Is There a Major Difference Between Felony and Misdemeanor in New York?

By Spodek Law Group
July 6, 2024
5 min read
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Is There a Major Difference Between Felony and Misdemeanor in New York?

When it comes to criminal charges in New York, understanding the difference between felonies and misdemeanors is CRUCIAL. At Spodek Law Group, we've seen firsthand how these distinctions can dramatically impact our clients' lives. Let's dive into the nitty-gritty of felonies vs. misdemeanors in the Empire State.

The Basics: Felony vs. Misdemeanor

First things first - yes, there IS a major difference between felonies and misdemeanors in New York. Think of it like this: if misdemeanors are a stubbed toe, felonies are a broken leg. Both hurt, but one's gonna keep you down a lot longer.Here's a quick breakdown:
Aspect Misdemeanor Felony
Maximum Jail Time Up to 1 year More than 1 year
Where Served Local jail State prison
Long-term Impact Moderate Severe
Voting Rights Usually retained May be lost
Gun Ownership May be restricted Usually prohibited
But that's just scratching the surface. Let's dig deeper, shall we?

Misdemeanors: The "Lesser" Evil

Don't let the word "lesser" fool you. Misdemeanors in New York are no walk in the park. We've seen clients underestimate these charges and end up in hot water.Misdemeanors in NY are divided into three categories:
  1. Class A Misdemeanors: The big kahunas of misdemeanors. Think petit larceny or simple assault.
  2. Class B Misdemeanors: A step down, but still serious. This might include trespassing or harassment.
  3. Unclassified Misdemeanors: These are wild cards, with penalties that vary.
The max sentence for a Class A misdemeanor? One year in jail. That's 365 days behind bars, folks. Not exactly a slap on the wrist.But here's the kicker - misdemeanors stay on your record. That means every time you apply for a job, rent an apartment, or try to get a loan, that misdemeanor could come back to haunt you. It's like having a ghost following you around, popping up at the most inconvenient times.

Felonies: The Heavy Hitters

Now, let's talk about felonies. These are the charges that keep our phones ringing off the hook at Spodek Law Group. Why? Because the stakes are MUCH higher.In New York, felonies are categorized from Class E (least severe) to Class A (most severe). Here's a quick rundown:
Felony Class Example Potential Sentence
Class E Criminal mischief Up to 4 years
Class D Grand larceny Up to 7 years
Class C Burglary Up to 15 years
Class B Manslaughter Up to 25 years
Class A Murder Life in prison
See why we take these cases so seriously? A felony conviction can literally change the course of your entire life.But it's not just about jail time. Felony convictions in New York come with a whole host of other consequences:
  • Loss of voting rights (in some cases)
  • Difficulty finding employment
  • Restrictions on professional licenses
  • Loss of gun ownership rights
  • Potential deportation for non-citizens
It's like dominoes - one felony conviction can knock down every aspect of your life.

The Gray Area: Wobblers

Now, here's where things get interesting. Some crimes in New York are what we call "wobblers". These are offenses that can be charged as either misdemeanors or felonies, depending on the circumstances.For example, let's say you're charged with assault. If it's a simple punch thrown in a bar fight, it might be a misdemeanor. But if you used a weapon? Now we're in felony territory.This is where having a skilled attorney (like us at Spodek Law Group) can make all the difference. We've successfully argued to have felony charges reduced to misdemeanors, saving our clients from the harsh consequences of a felony conviction.

The Long-Term Impact: Life After Conviction

Here's something many people don't realize - the difference between a felony and misdemeanor conviction can echo through your life long after you've served your time.With a misdemeanor:
  • You might face some job hurdles, but many employers will still consider you
  • You can usually still vote and serve on juries
  • You can typically still own a firearm (with some exceptions)
But with a felony:
  • Many jobs will be off-limits, especially in fields like law enforcement or education
  • You may lose your right to vote (though NY has been working to restore these rights)
  • Owning a firearm? Forget about it.
It's like the difference between a speed bump and a roadblock. One slows you down, the other stops you in your tracks.

How We Can Help

Look, we get it. Facing any criminal charge is scary. But that's why we're here. At Spodek Law Group, we've been fighting for our clients' rights for years. We know the New York criminal justice system inside and out.Whether you're facing a misdemeanor or a felony charge, we'll fight tooth and nail for you. We've got offices in NYC and Los Angeles, but we handle cases nationwide. Our phone lines are open 24/7 at 212-300-5196.Remember, the difference between a felony and a misdemeanor in New York is huge. But with the right legal team on your side, you can navigate these treacherous waters. Don't let a criminal charge derail your life. Give us a call. Let's fight this together.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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