By: Passalacqua & Associates

How to Handle Petty Crimes and Misdemeanors Effectively

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Are You Facing a Petty Crime or Misdemeanor Charge?

If you are charged with a petty offense or with a misdemeanor in or near the Utica or Syracuse area, you will need the advice and services that a Syracuse misdemeanor defense attorney provides, and you will need to reach out to that attorney as quickly as possible.

Petty offenses in New York include a number of traffic violations and offenses like disorderly conduct and disturbing the peace. A misdemeanor is a crime that does not entail the possibility of prison but may be penalized upon conviction with a maximum sentence of one year in jail.

If you are charged with a petty offense or a misdemeanor in this state, you must take the charge seriously and contact a Syracuse petty offense lawyer at once. A misdemeanor or petty offense conviction will not send you to prison, but you could serve time in jail and pay a costly fine.

What Should You Know About Petty Offenses?

Petty offenses are the least serious offenses in the state’s justice system, and convictions for petty offenses are not considered criminal convictions. Nevertheless, the penalties for a petty offense conviction may include:

  1. up to fifteen days in jail (or up to forty-five days for some repeated petty offenses)
  2. fines, restitution, state surcharges, and/or
  3. community service

If you are charged with a petty offense, the police will not take your fingerprints or photograph. Because petty offenses are not considered criminal offenses, defendants do not have the right to a jury trial. When a defendant is convicted of a petty offense, that conviction is typically sealed, which means that it cannot be seen by prospective landlords or by most prospective employers.

What Should You Know About Misdemeanors?

Misdemeanors in New York are categorized as Class A misdemeanors, Class B misdemeanors, or unclassified misdemeanors. The sentence for an “unclassified” misdemeanor conviction depends on the details of the conviction but may include up to a year in jail and other penalties.

The sentence for a Class A misdemeanor conviction in this state may include up to a year in jail, probation for up to three years, and a fine of up to $1,000. A conviction for a Class B misdemeanor in New York State may be penalized with up to ninety days in jail.

Misdemeanor convictions appear on routine background checks conducted by prospective employers and landlords. However, misdemeanor convictions in New York State can usually be sealed after a period of ten years with help from a Syracuse misdemeanor defense attorney.

With only rare exceptions, New York does not expunge criminal convictions, and sealing a conviction does not destroy your criminal record. That record may still be seen by prosecutors, police agencies, and any agency in New York State that issues gun permits or firearm licenses.

What Should You Do if You’re Placed Under Arrest?

If you’re charged in or near the Syracuse or Utica area with a petty offense, you will probably not be arrested. Instead, you may be given a Criminal Court Summons instead of being taken to jail.

However, if you ignore a Criminal Court Summons, and you fail to appear in court, a warrant may be issued for your arrest, and your legal difficulties will become more serious. If you are placed under arrest for any reason, be polite and do not resist the police, but exercise your rights.

You don’t have to answer any questions the police ask you, even if you’ve been detained, arrested, or you’re already in jail. If you are charged with a misdemeanor or a petty offense, promptly contact a Syracuse petty offense lawyer for the legal advice and services you will need.

What Else Should You Know About Petty Offenses and Misdemeanors?

While you’re waiting for your case to be resolved, do not speak about your case to anyone except your attorney, and don’t even consider acting as your own attorney. The law is too complicated, and any mistake that you make could land you in jail, even for a petty offense or a misdemeanor.

Don’t admit anything to police officers or prosecutors, and do not agree to any “deal” before you’ve consulted your Syracuse criminal defense attorney. Then, let your defense attorney do the negotiating and talking on your behalf.

How Will Your Attorney Represent You?

Your attorney’s first step may be seeking to have the charge against you dropped by the prosecutor or to have the case dismissed by the court. If the charge can’t be dropped and the case cannot be dismissed, your attorney may negotiate for a plea arrangement that you can live with.

However, if you’ve been charged with a misdemeanor and you are innocent of the charge, you have the right to a trial by jury. If the case goes to trial, your attorney will cast doubt on the prosecution’s case, offer evidence in your defense, and ask the jurors to find you not guilty.

Your attorney will discuss and protect your rights, explain your legal options, fight for your best interests, and bring the case to its best possible resolution. You’ll be convicted of a petty offense or a misdemeanor only if the state can prove beyond a reasonable doubt that you’re guilty.

When You Need a Defense Lawyer’s Help, Call Passalacqua & Associates

If you are charged with a petty offense or a misdemeanor in the Utica or Syracuse area, where can you turn for help? Passalacqua & Associates has more than three decades of experience prevailing on behalf of those charged with petty offenses and misdemeanors in this state.

With law offices located in Syracuse, Utica, and Rome, Passalacqua & Associates will ensure that you’re treated justly and fairly by the court, whether you are charged with a petty offense, a misdemeanor, or a serious felony.

To learn more about your legal rights in New York State, or to secure the legal services you need right now, call us at 315-277-3548. The Passalacqua & Associates legal team will provide an initial evaluation of your petty offense or misdemeanor case with no cost or obligation.