Types of Criminal Cases: A Complete Guide to Criminal Law Cases in the U.S. and New York

The U.S. has developed categories for criminal offenses based on the seriousness of the offense, the intent behind the crime and the amount of damage caused by the offender. Each of these categories have specific punishments attached to them under the New York Penal Law which will determine where your case will be heard, the type of sentence you could receive, and the long-term consequences to your criminal record.

This article discusses the main categories of criminal cases in the U.S., and explains how New York categorizes criminal offenses under its state laws. Regardless if your case is a first-time misdemeanor or a serious felony charge, knowing what category your case falls into and what it means for your rights, your record, and your future is the first step to developing a defense. Speak with a criminal defense attorney in New York as early as possible to understand your options.

Types of Criminal Law Cases

Criminal law cases are the types of legal actions brought by the government — either the state or federal government — against an individual accused of breaking a criminal statute. The prosecutor bears the entire burden of proving the defendant guilty beyond a reasonable doubt. The defendant is under no obligation to prove their innocence.

Federal vs. State Criminal Cases

The U.S. has two primary ways to prosecute crimes: federal cases, prosecuted in federal district courts using federal statutes, and state cases, prosecuted in state courts under each state's penal code. All criminal offenses committed within New York are regulated by the New York Penal Law, the Criminal Procedure Law (CPL), and other relevant legislation.

Consequences Beyond Imprisonment

Each criminal case carries the possibility of consequences beyond imprisonment — including fines, probation, mandatory programming, and a permanent criminal record which affects employment opportunities, housing opportunities and immigration status.

Classification of Crime Based on Degree of Severity

All offenses are classified into four levels of severity. Two are considered criminal and two are considered non-criminal. These classifications will dictate both the punishment and whether a criminal conviction results in a permanent criminal record.

Felony Offenses: The Most Severe Type of Criminal Case

In New York, a felony is the most serious classification and carries a possible sentence of greater than one year in a New York State prison. Within New York, felonies are divided into five classifications: Class A through Class E, with Class A felonies carrying the harshest penalties, including a life sentence for offenses such as murder in the first degree. Additionally, felonies often result in substantial collateral effects to the offender: the loss of right to vote while incarcerated; barriers to employment; and in some instances, immigration-related effects to offenders who are not citizens.

In addition, New York separates violent felony offenses (VFOs) from non-violent felonies. Under Penal Law § 70.02, VFOs are subject to mandatory determinate sentences — that is, fixed prison terms with no range. First-time non-violent felonies usually have indeterminate sentences, which means the judge establishes a minimum and maximum term of imprisonment.

Misdemeanor Crimes: Intermediate Level of Criminal Offense

In New York, a misdemeanor is a crime punishable by no more than one year in a local jail — not in a state prison. There are three misdemeanor classifications in New York: Class A (punishable by one year); Class B (punishable by up to 90 days); and Unclassified misdemeanors — which cover specific offenses such as first-time DWI charges under the Vehicle and Traffic Law. A conviction of a Class A or Class B misdemeanor is reported to the NYS Division of Criminal Justice Services and becomes part of the offender's permanent criminal record.

Many people underestimate the consequences of a misdemeanor conviction. For example, a Class A misdemeanor for assault or petty theft can impact the offender's ability to obtain professional licensure, apply for housing, and participate in immigration proceedings just as much as a lower level felony.

Infractions and Violations: Minor Non-Criminal Offenses

Violations and traffic infractions are minor offenses that are designated as "non-criminal" offenses in New York. A violation, such as disorderly conduct or loitering, carries a maximum of 15 days in jail and a $250 fine and does not generate a criminal record. Traffic infractions, which generally include most speeding citations and parking citations, are processed administratively and impose fines, not criminal sanctions. Since violations do not show up on criminal history checks, violations are treated much differently than misdemeanors and felonies in plea negotiations.

Major Categories of Criminal Charges in the United States

Major categories of criminal charges in the United States are organized by the nature of the offense committed (the manner of the crime), the nature of the harm caused (victim's harm), and the nature of the victim. These categories encompass the majority of the criminal charges prosecuted at both the State and Federal levels in the United States.

Offenses Against Persons: Violent Crimes

Offenses against persons are crimes where the defendant uses or threatens force against another individual. In New York, the legislature has designated certain crimes as "violent" felonies under the definition of Penal Law § 70.02 — although there may have been no violence present in the specific case. It is this legislative designation that distinguishes Robbery in the Second Degree as a violent felony, while Robbery in the Third Degree is not considered a violent felony, despite the same possible factual circumstances.

Murder and Manslaughter

Murder and manslaughter charges vary by classification — Class B felony (manslaughter in the first degree) and Class A-I felony (murder in the first degree) which mandates a minimum of one lifetime prison sentence.

