Facing criminal charges in Orange County, NY can be a scary situation. You could be facing serious fines, penalties, and even jail time. However, some defendants believe that misdemeanor charges are not that serious.
Misdemeanor charges can still result in severe penalties, including jail time. Additionally, a misdemeanor can quickly turn into a felony in some cases. If you have been charged with a crime — even a misdemeanor — you should seek the help of a criminal defense lawyer.
What Is The Difference Between a Misdemeanor and a Felony?
Typically, misdemeanors are considered less serious crimes than felonies. The biggest differences between misdemeanors and felonies in New York are the penalties. Felonies can carry significantly heavier penalties than misdemeanors. Potential penalties include:
- Fines: Misdemeanors can carry fines of up to $1,000, while felonies can include much larger fines
- Jail time: Misdemeanors are punishable by up to 1 year in jail, while felonies can carry a sentence of up to life in prison
- Revocation of rights: Felonies can cause you to lose some of your rights, such as the right to vote or the right to own a firearm
- Diminished opportunities: If you are convicted of a felony, you could face fewer job opportunities and you might not be eligible for certain professional licenses
Even though felonies may carry stiffer penalties, the repercussions of a misdemeanor conviction should not be taken lightly.
What Are Some Examples of Misdemeanors?
There are many types of crimes that qualify as misdemeanors in New York. Some common examples of misdemeanor crimes are:
- Third-degree assault
- Driving with a suspended license
- Driving while intoxicated
- Public lewdness
- Petit larceny
- Reckless driving
- Third-degree bail jumping
- Issuing a bad check
- First-degree harassment
The criminal laws in New York are very specific about the types of activities that may qualify as a misdemeanor. In many situations, the specific facts of the case will determine whether misdemeanor or felony charges are appropriate.
How Can a Criminal Defense Lawyer Help Me With Misdemeanor Charges?
If you are facing misdemeanor charges, there are many ways a criminal defense lawyer can help you. Some things your lawyer can do for you include:
- Reviewing the facts of your case to determine if the charges are appropriate
- Negotiating a plea deal with the prosecution to help you avoid jail time
- Helping prevent the charges from being bumped up to a felony
- Arguing the admissibility of key evidence presented by the prosecution
- Interviewing witnesses and gathering evidence to refute the prosecution’s claims
- Advising you of all your legal options and advising you on the best strategy for your case
Having a lawyer on your side to protect your rights is crucial during criminal proceedings. Your rights do not end when an arrest is made. Your attorney can help ensure that your rights are protected throughout the criminal proceedings — even during a trial.
While you may be entitled to a public defender if you cannot afford an attorney, they often have loads of cases on their plate. Although they may do their best, they might not be able to give your case the personal time and attention that you deserve. This is why it is best to hire your own criminal defense lawyer if possible.
What Should I Do if I Am Arrested For a Misdemeanor?
Being arrested can be an extremely stressful situation, but you should do your best to remain calm. Do not resist the arrest, as this could lead to additional charges. Remember that you will get your day in court and have the opportunity to defend yourself against the charges.
Make sure that you invoke your right to remain silent. Inform the police that you wish to use your right to remain silent and that you want a lawyer. Some people believe that they can talk their way out of an arrest, but that is not the case. Talking during an arrest usually does more harm to your case than good.
Most people arrested for a misdemeanor can be released on bail pretty quickly. Once you are released, avoid contact with anyone else who may have been involved in the situation that led to your arrest. Those individuals could be called to testify against you later. Hire a lawyer and follow their advice regarding your case.
While out on bail, stay out of trouble! Keep a low profile, and let your attorney work on defending you. Your attorney may be able to negotiate a plea bargain, reduced charges, or another type of deal to help get you the best outcome in your case.
Contact an Orange County, NY Criminal Defense Lawyer For Help
While the penalties for a misdemeanor may not be as serious as those for a felony, you could still face fines and jail time. At Larkin Ingrassia Criminal Defense Attorneys we believe having an experienced criminal defense lawyer on your side could help keep you from serving time behind bars. Contact our law office today to let us help you put together a defense strategy for your misdemeanor charges. Give us a call at 845-566-5345 to let us get started helping you.