By: Passalacqua & Associates

What Are Effective Legal Strategies For Defending Against Misdemeanor Charges?

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What Should I Do If I Am Charged With a Misdemeanor?

Your life has been irreversibly changed if you have been charged with a misdemeanor. What might have been a momentary decision has set off a chain reaction of frightening, confusing, and uncertain events. Many assume that because misdemeanor charges are not felonies, they are not to be taken seriously, which is a mistake. Misdemeanor charges on your criminal record will haunt you for the rest of your life. It can affect your ability to obtain the job you want, strain relationships, and, if mismanaged, cost you financially.

In New York, you have options. Passalacqua & Associates LLC knows how the system works. We have a track record of success and understand the upheaval you and your loved ones are facing. A criminal conviction impacts you and your entire family emotionally and financially. It is our job to mitigate those damages. Let our compassionate and knowledgeable criminal defense lawyers be there to help you as you tread this path. Your future is worth fighting for. Call Passalacqua & Associates LLC for a free consultation. 315-500-6425.

Are There Different Classes of Misdemeanor Charges in New York Law?

There are three classes of misdemeanor charges in the New York penal code:

  • Class A: Punishable with a maximum of 1 year in jail or 3 years probation and a fine of $1,000
  • Class B: Punishable with a maximum of 3 months in jail, 1 year probation, and $500 fine
  • Unclassified: An unclassified offense is any offense that is not defined by the penal code and may be punished by a jail sentence of at least 15 days but not more than 1 year

What Types of Crimes Are Considered Misdemeanors?

Many different crimes fall under the umbrella of misdemeanor charges. Remember that these charges are serious; if you are charged repeatedly, they will be bumped into felony charges. It is imperative that you take every charge seriously.
Some examples of misdemeanor crimes are:

Class A

  • Creating graffiti with prior permission of the property owner
  • Accessing a computer network without authorization, known colloquially as “hacking”
  • Theft of less than $1,000
  • Petty theft- including shoplifting
  • 3rd-degree assault
  • 4th-degree criminal possession of a weapon

Class B

  • Public lewdness
  • Selling fireworks without a permit
  • Loitering with the intent to do illegal drugs
  • 5th-degree marijuana possession
  • 1st-degree prostitution

Unclassified

  • Driving with a suspended license
  • Reckless driving
  • Driving while intoxicated

How Can a Criminal Defense Attorney Help Me with My Misdemeanor Charge?

Misdemeanor charges have a lasting impact on your criminal record. Under New York state law, they cannot be expunged. So once you are convicted, they are part of your life. The impact is real. These records can be accessed by potential employers, landlords, licensing boards, and educational institutions. If you apply for a loan and someone runs a credit check, they can also find your criminal records. A robust criminal defense team is essential to ensuring your reputation stays intact.

There are many ways that a defense attorney can help you. One of the most challenging aspects of a criminal defense case is navigating the complex New York legal system. It is tricky, and without the guidance of a knowledgeable team that understands the system’s quirks, twists, and turns, it is easy to get lost.

Many people facing criminal charges mistakenly believe that the cost of hiring a criminal defense attorney is prohibitive and not worth it when they can easily defend themselves. Building a robust defense against criminal charges takes a savvy team of legal professionals. A strong criminal defense lawyer can:

  • File all appropriate paperwork on time and in the proper jurisdiction
  • Find and interview witnesses.
  • Investigate witnesses and their statements.
  • Scrutinize police actions and behavior.
  • Develop strategies suited to your case.
  • Custom tailor a legal resolution.
  • Assess plea offers and potential trial outcomes.
  • Serve as a buffer between you and the prosecution team.
  • Guide you seamlessly through every step of the process.

Are There Alternatives to Jail Sentences for Misdemeanors?

New York State is working on reducing its jail population by expanding access to:

  • Mental health care
  • Substance abuse treatment
  • Vocational education and support
  • Trauma-informed counseling

These services are being offered to individuals with open criminal cases. These programs are often referred to as Alternative to Incarceration (ATI) programs. According to the Mayor’s Office of Criminal Justice, since the ATI programs have been in effect, the number of people who went to jail has decreased by 29%.

A dedicated and knowledgeable legal team will be able to advocate for you and determine if you are eligible to participate in any of these programs and fight for your rights. At Passalcqua & Associates, LLC, we are on your side. We fight for you.

When Should I Call A Criminal Defense Attorney?

Facing misdemeanor charges is a frightening prospect. The ramifications of a conviction can be life-changing. A conviction will affect your finances, the well-being of your family, and those who love and care for you.

The best way to mitigate the damage is to employ the services of a skilled and knowledgeable criminal defense attorney on your side from day one. Passalacqua & Associates LLC believes in providing clients with a robust legal defense. We build personal relationships with our clients and provide constant compassionate support throughout the legal process.

Your future is worth fighting for. Everyone makes errors, and everyone deserves a chance to make it right. Be proactive; take the first step. Call Passalacqua & Associates LLC for a detailed case evaluation at 315-500-6425