Assault

Assault charges vary by classification — from Class A misdemeanor (assault 3rd) to Class B felony (assault 1st).

Robbery

Robbery is distinguished from theft by the use of force or threat of force against another. Robbery in the First Degree (Class B felony) includes use of a deadly weapon; Robbery in the Second Degree (Class C violent felony) includes either physical injury or multiple perpetrators.

Kidnapping and Unlawful Imprisonment

Kidnapping in the First Degree is a Class A-I felony if it results in death or involves a ransom; kidnapping in the second degree is a Class B felony.

Domestic Violence

Domestic violence offenses are charged under existing laws (assault, harassment, strangulation) but result in automatic collateral consequences such as orders of protection and potential loss of gun rights.

Property Crimes: Offenses Against Property

Offenses against property involve the taking, damaging, or destroying of property owned by another. In New York City, property crimes account for a large percentage of all crimes reported to the police department — and account for the largest number of reported crimes by volume. As per the most recently published data from the New York Police Department, petty larceny accounted for approximately 109,000 reported incidents and grand larceny accounted for just over 48,000 reported incidents — resulting in larceny being the largest crime category in New York City.

Larceny Thresholds Under New York Law

New York Law categorizes theft offenses according to the value of the property stolen:

• Petit Larceny (Penal Law § 155.25): Theft of property valued at $1000 or less. Classified as a Class A Misdemeanor.
• Grand Larceny in the Fourth Degree (Penal Law § 155.30): Theft of property valued greater than $1000. Classified as a Class E Felony — the amount of $1000 is the point of conversion from a misdemeanor to a felony.
• Grand Larceny in the Third Degree (§ 155.35): Theft of property valued greater than $3000. Classified as a Class D Felony.
• Grand Larceny in the Second Degree (§ 155.40): Theft of property valued greater than $50,000. Classified as a Class C Felony.
• Grand Larceny in the First Degree (§ 155.42): Theft of property valued greater than $1,000,000. Classified as a Class B Felony.

Burglary, Arson, and Other Property Crimes

Burglary — which involves unauthorized entry into a structure with the intent to commit a crime — is generally considered a more serious charge than larceny, and burglary charges also depend upon the location of the entry and the presence of a weapon or injuries — and can range from a Class D Felony (Burglary 3rd) to a Class B Felony (Burglary 1st). Additional property crime categories include arson, criminal mischief, and motor vehicle theft — all of which are regularly prosecuted in New York courts.

White Collar Crimes: Financial and Organizational Offenses

White collar crime is defined as a crime that is committed through deceit, violation of trust or through manipulation of a financial system to obtain a profit either for the individual committing the crime or the organization the person works for. Both state and federal authorities pursue white collar crime aggressively and the penalties associated with these types of crimes are similar to those of violent felonies, such as lengthy jail terms and large restitution orders.

Fraud

Fraud (Wire Fraud, Mail Fraud, Healthcare Fraud, Bank Fraud); Penalties under 18 USC 1341 & 1343 may be up to 20 years in prison per count. In New York State, fraud penalties may be classified as a misdemeanor through a Class B Felony.

Embezzlement

Based on the value of goods stolen, charged under New York's Larceny Statutes. When you are being charged with this offense, it will be beneficial to have an attorney understand how the prosecution plans to demonstrate intent. Learn more about defending embezzlement charges in New York and what to expect from the prosecution's case.

Identity Theft

Identity Theft is penalized in New York pursuant to New York Penal Law Sections 190.77–190.82. This statute ranges from a Class A Misdemeanor (1st degree identity theft using another's identity for financial purposes) through a Class D Felony.

Money Laundering

Prosecutions under 18 USC 1956 may result in a maximum penalty of 20 years imprisonment. Money laundering charges in New York State, under Penal Law Article 470, may be charged as a Class B Misdemeanor to a Class B Felony.

Securities and Insider Trading Fraud

Federal prosecutions are typically handled by the U.S. Attorney's Office, in conjunction with the Securities Exchange Commission (SEC) and the Federal Bureau of Investigation (FBI).

Drug Crimes: Controlled Substance Offenses

Drug offenses are among the most commonly prosecuted offenses in New York. Drug offenses can range from a Class A Misdemeanor (possession of a small quantity) to a Class A Felony (large scale trafficking). The severity of a drug offense is determined by several factors, specifically: the type of controlled substance involved; the amount of the controlled substance involved; and whether the defendant intended to sell/distribute the controlled substance. If you are facing possession charges, understanding how to fight drug possession charges is the first step toward building a defense.

