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New York Misdemeanor Lawyer

In New York State, a "Misdemeanor" means an offense, other than a traffic infraction, "for which a sentence to a term of imprisonment in excess of fifteen (15) days may be imposed, but for which a sentence to a term of imprisonment in excess of one (1) year can not be imposed.

In New York State, there are three (3) classes of Misdemeanors: "A" Misdemeanors, "B" Misdemeanors, and "Unclassified" Misdemeanors.   

Class "A" Misdemeanors are punishable by up to one (1) year in jail,  three (3) years of probation, and up to a fine in the amount of $1,000.00 or twice the amount of the individual's gain from the crime may be imposed.   Some examples of Class "A" Misdemeanors are Assault in the 3rd Degree, Criminal Mischief in the 4th Degree, Criminal Contempt in the 2nd Degree, Petit Larceny, and Criminal Possession of a Controlled Substance in the 7th Degree.   

Class "B" Misdemeanors are punishable by up to ninety (90) days in jail, one (1) year of probation, and up to a fine in the amount of $500.00 or twice the amount of the individual's gain from the crime may be imposed.  Some examples of Class "B" Misdemeanors include Menacing in the 3rd Degree, Criminal Trespass in the 3rd Degree, Reckless Endangerment of Property, and False Personation.

"Unclassified" Misdemeanors are any offenses not defined in the Penal Law (other than a traffic violation) for which a sentence of imprisonment  of greater than fifteen (15) days but not in excess of one year may be imposed.  Some examples of   Unclassified Misdemeanors in include Driving While Intoxicated, Driving With a Suspended License in the 2nd or 3rd Degree and Speed Contest.  

Regardless of whether you were arrested for a DWI in Levittown, Driving with a Suspended License in Massapequa, Criminal Mischief in Wantagh, Marijuana Possession/Sale in Bellmore,  Petit Larceny at the Roosevelt Field Mall in Garden City, Credit Card Fraud at the Walt Whitman Mall in Huntington, or Identity Theft at the Green Acres Mall in Valley Stream, you need to call Michael A. Arbeit, P.C. immediately for a free and confidential consultation.  Mr. Arbeit is an excellent choice for a Misdemeanor Long Island Criminal Defense Attorney.

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In Nassau County, all Non-Indicted Arraignments are held at the First District Courthouse located at 99 Main Street, Hempstead, New York 11550.  Arraignments are also held at the City of Glen Cove located at 13 Glen Street, Glen Cove, New York 11542 and the City of Long Beach located at One West Chester Street, Long Beach, New York 11561.   

In Suffolk County, all Non-Indicted Arraignments are held at the First District Courthouse located at the John P. Cohalan, Jr. Court Complex, 400 Carleton Avenue, Central Islip, NY 11722.

In Queens County, all Non-Indicted Arraignments are held at the Queens Criminal Court Building located at 125-01 Queens Boulevard, Kew Gardens, New York 11415.    

If you were recently arrested or charged with any type of  a Misdemeanor Crime, contact Michael A. Arbeit, P.C. immediately so that we can formulate an effective defense strategy to protect your rights and livelihood.

For many first offenders, the District Attorney's Office may consent to an application for an Adjournment in Contemplation of Dismissal (also know as an ACOD or ACD).  It is a deferred prosecution in which if the defendant stays out of trouble for a period of time (usually 6 months or 1 year), the case will be dismissed a s a matter of law. New York State Criminal Procedure Law Sections 170.55 and 170.56 pertain to ACOD's.         

   Section 170.55 Adjournment in contemplation of dismissal.

