[Todays post is by my friend Adam Rosenblum of New York. He tells us a little bit about New York law.]

Being Charged With A Crime In New York

Having the police charge you with a crime, read you your rights and handcuff you can put a life changing experience. The criminal justice system is quite complex and has many rules and guidelines that the average person does not know. If you happen to be visiting the State of New York and have been charged with a crime you should understand that you do not have to go through the process alone.
In New York State anyone who has been charged with a crime has an absolute right to defend themselves. If you have been charged with a crime you should contact a criminal defense attorney to help defend you and better understand your rights. Crimes in New York State are categorized in three separate classifications based on the seriousness of the crime and the penalty or sentencing guidelines involved. Below is some information to help you understand a little more about New York criminal law and how crimes are structured under New York Penal Law Section 10.00.

What Is A Felony?

The most serious crimes are considered felonies and anyone convicted of a felony crime is known as a felon. Under federal law felonies can be punishable at a minimum of one year or more (life sentences) and also can be punishable by death. Each individual state makes distinctions as to defining the sentencing guidelines and seriousness of crimes.

Felony crimes generally include: murder, rape, aggravated assault, robbery, burglary, arson, copyright infringement, fraud, perjury, larceny, manufacture and sale of illegal drugs. Felonies can be further categorized as violent or nonviolent offenses. Violent offenses generally carry harsher penalties than nonviolent offenses.

What Kind Of Punishment Could I Face For A Felony In New York?

New York does not practice capital punishment or the death penalty for a felony. New York classifies felonies from “A Felonies” that carry the toughest penalties down to “E Felonies” which are the least serious.

• A Felonies- divided further into A-I and A-II
o A-I – minimum of 15 to life in prison
o A-II- carries a maximum of life in prison
• B Felonies – maximum penalty of 25 years
• C Felonies – maximum penalty of 15 years
• D Felonies – maximum penalty of 7 years
• E Felonies – maximum penalty of 4 years

As a matter of law if you have a prior felony conviction within the past ten years of the current offense than you will be faced with a more severe penalty. Also, convicted felons will lose their right to vote and are likely to lose any current professional licenses or the ability to seek a professional license in the future. Convicted felons have a difficult time finding employment because employers regularly request criminal background checks before making a hire.

What Is A Misdemeanor?

Misdemeanors are considered a lesser criminal act than a felony and as such carries lesser penalties. The maximum punishment allowed for a misdemeanor in New York is 12 months. In general misdemeanors include: simple assault, public intoxication, drug possession, petty theft and prostitution. Misdemeanors are still considered crimes and will be made a part of your criminal record.
With misdemeanors the courts have more flexibility to punish individuals using other methods like heavier fines, community service, probation, monitoring devices or limited jail sentences. If you have prior convictions on your criminal record than the judge will be less inclined to use these measures and will likely impose a jail sentence.

What is A Violation?

A violation is an offense where the potential jail sentence cannot be greater than fifteen days. Violations are not considered criminal and as such you will not have a criminal record for a violation however there are fines that can be imposed. Some examples of violations include: trespass, unlawful posting of advertisements, loitering, public intoxication, low levels of marijuana possession, failing to respond to a ticket.

How Do I Exercise My Rights When I Am Being Charged With A Crime?

Anytime that you are faced with a charge you have the right to remain silent and the right to have an attorney present. Remember that you are innocent until proven guilty, which means that the police and the prosecutor (the attorney representing the State who is pursuing the case against you) must do all the work to build a case.
If you remain silent you are making it harder on the state to establish a case against you. It is the prosecutor’s responsibility and burden to prove their case. If they do not have enough information or evidence to build a case against you, you will likely be let free. Once you are under arrest or being interrogated by the police, tell the officer that “I am exercising my right to remain silent” and that “you would like to have an attorney represent you”.

What Can An Attorney Do For Me If I Am Being Charged With A Crime?

A lawyer can fight on your behalf to make sure you get the best outcome possible given the charges you are facing. An experienced defense attorney will work to have the charges brought down to the lowest level possible and in some cases dismissed all together.

If the prosecution presents an offer that exposes you to a penalty, an attorney will be able to recognize and advise you on whether you should accept the offer. If the prosecution does not have the evidence to support the criminal charges you are facing, an attorney can take your case to trial and show a jury that you are not guilty of the charges.

If you have been arrested or charged with any type of crime call The Rosenblum Law Firm today to schedule a free consultation with a criminal defense lawyer.