How Drug Offenses Are Classified Under New York Penal Code Article 220

Under the New York Penal Code (Article 220), controlled substances are categorized into schedules. Some key differences include:

• Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law Section 220.03): Class A Misdemeanor; possession of any controlled substance with no additional aggravating circumstances.
• Criminal Possession in the Fifth through First Degrees: Class D Felony through Class A-I Felony, with thresholds based on the weight of the controlled substance (for example, half an ounce of cocaine triggers a felony while four ounces of a narcotic drug trigger a Class A-II Felony).
• Criminal Sale of a Controlled Substance: Class D Felony through Class A-I Felony based upon the amount/weight and/or type of controlled substance sold; Criminal sale within close proximity to a school or to a minor increases the penalty associated with the sale.

Anyone facing sale or distribution charges should immediately understand the steps after a drug trafficking arrest and what to expect from law enforcement and prosecutors.

Drug Courts as an Alternative to Incarceration

Drug courts exist throughout New York and provide a way for certain individuals charged with a drug offense to receive treatment instead of a jail sentence. Knowing how to access a drug court program and how to successfully defend a drug case requires a knowledgeable defense attorney familiar with current state law.

Sex Crime Charges: The Most Serious Cases in the Criminal Justice System

Sex Crime charges have the potential to be the most severe and permanent charges in the New York criminal justice system. An individual convicted of a sex crime will be required to register as a sex offender under the Sex Offender Registration Act (SORA). Registration will assign a level (Level I, II, or III) that can affect where an individual lives, works and travels — and for a lifetime.

Common Sex Crime Charges in New York

• Sexual Misconduct (Penal Law § 130.20): This charge is a class A misdemeanor — sexual contact without the consent of another individual.
• Rape in the Third, Second, and First Degree: Rape in the third degree is a class E Felony; rape in the second degree is a class D Felony; and rape in the first degree is a class B Felony — with up to 25 years imprisonment possible for those convicted of rape in the first degree.
• Aggravated Sexual Abuse: This charge is classified as a Class D through Class B Felony — depending on the age of the victim and other factors.
• Sexual Abuse and Forcible Touching: These charges range from a class A misdemeanor to a class D Felony.
• Sex Trafficking (Penal Law § 230.34): This charge is a class B Felony when the victim is an adult — but if the victim is a minor, it is a class A-II Felony.

Due to the fact that sex crimes result in automatic collateral consequences — such as notification of all employers who are subject to regulation by state or federal agencies — it is important for an attorney to provide legal services as soon as possible — often prior to formal charges being filed against an accused.

Impaired Driving Charges: DUI and DWI Charges

New York uses the terms "Driving While Intoxicated (DWI)" and "Driving While Ability Impaired (DWAI)" to describe its two main impaired driving offenses under the Vehicle and Traffic Law § 1192. The state also has an Aggravated DWI classification for individuals with high BAC readings.

DWAI — Driving While Ability Impaired

DWAI (Vehicle and Traffic Law § 1192[1]): When a driver has a blood alcohol content (BAC) between .05% and .07% — or there is other evidence of impairment. DWAI is a traffic infraction — and not a crime — for both first and second offenders. Penalties for a DWAI can include a maximum of 15 days incarceration — and a 90-day license suspension.

DWI — Driving While Intoxicated

DWI (Vehicle and Traffic Law § 1192[2]): When a driver has a BAC of .08% or greater — and is found guilty of this offense — it is a misdemeanor for a first time offender. A DWI conviction carries a maximum of one year of incarceration — and a fine of $500–$1000. A first time offender will have his/her driver's license revoked for at least six months.

Aggravated DWI

Aggravated DWI (Vehicle and Traffic Law § 1192[2-a]): When a driver has a BAC of .18% or greater — and is convicted of this offense — enhanced penalties apply — including longer periods of revocation — and the driver will be required to install an ignition interlock device (IID) in their vehicle.

Leandra's Law: DWI with a Child in the Vehicle

In 2009, the State Legislature enacted Leandra's Law — named for 11-year-old Leandra Rosado, who died in a car accident while riding with her intoxicated mother. Under Leandra's Law, any DWI or DWAI offense committed with a child less than 16 years old in the vehicle will be charged as a class E Felony — regardless of whether the offender has been previously convicted of a DWI or DWAI. If the offense results in serious physical harm to the child — the offense will be elevated to a class C Felony — and if the offense results in the death of the child — the offense will be charged as a class B Felony — punishable by up to 25 years of incarceration. Whether a DWI or DWAI becomes a felony charge is determined by the facts of the stop — the defendant's BAC reading — and the defendant's prior convictions.

Domestic Violence Cases: Family & Intimate Partner Crimes

Cases involving domestic violence are not charged under a domestic violence statute in NY but instead charged under other statutes of the penal law (e.g., assault, harassment, strangulation, stalking) with the domestic relationship being used as an aggravating circumstance that requires that there be collateral consequences of prosecution.

