What is the difference between a misdemeanor and a felony in New York
New York distinguishes criminal offenses by severity, with the most fundamental line drawn between misdemeanors and felonies. A misdemeanor is a crime punishable by a jail term of up to one year, while a felony carries the potential for a state prison sentence of more than one year. The classification affects not only the length of any incarceration but also where the case is heard — misdemeanor cases typically proceed in local criminal courts, while felony charges are adjudicated in the county-level Supreme Court. Understanding the difference is essential for anyone facing charges or seeking to understand New York’s criminal justice system. Law Offices Of SRIS, P.C. Concentrates on criminal defense and represents clients across New York, offering experienced guidance whether a charge is a violation, a misdemeanor, or a range of felony classes. To discuss your situation, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
New York’s Criminal Classification System
New York law divides offenses into three broad categories: violations, misdemeanors, and felonies. Violations, such as disorderly conduct, are not crimes and result in a fine or a short jail term of up to 15 days. For this reason, a violation does not create a criminal record in the same way a misdemeanor or felony conviction does.
Misdemeanors are divided into Class A and Class B. A conviction generally exposes a defendant to a jail term of up to one year for a Class A misdemeanor, while a Class B misdemeanor carries a maximum sentence of three months. These cases are handled in local criminal courts — for example, the Criminal Court of the City of New York in the five boroughs. Importantly, a person convicted of a misdemeanor retains civil rights such as voting and firearm possession, though the conviction can still appear on background checks.
Felonies are the most serious charges. They range from Class E, the least severe, to Class A-I, the most serious, with sentences that can span from one to three years of state prison time up to life imprisonment. Felony prosecutions begin with an arraignment and may involve a grand jury indictment. The case then moves to the county’s Supreme Court, where a jury trial may occur unless the matter is resolved by plea. Under New York’s “Raise the Age” law, most 16- and 17-year-old defendants who are charged with felonies now have their cases heard in the Family Court, a reflection of the state’s recognition that younger defendants should not automatically face the adult criminal system.
How Mr. Sris and His Of Counsel Handle Criminal Cases
When Mr. Sris and his Of Counsel team take on a criminal matter in New York, they begin by examining the charge — whether it is a misdemeanor, a felony, or a hybrid case where the prosecutor retains discretion on how to file. The first priority is always the client’s immediate liberty: addressing bail or release conditions, which in New York are governed by the 2020 bail reform law that eliminated cash bail for most misdemeanors and non-violent felonies. Mr. Sris and his Of Counsel focus on presenting a strong case at the arraignment to secure a release on recognizance or the least restrictive conditions possible.
The defense strategy differs sharply between a misdemeanor and a felony. For a misdemeanor, the team may seek an Adjournment in Contemplation of Dismissal (ACD), where the charge is effectively put on hold for a set period and then dismissed if the defendant stays out of trouble. For felonies, the process involves a preliminary phase that can include a grand jury presentation, motion practice, and careful negotiation with the district attorney’s office. The firm leverages its multi-state experience and the prosecutorial background of Mr. Sris, a former prosecutor, to evaluate evidence, challenge procedural missteps, and work toward resolutions that minimize the long-term impact on a client’s record and livelihood.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris brings an insider’s understanding of how the prosecution builds a case — which is particularly valuable when navigating the charge classification decisions that can move a case from a misdemeanor to a felony track. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in criminal matters. Results may vary. The firm’s collective practice covers all levels of New York criminal courts, from local criminal courts to the Supreme Court. Every member of the firm concentrates on providing thorough representation without making promises about results. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
Frequently Asked Questions
What determines whether a crime is a misdemeanor or a felony in New York?
New York places a crime in the felony or misdemeanor category based on its seriousness as defined by the Penal Law. The legislature sets the classification for each offense. For example, petit larceny (theft of property worth $1,000 or less) is a Class A misdemeanor, while grand larceny in the fourth degree (theft valued between $1,000 and $3,000) is a Class E felony. The classification directly determines the potential sentence and the court in which the case will be heard. While the district attorney has some discretion in how charges are filed, the statutory framework is the ultimate guide. For a thorough evaluation of your specific charge, consult an attorney familiar with New York criminal law.
How does a felony conviction differ from a misdemeanor conviction in terms of long-term consequences?
A felony conviction carries more severe and lasting consequences than a misdemeanor. A person convicted of a felony in New York can lose the right to vote (restored upon release from prison), the right to serve on a jury, and the right to possess firearms. Misdemeanor convictions generally do not strip these civil rights. Both types of convictions can appear on criminal background checks and affect employment opportunities, professional licensing, and housing. However, under certain circumstances, New York law allows for sealing of some convictions — a legal process that an experienced defense lawyer can explain in detail. The collateral consequences of any criminal charge merit careful attention from the start of a case.
What is an Adjournment in Contemplation of Dismissal (ACD) and when is it used?
An ACD is a New York disposition in which a criminal case is adjourned for a set period — typically six months or one year — and then automatically dismissed if the defendant stays out of trouble and complies with any court-imposed conditions. An ACD is most commonly granted in misdemeanor cases for first-time offenders, though it is also available for certain felony charges in limited circumstances. The advantage is that there is no conviction and, after dismissal, the record is generally sealed. ACDs are frequently used in drug possession, shoplifting, and other low-level offenses. Not every defendant qualifies; the decision rests with the court and the prosecution. Mr. Sris and his Of Counsel work with clients to determine whether an ACD is a viable resolution path.
Will I have a criminal record if I am convicted of a misdemeanor in New York?
A misdemeanor conviction in New York does create a criminal record. It will appear on background checks unless it is later sealed. New York’s sealing law, codified in CPL § 160.59, allows for the sealing of up to two eligible convictions, but certain offenses — including sex crimes, violent felonies, and some Class A felonies — are excluded. The process requires a motion to the court and is not automatic. Even with sealing, law enforcement agencies may still have access to the sealed records. Anyone concerned about the long-term impact of a misdemeanor conviction should discuss eligibility for sealing with a defense attorney early, as the path to sealing begins with the outcome of the case.
Does New York treat juvenile offenders differently for felonies and misdemeanors?
New York’s “Raise the Age” law significantly changed how the courts handle cases involving 16- and 17-year-old defendants. Effective 2018 and 2019, most 16- and 17-year-olds charged with misdemeanors are now processed in Family Court rather than in the adult criminal system, emphasizing rehabilitation over punishment. For felony charges, 16- and 17-year-olds are now considered “adolescent offenders” and their cases typically begin in the Youth Part of the Superior Court, where judges have specialized training to handle young defendants. Depending on the facts, the case may be transferred to Family Court. This framework aims to protect young people from the lifelong stigma of a criminal record while still holding them accountable for serious offenses.
For cases and questions involving New York’s criminal classification, official resources are available from the New York State Unified Court System at https://www.nycourts.gov/ and the New York State Senate’s Penal Law online at https://www.nysenate.gov/legislation/laws/PEN. Regulations governing criminal procedure can be found at https://www.nycourts.gov/rules/.
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