  1.  Upon  or  after  arraignment  in  a  local  criminal court upon an
  information, a simplified information, a prosecutor's information  or  a
  misdemeanor  complaint,  and before entry of a plea of guilty thereto or
  commencement of a trial thereof, the  court  may,  upon  motion  of  the
  people or the defendant and with the consent of the other party, or upon
  the  court's  own  motion  with  the  consent of both the people and the
  defendant, order that the  action  be  "adjourned  in  contemplation  of
  dismissal," as prescribed in subdivision two.
    2.  An  adjournment in contemplation of dismissal is an adjournment of
  the action without date ordered with a view to ultimate dismissal of the
  accusatory instrument in furtherance of justice. Upon  issuing  such  an
  order,  the  court  must  release the defendant on his own recognizance.
  Upon application of the people, made at  any  time  not  more  than  six
  months, or in the case of a family offense as defined in subdivision one
  of  section 530.11 of this chapter, one year, after the issuance of such
  order,  the  court  may  restore  the  case  to  the  calendar  upon   a
  determination  that  dismissal of the accusatory instrument would not be
  in furtherance of justice, and the action must thereupon proceed. If the
  case is not so restored within such six months or one year  period,  the
  accusatory  instrument  is,  at the expiration of such period, deemed to
  have been dismissed by the court in furtherance of justice.
    3. In conjunction with an adjournment in  contemplation  of  dismissal
  the  court may issue a temporary order of protection pursuant to section
  530.12 or 530.13 of this chapter, requiring  the  defendant  to  observe
  certain specified conditions of conduct.
    4. Where the local criminal court information, simplified information,
  prosecutor's  information,  or  misdemeanor complaint charges a crime or
  violation between spouses  or  between  parent  and  child,  or  between
  members  of  the  same  family or household, as the term "members of the
  same family or household" is  defined  in  subdivision  one  of  section
  530.11  of  this chapter, the court may as a condition of an adjournment
  in  contemplation  of  dismissal  order,  require  that  the   defendant
  participate  in  an educational program addressing the issues of spousal
  abuse and family violence.
    5. The court may grant an adjournment in contemplation of dismissal on
  condition that the  defendant  participate  in  dispute  resolution  and
  comply with any award or settlement resulting therefrom.
    6.  The court may as a condition of an adjournment in contemplation of
  dismissal order, require the defendant to perform services for a  public
  or  not-for-profit corporation, association, institution or agency. Such
  condition may only be imposed where the defendant has consented  to  the
  amount  and  conditions  of  such service. The court may not impose such
  conditions in excess of the length of the adjournment.
    6-a. The court may, as a condition of  an  authorized  adjournment  in
  contemplation of dismissal, where the defendant has been charged with an
  offense  and  the  elements  of  such  offense  meet  the criteria of an
  "eligible offense" and such person qualified as an "eligible person"  as
  such  terms  are  defined  in  section four hundred fifty-eight-l of the
  social  services  law,  require  the  defendant  to  participate  in  an
  education  reform  program  in  accordance  with  section  four  hundred
  fifty-eight-l of the social services law.
    7. The court may, as a condition of an adjournment in contemplation of
  dismissal order, where a defendant is under twenty-one years of age  and
  is  charged  with  (a)  a misdemeanor or misdemeanors other than section
  eleven hundred ninety-two of the vehicle and traffic law, in  which  the
  record  indicates  the  consumption of alcohol by the defendant may have
  been a contributing factor, or (b)  a  violation  of  paragraph  (a)  of
  subdivision  one  of  section  sixty-five-b  of  the  alcoholic beverage
  control law, require  the  defendant  to  attend  an  alcohol  awareness
  program  established pursuant to subdivision (a) of section 19.07 of the
  mental hygiene law.
    8.  The granting of an adjournment in contemplation of dismissal shall
  not be deemed to be a conviction or an admission  of  guilt.  No  person
  shall  suffer any disability or forfeiture as a result of such an order.
  Upon the  dismissal  of  the  accusatory  instrument  pursuant  to  this
  section,  the  arrest  and prosecution shall be deemed a nullity and the
  defendant shall be restored, in contemplation of law, to the  status  he
  occupied before his arrest and prosecution.
    9.  Notwithstanding  any  other provision of this section, a court may
  not issue an order adjourning an action in contemplation of dismissal if
  the offense is for a violation of the vehicle and traffic law related to
  the operation of  a  motor  vehicle  (except  one  related  to  parking,
  stopping  or standing), or a violation of a local law, rule or ordinance
  related to the operation of a  motor  vehicle  (except  one  related  to
  parking,  stopping  or  standing),  if such offense was committed by the
  holder of a commercial driver's license or was committed in a commercial
  motor vehicle, as defined in subdivision four of  section  five  hundred
  one-a of the vehicle and traffic law.

Section 170.56 Adjournment in contemplation of dismissal in cases involving marihuana.
  1.   Upon or after arraignment in  a  local  criminal  court  upon  an
  information,  a  prosecutor's  information  or  a misdemeanor complaint,
  where  the  sole  remaining  count  or  counts  charge  a  violation  or
  violations  of  section  221.05, 221.10, 221.15, 221.35 or 221.40 of the
  penal law  and  before  the  entry  of  a  plea  of  guilty  thereto  or
  commencement of  a trial thereof, the court, upon motion of a defendant,
  may  order that all proceedings be suspended and the action adjourned in
  contemplation of dismissal, or upon a finding that adjournment would not
  be necessary or appropriate and the setting forth in the record  of  the
  reasons  for  such  findings,  may dismiss in furtherance of justice the
  accusatory instrument; provided, however, that the court may  not  order
  such adjournment in contemplation of dismissal or dismiss the accusatory
  instrument  if:  (a)  the  defendant  has  previously  been granted such
  adjournment in contemplation of dismissal,  or  (b)  the  defendant  has
  previously  been  granted  a  dismissal  under  this section, or (c) the
  defendant  has  previously  been  convicted  of  any  offense  involving
  controlled   substances,  or  (d)  the  defendant  has  previously  been
  convicted of a crime and the district attorney does not consent  or  (e)
  the defendant has previously been adjudicated a youthful offender on the
  basis  of  any  act  or  acts  involving  controlled  substances and the
  district attorney does not consent.
    2.  Upon ordering the action adjourned in contemplation of  dismissal,
  the  court  must  set and specify such conditions for the adjournment as
  may  be  appropriate,  and  such  conditions  may  include  placing  the
  defendant under the supervision of any public or private agency.  At any
  time prior to dismissal the court may modify the conditions or extend or
  reduce  the  term  of  the  adjournment, except that the total period of
  adjournment shall not exceed twelve  months.    Upon  violation  of  any
  condition fixed by the court, the court may revoke its order and restore
  the case to the calendar and the prosecution thereupon must proceed.  If
  the  case  is not so restored to the calendar during the period fixed by
  the court, the accusatory instrument  is,  at  the  expiration  of  such
  period, deemed to have been dismissed in the furtherance of justice.
    3.    Upon  or after dismissal of such charges against a defendant not
  previously convicted of a crime, the court shall order that all official
  records and papers, relating to the defendant's arrest and  prosecution,
  whether  on  file with the court, a police agency, or the New York state
  division  of  criminal  justice  services,  be  sealed  and,  except  as
  otherwise provided in paragraph (d) of subdivision one of section 160.50
  of  this  chapter, not made available to any person or public or private
  agency; except, such records shall be made available under  order  of  a
  court for the purpose of determining whether, in subsequent proceedings,
  such  person qualifies under this section for a dismissal or adjournment
  in contemplation of dismissal of the accusatory instrument.
    4.  Upon the granting of an order pursuant to subdivision  three,  the
  arrest and prosecution shall be deemed a nullity and the defendant shall
  be  restored,  in contemplation of law, to the status he occupied before
  his arrest and prosecution.

 


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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