Primary Characteristics of Domestic Violence Cases in New York

• Mandatory arrest: Police must make an arrest based on probable cause when they respond to a domestic incident.
• Orders of protection: Courts issue temporary orders of protection at the time of arraignment. Violations of these orders (even accidental contact) will result in a new criminal charge.
• Strangulation charges: Criminal obstruction of breathing or blood circulation (Penal Law § 121.11) is a class A misdemeanor; strangulation in the second degree (Penal Law § 121.12) is a class D felony.
• Stalking charges: Stalking in the fourth degree is a class B misdemeanor; stalking in the first degree (involves physical injury or use of a weapon) is a class D felony.

Cybercrime Prosecutions

There has been an increase in cybercrime prosecutions as local law enforcement agencies at both the state and federal levels have established their own digital investigations units. Article 156 of the NY Penal Law addresses computer crimes; federal statutes (including the Computer Fraud and Abuse Act (18 U.S.C. § 1030)) address computer system related offenses that occur across state boundaries.

Common types of cybercrimes include hacking/unauthorized access to computers, cyberstalking, identity theft via digital means, ransomware, and internet-based fraud schemes. Many cybercrime cases are prosecuted federally because they involve computer systems that cross state lines — resulting in federal sentencing guidelines which can impose more serious penalties than those imposed by the state.

Juvenile Offenses: Criminal Cases Involving Minors

Juveniles under the age of sixteen are processed in family court under a separate youth justice framework for juvenile delinquency cases. Family court cases are civil in nature and therefore the determination of a juvenile case does not create a criminal record in the name of the minor. Rather the focus of the family court is to provide treatment and services to assist the juvenile in becoming productive members of society.

Raise the Age Legislation and Youthful Offender Status

However, the Raise the Age legislation passed in NYS in 2017 was fully implemented in 2019 and provides that minors who are sixteen and seventeen years old will now be processed in either the youth part of the criminal court (for misdemeanors) or may be transferred to family court (if there are exceptions). Youthful offender (YO) status is also available to minors who are 16 through 18 years of age at the time of disposition for an offense (CPL § 720) and results in sealing of the record and substituting a YO determination for a criminal conviction thereby eliminating all possible collateral consequences.

What Is the Difference Between a Federal Crime and a State Crime?

The main differences between a federal crime and a state crime determine which court will hear the case, what laws govern the sentencing of an individual and how aggressive the prosecutor will be in pursuing a conviction.

State Criminal Cases in New York

State crimes, the most common type of crime prosecuted, are prosecuted by the District Attorney for the County where the offense occurred and are prosecuted under the New York Penal Law.

Federal Criminal Cases

Federal crimes are prosecuted by the U.S. Attorney's Office and are prosecuted under federal statutes.

When the U.S. Attorney's Office Prosecutes

Prosecution by the U.S. Attorney's Office generally occurs when:

• The crime has crossed state lines (Drug Trafficking, Wire Fraud, Human Trafficking)
• An investigation was conducted by a federal agency (FBI, DEA, IRS-Criminal Investigation, ATF)
• The crime involved federal property, federal employees or federal programs
• The conduct violated both state and federal law and the prosecution by the U.S. Attorney's Office is either more effective as a deterrent or can result in a harsher penalty.

Federal Sentencing Guidelines

Federal sentencing is governed by the United States Sentencing Commission and is a complex point based system that provides an advisory sentencing range based upon the offense level and the defendants prior convictions.

Generally speaking federal sentences are longer than state sentences and federal defendants must serve at least 85% of their sentence (parole is not available in the federal system).

As such, the stakes involved in federal cases require an experienced federal criminal defense attorney to represent you from the onset.

Types of Criminal Cases in New York: State-Specific Classifications

New York's criminal offense structure differs in important ways from other states. Understanding how New York specifically categorizes offenses — and how courts apply those categories — is essential for anyone facing charges in the state.

New York Felony Classifications: Classes A Through E

New York organizes felonies into five classes under Penal Law § 70.00. The table below shows each classification, the maximum penalty, and representative offenses.

The violent/non-violent distinction within these classes is critical. A Class E violent felony conviction carries a mandatory determinate sentence; a Class E non-violent felony does not. Prior felony convictions significantly increase sentencing exposure — a "predicate felon" faces a mandatory state prison term even for a non-violent Class D or E felony.

DWI and DWAI Charges in New York

DWI/DWAI Charges Involving an Underage Child

Under Leandra's Law, if you have a minor child less than 16 years old in the vehicle at the time you are arrested for DUI, your first-time DWI will be elevated to a class E Felony and carry mandatory jail time and a minimum of six months license suspension.

DWI/DWAI Penalties

All DWIs require IID devices to be installed on vehicles owned or operated by the offender. All DWI offenders are required to obtain SR22 insurance for three years after their license has been restored. A second DWI conviction within ten (10) years of the first is classified as a class E felony and carries the same penalties as a first DWI with the exception that there is no minimum jail term.

