defendant's name or case number. It should be noted, however, that while simply inspecting (viewing) a record is generally free, requests for the reproduction, certification, or exemplification of a record typically incur nominal charges. Fees vary by court, the volume of the search, and (sometimes) the specific documents requested.

Can a Class B Misdemeanor Be Expunged or Sealed in New York?

Yes. The State of New York offers "sealing", a form of criminal record relief available to eligible offenders. Excluding certain marijuana offenses, the state legislature does not permit the expungement or erasure of criminal records.

Sealing conceals records of New York arrests and convictions from the general public, including police, prosecutorial, Division of Criminal Justice, and sometimes, court records. Essentially, the record will still exist, but it will be made inaccessible to the public, allowing the subject to access opportunities that may have been lost, denied, or withdrawn due to the offense.

In New York, criminal records can be sealed in one of two ways: automatically or through a court petition process. Individuals charged with a Class B misdemeanor may qualify for automatic sealing in these circumstances:

• Dismissal or acquittal (also called a "good result"), or a non-criminal outcome (such as a plea to a violation or traffic infraction).
• Crimes committed by youthful offenders or children.

For Class B misdemeanor convictions, New York State law permits petition-based sealing where

• The individual has no more than two misdemeanors on their record or no more than one felony and one misdemeanor conviction, has been crime-free for 10 years (CPL § 160.59), and has no pending new convictions or pending cases. Certain offenses are excluded, including violent and sex crimes.

Conditional sealing (CPL § 160.58) is available for certain drug-related crimes. However, under current New York law, most drug offenses are Class A misdemeanors or felonies.

Notably, New York State’s Clean Slate Act, which took effect on November 16, 2024, provides for the automatic sealing of certain eligible convictions after specified waiting periods. For misdemeanors, this timeline is three years from the defendant's sentencing or release from incarceration, whichever is later.