Misdemeanor vs. Violation: What's the Real Difference?

While many people refer to a citation received from a police officer as a "ticket" or "infraction," these terms may not accurately reflect the nature of the violation charged. While violations are civil infractions and do not result in a criminal conviction, they can still result in fines, loss of license, and points assessed against your driving record. As such, violations can impact your ability to secure employment, obtain credit, and rent housing. Additionally, if you are a non-citizen, a violation can lead to deportation proceedings. Misdemeanor convictions are also considered crimes and can result in jail time, loss of employment opportunities, and difficulty renting housing. Therefore, while both violations and misdemeanors may seem similar, the implications of a conviction are very different.

DWI Charges

A DWI is considered a criminal offense and results in a conviction upon pleading guilty or being found guilty after trial. The first-time offense typically results in a one-year jail sentence which can be served in the county jail, probation, or a combination of both. Fines for a first DWI offense can range from $500 to $1,000 depending on the county. In addition, the court can order community service, alcohol treatment, and driver's education. Second and third-time DWI offenses are elevated to felonies and result in mandatory jail time and longer periods of incarceration.

DWAI Charges

A DWAI is considered a traffic infraction and does not result in a criminal conviction. However, like a DWI, a DWAI offense can result in loss of license, fines, and surcharges. The maximum penalty for a first DWAI offense is 90 days in jail and a fine of $300. If convicted of a DWAI offense, the court may also impose other penalties such as community service, alcohol treatment, and driver's education.

Gun Crimes and Firearms Violations in New York

New York has some of the toughest gun laws in this country. Criminal Possession of a Firearm (CPWF) under Penal Law Article 265 is a very broad category of crimes:

• CPWF in the Fourth Degree (Penal Law § 265.01): Class A Misdemeanor — Possessing a Loaded Firearm Outside One's Home or Place of Business Without a License.
• CPWF in the Third Degree (§ 265.02): Class D Felony — Possessing Certain Types of Weapons As a Prior Felon; Possessing Specific Categories of Illegal Weapons.
• CPWF in the Second Degree (§ 265.03): Class C Felony — Possessing a Loaded Firearm Outside One's Home or Place of Business With Intent to Use Unlawfully.
• CPWF in the First Degree (§ 265.04): Class B Felony — Possessing an Assault Rifle or Machine Gun With Intent to Use Against Another Person.

Additional Requirements of the New York SAFE Act (2013)

The SAFE Act also imposed new restrictions on assault rifles, high capacity magazines and the process of registering guns in New York. Travelers to New York who have no knowledge of New York's laws on firearms are often arrested at LaGuardia Airport and JFK Airport for carrying legally owned firearms which they were permitted to carry in their home states, however these same firearms violated New York's very restrictive laws regarding possession of firearms.

Substance Abuse Related Offenses Under the New York Penal Code

In 2009, New York's laws related to drug offenses were greatly modified when it eliminated mandatory minimum sentences for many drug offenses. Further modification to New York's drug laws expanded the availability of drug court for defendants eligible for such programs. Under Penal Law Article 220, controlled substances are categorized according to their schedules, and possession and sale of such substances will be based upon quantity.

Drug Courts: Treatment as an Alternative to Jail

Available in all five boroughs and in most counties throughout New York are the drug courts, which provide treatment-based alternatives to jail sentences for defendants who qualify for them. In order to participate in a drug treatment program, defendants are required to attend regularly scheduled meetings, submit to random urine tests, complete treatment as prescribed, and perform community service. For defendants charged with crimes resulting from their use of substances, a drug treatment program represents a viable alternative to incarceration.

Court Systems in New York Where Cases Will Be Tried

Where a particular case will be tried will depend upon the degree of severity of the crime committed:

• Criminal Court (NYC) / City Courts (Outside of NYC): Jurisdiction over misdemeanor offenses, violation offenses, and felony arraignments. All bench trials for misdemeanors will be held before a judge in the Criminal Court or City Court.
• Supreme Court (Criminal Term): Although known as the "Supreme Court," New York's Supreme Court is a trial court. The Supreme Court will hear all felony trials in New York City.
• County Court: Will hear all felony cases outside of New York City.
• Family Court: Will hear cases involving juvenile delinquency and will hear cases in regard to domestic violence offenses (such as restraining orders/orders of protection).
• Federal District Courts (Southern District of New York and Eastern District): The Federal District Courts for the Southern District of New York (Manhattan) and the Eastern District (Brooklyn/Queens/Long Island) will hear all federal offenses.

Generally, defendants in New York are required to appear in court within twenty-four hours of being taken into custody, which is referred to as the defendant's arraignment. At the arraignment, bail is either set or denied. Therefore, the quality of representation of a defendant during the initial stages of their defense can result in a decision of whether a defendant is jailed until they go to trial.

Determinate Sentencing vs. Indeterminate Sentencing

Depending on the nature of the offense, there are two sentencing systems used in New York:

Determinate Sentencing

Determinate sentencing is applicable to all violent felony offenses. The court will impose a fixed term with a mandatory period of Post-Release Supervision (PRS). Upon completion of the fixed term (minus good time), the defendant will serve the remainder of their sentence under PRS.

Indeterminate Sentencing

Indeterminate sentencing applies to all other types of non-violent felony offenses. The court will establish both a minimum and maximum term for the sentence. The Parole Board will determine the length of time the defendant must serve prior to their release.

The predicate felon status of a defendant significantly increases the amount of time they may serve as punishment. If a defendant has been convicted of two previous felonies, they will be considered a persistent felony offender and may receive increased penalties of up to life imprisonment for a Class B felony or greater. Mandatory minimum sentences will limit the discretion of judges for certain offense categories, such as drug trafficking in excess of threshold amounts and certain weapon offenses.

Alternative Sentencing and Problem-Solving Courts in New York

Alternative sentencing, along with the development of problem-solving courts in New York State, allow for the use of a treatment and accountability based approach to criminal cases, as opposed to the typical method of prosecution:

• Drug Treatment Court: Drug felony and misdemeanor offenses are assigned to drug treatment court which requires defendants to participate in substance abuse treatment in order to receive dismissal or reduction of their charges.
• Mental Health Court: Defendants are assigned to mental health court when it is believed that mental illness has contributed to the commission of an offense; The focus of this court is ensuring the defendant's compliance with treatment requirements.
• Veterans Treatment Court: This court addresses criminal cases committed by military veterans, and includes peer mentoring and VA-based services to support the veteran in addressing their issues.
• Domestic Violence Court: Domestic violence court monitors defendants' compliance with orders of protection and domestic violence intervention programs.
• Adjournment in Contemplation of Dismissal (ACD): Pursuant to CPL Section 170.55, ACD can be used to dismiss misdemeanor offenses and violation offenses after the defendant has remained arrest free for six months to one year from the time of the initial appearance. When a defendant successfully completes the six month to one year period without being arrested, the charges will be dismissed and the records related thereto shall be sealed. An ACD is a key bargaining tool for attorneys defending misdemeanor offenses.

The New York Criminal Justice Process: From Arrest to Sentencing

Understanding the criminal justice process in New York from the time of arrest through the conclusion of a case illustrates when key legal decisions are made during the course of a case and why hiring a criminal defense attorney as early as possible is so important to protect your interests throughout each phase of the case.

The criminal justice process in New York moves quickly. Here is what to expect at each stage:

• 1

  Arrest

  At the point of arrest, a police officer has probable cause to believe you committed a crime. Once arrested, you will be advised of your Miranda Rights prior to questioning by the police while in custody. At the time of the advisement of Miranda Rights, you are informed of your "right to remain silent" and your "right to an attorney." These rights attach once you are placed into custody.

• 2

  Arraignment

  Within 24 hours after your arrest, you will appear in court for the first time as part of your case. During the arraignment, you will receive formal charges and enter a plea. In addition, your bail will either be set or waived. Your defense attorney can also make arguments regarding your release and/or attack the sufficiency of the charges.

Can't see the video? Watch: What really happens after you're arrested in New York — step-by-step legal breakdown →

• 3

  Grand Jury / Indictment

  Felony cases move forward to a grand jury where the members decide if there is enough evidence to indict. When the grand jury returns a "true bill," you will be indicted and the case will proceed in Supreme Court (in NYC) or County Court.

• 4

  Bail Hearing

  In 2019, New York passed a law limiting the use of cash bail for most misdemeanor and some non-violent felony offenses. For those types of crimes, most defendants are released on their own recognizance (ROR) or with other non-monetary conditions rather than having to pay money to secure their release.

• 5

  Plea Negotiation

  Most criminal cases in New York conclude with a plea agreement. The best plea bargains usually occur when negotiations take place prior to the defendant being indicted.

• 6

  Trial

  All defendants have the right to a jury trial for any offense which carries a jail term of one year or longer. In addition, defendants have the right to a bench trial (judge only decides the case). The prosecution bears the burden of proving the defendant committed the offense charged beyond a reasonable doubt.

• 7

  Sentencing

  Following a defendant's conviction, either by entering a plea or the jury finding them guilty, sentencing takes place. Defense counsel attempts to provide mitigating factors such as the defendant's past history, mental health issues, substance abuse issues, family history etc., to support the request for the lowest sentence possible.

Your Rights and Legal Defenses in Criminal Cases

Each defendant in a criminal case in New York has constitutional and statutory rights that the defense attorney can assert at every stage of the case.

Constitutional Rights in a Criminal Case

Miranda Rights

Prior to conducting a custodial interrogation, law enforcement officials must inform the defendant of his/her right to remain silent and his/her right to an attorney. Any statement given by the defendant while being questioned in violation of Miranda, is suppressible under CPL § 710.

Right to Counsel

Both the U.S. Constitution and N.Y. law provide that a defendant has the right to an attorney at all critical stages of the criminal proceeding. A defendant who cannot afford to hire an attorney is entitled to the appointment of a public defender.

Presumption of Innocence

The burden is always on the prosecution to prove its case. A defendant is presumed to be innocent unless proven guilty beyond a reasonable doubt — the highest burden of proof in our judicial system.

Fourth Amendment Protection Against Unlawful Search and Seizure

To lawfully search a person or their property, the police must obtain a warrant, or have the consent of the owner/occupant of the premises, or fit into a recognized exception to the warrant requirement. Evidence obtained through illegal searches may be suppressed. Every defendant has the right to refuse a police search — read our guide on how to refuse a police search in New York to understand your full constitutional rights during a police encounter. Cornell LII: 4th Amendment

Common Legal Defenses in New York Criminal Cases

Some common defenses used in New York criminal cases include self-defense (Penal Law Article 35), which allows for the use of force when a person reasonably believes he/she must do so to protect themselves against imminent physical harm; entrapment, where law enforcement officials induce a defendant to commit an offense that he/she would not normally commit; and mistaken identity, which questions the reliability of a witness' identification — a contributing factor in a significant number of wrongfully convicted individuals.

Long-Term Effects of Being Convicted of a Crime in NY

In New York, being convicted of a crime can have effects beyond the sentence given for the offense. Collateral consequences are the legal effects of a conviction that may impact almost all areas of an individual's life:

Employment Consequences

When applying for employment many employers require background checks as part of their hiring process; Professional Licenses (Legal, Medical, Financial, etc.) may be suspended or taken away due to a felony conviction.

Housing Consequences

Public housing requires that you do not have a felony conviction and private landlords may use felony convictions against applicants when renting a home.

Immigration Consequences

If you are not a U.S. citizen and convicted of a "crime of moral turpitude" or an aggravated felony under the Immigration and Nationality Act you may be subject to mandatory detention and deportation.

Voting Rights

In New York, the right to vote is restored upon release from jail or prison however, a felony conviction may cause you to lose this right for some time.

Gun Rights

A felony conviction is a permanent disqualification to possess a gun under both federal law (18 U.S.C. § 922(g)) and New York State law.

The Clean Slate Act: Automatic Record Sealing in New York

As of Nov. 16, 2024 New York State has implemented the Clean Slate Act. Under this act, New York will begin automatically sealing certain criminal convictions once those requirements have been met (three years for misdemeanors and eight years for felonies) and once the courts begin processing these requests (which is expected to occur by late 2027). If you wish to seal your own record prior to the implementation date, you may seek to have your records sealed under the existing sealing provisions found in C.P.L. § 160.59. Learn more about New York record sealing and expungement options.

Why You Need to Hire a Criminal Defense Lawyer ASAP

You need to hire a criminal defense lawyer in New York as soon as possible. This means you should hire one before speaking with law enforcement. It also means you need to hire one before the arraignment and before accepting any plea offers from the prosecution. The New York criminal justice process is fast moving. Decisions that are made in the first few days of being arrested or even before being charged, set the tone for the rest of the case.

What an Effective Criminal Defense Attorney Actually Does

A good criminal defense attorney is not just someone who shows up for trial. An effective defense attorney must challenge the validity of the arrest. They must file motions to suppress the evidence obtained during the arrest. They must investigate the facts of the case before the prosecution sets their case in stone. They must negotiate from a position of knowledge and power.

Whether you are dealing with a misdemeanor assault charge, a felony drug trafficking indictment or a federal investigation, the best guidance you could receive would come from Attorney Saul Bienenfeld, a seasoned New York criminal defense attorney who knows New York Penal Law and local court practices as well as what the local prosecutors are looking for.

What to Look for in a Good Criminal Defense Lawyer

When searching for a good criminal defense lawyer there are several things you should look for. First, look for a lawyer who has extensive courtroom experience in the type of charge you are facing. Second, find out if they know the judge and the prosecutor(s) in your case. Third, ask them to explain how they intend to defend you in your case. Fourth, ask them to explain to you what you realistically can expect to happen in your case.

Frequently Asked Questions

• What Is the Difference Between Felonies and Misdemeanors in NY? ▼

  A felony is a serious crime that has a penalty of greater than one year in a NYS prison. A misdemeanor is a less serious crime that has a penalty of up to one year in a county jail. Both types of crimes are considered to be a permanent part of your criminal record. The main practical differences between a felony and a misdemeanor: Felonies have a much broader range of consequences to immigration, firearm ownership, and employment; Felonies are heard in a higher court (Supreme Court or County Court as opposed to Criminal Court); and Felonies have a higher sentencing range. NY Penal Law divides all crimes into classes, such as Class A-E felonies, and Class A-B misdemeanors.

• What Happens at Arraignment in NY? ▼

  The arraignment is the initial appearance before a judge after a defendant is arrested. It typically occurs within 24 hours of the arrest. During arraignment, the defendant is advised of the charges, pleads not guilty, and the court sets bail or releases the defendant on certain conditions. In felony cases, the prosecutor files a felony complaint, while in misdemeanor cases, the prosecutor files a misdemeanor information or complaint. Defense counsel may make several arguments at arraignment regarding the charges, including whether there are sufficient allegations to support a charge, and whether the defendant should be released on bail or other non-monetary conditions, which could lay the groundwork for additional motions down the line.

  Watch: Your First Court Appearance: What Happens at Arraignment

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• Can My Criminal Record Be Sealed in NY? ▼

  Under limited circumstances, yes. Section 160.59 of the NY Criminal Procedure Law allows a defendant who has no more than two prior convictions (no more than one of which may be a felony) to request that their conviction(s) be sealed ten years after the date of their last conviction or release from incarceration. There are some exceptions to this rule, including sex crimes and Class A felonies. Additionally, effective November 2024, the Clean Slate Act will automatically seal qualifying convictions for many individuals, although it is anticipated that full implementation will not occur until late 2027. Currently, a defendant seeking to seal a conviction must file a formal motion.

• How Do Miranda Rights Apply in a NY Criminal Case? ▼

  Miranda warnings are only required prior to a custodial interrogation — where a reasonable person would believe they were not free to leave. Miranda warnings provide a defendant with his/her rights to remain silent and have an attorney present before and during questioning. A defendant invokes their Miranda rights with a clear and unambiguous statement, such as "I want a lawyer" or "I am remaining silent." Once a defendant invokes their Miranda rights, law enforcement cannot continue to question them. Any statements made as a result of a custodial interrogation conducted in violation of Miranda may be suppressed by filing a motion pursuant to Section 710 of the NY Criminal Procedure Law (the Huntley Hearing).

• What Is the Difference Between DWI and DWAI in NY? ▼

  DWI (Driving While Intoxicated) is a crime requiring a blood alcohol content (BAC) of .08 percent or higher. First-time offenders face misdemeanor charges. DWAI (Driving While Ability Impaired) is a traffic infraction requiring a BAC between .05 percent and .07 percent. First-time and second-time offenders do not face criminal charges. Aggravated DWI is a DWI committed with a BAC of .18 percent or higher. As a result of the increased severity of Aggravated DWI, it also carries increased penalties. Regardless of BAC or prior record, any DWI or DWAI conviction involving a minor age 16 or younger in the vehicle, as defined by Leandra's Law, constitutes a felony.

• How Does a Prior Arrest or Conviction Affect My Current NY Criminal Case? ▼

  Prior felony convictions committed within ten years of the current crime will elevate most felony charges in NY from "first-felony" to "predicate felon" status. This means the defendant will no longer be eligible for any type of non-prison sentence for the current felony conviction, and will likely receive significantly increased minimum mandatory sentences. Two prior felony convictions can lead to a "Persistent Felony Offender" classification, with possible life imprisonment. Prior convictions can still influence a defendant's plea negotiations and the discretion of a judge to impose a sentence in a misdemeanor case, even if they do not trigger mandatory minimums.

• What Happens When I Am Arrested But Not Charged in NY? ▼

  If a defendant is arrested, but not formally charged with a crime, there is no conviction of a crime and therefore, no criminal record created as a result of the arrest. However, the arrest record — including the arrest itself, fingerprinting, and photos — will remain on file with law enforcement and may be included in background checks, depending on the nature of the inquiry. If the DA decides not to prosecute, or the charges are dismissed prior to conviction, a defendant may seek to have the arrest record sealed pursuant to Section 160.50 of the NY Criminal Procedure Law. The sealing of an arrest record will prevent the record from being available to most private employers and background check services. However, the record will remain available to law enforcement.

• What Long-Term Effects Does a Felony Conviction Have in New York? ▼

  Felony convictions result in many negative long-term collateral effects of a conviction that far exceed the length of incarceration in prison; such as: mandatory disclosure in nearly all job applications, loss of professional licenses in regulated industries, loss of access to public housing, loss of eligibility for federal student loans, firearms restrictions in both federal and state law, and for non-U.S. citizens: possible deportation requirements. Therefore, for felony defendants, the collateral consequences evaluation is not secondary to the defendant's criminal defense — it is part of their defense.