Criminal Charges, Criminal Law, Violations, Misdemeanors, Felonies Explained by Criminal Attorney James Nobles, Former Prosecutor, Rochester, New York

In New York State there are 3 classifications of offenses:

violations (punishable up to 15 days in jail)
misdemeanors (punishable up to a maximum of 1 year in jail)
felonies (punishable by any state prison sentence of more than 1 year)

There is a significant difference between a violation and a misdemeanor. A violation is not a
criminal conviction and the record is generally sealed. If convicted of a violation, you can
honestly state that you have not been convicted of a crime on a school or employment
application. Misdemeanors and felonies are criminal convictions that stay on your
record for the rest of your life.

Criminal charges can range from the First Degree to Seventh Degree. The lower the
degree, the more serious the charge, for example, a First Degree charge is more serious
than a Third Degree charge. The same is true for the alphabetical letters that accompany
the charges, an “A” is the most serious charge. Felonies run from A-1 through E, and
misdemeanors are either A or B.

Hiring an experienced criminal attorney, such as Mr. Nobles, early in the process
can greatly increase your chances of having a felony or misdemeanor reduced to a
lesser charge or to a lower level, reducing your sentencing penalties, and potentially
eliminating the consequences associated with a criminal record.

Below are brief definitions of the most common charges in alphabetical order, as well as
some common legal terms.

ASSAULT :: Intentionally causing physical injury to another person. Assault can be either a
felony or a misdemeanor depending on whether (and what kind of) a weapon was used
and how badly the victim was injured.

BURGLARY :: Entering, or unlawfully remaining, in a building with the intent to commit a
crime inside. The intent to commit the crime must exist at the time of entry but it is not
necessary for any crime to actually be carried out. Burglary can be either a B, C or D felony
depending on whether (and what kind of) a weapon was used and whether someone was
injured.

CRIMINAL CONTEMPT :: The violation of a court order of protection -- either “no contact”
or “no offensive contact.” Criminal contempt can either be a misdemeanor or a felony
depending on the nature of the violation.

CRIMINAL POSSESSION/SALE OF CONTROLLED SUBSTANCES OR MARIJUANA ::
Criminal possession/sale encompasses owning, holding, selling or controlling any amount of
illegal drugs. The type and quantity of the drugs influence the level of crime charged and
whether it is a misdemeanor or a felony. Marijuana has its own misdemeanor and felony
parameters, which are generally not as severe as other drugs such as crack cocaine or
heroin. Below are some important legal terms used in these cases:
- Automobile Presumption :: Every person in a car where drugs are found can be charged
with possession of the drugs, unless the drugs were hidden on one of the occupants.
- Room Presumption :: Any drugs in open view in a room are presumed to be possessed
by each and every person in close proximity to them at the time the drugs were found,
unless the drugs were hidden on one of the occupants.
- Buy & Bust :: A buy and bust case involves an undercover officer purchasing drugs from a
seller and then notifying a nearby backup team with a description of the seller. Upon
arrest, the seller may be found to possess additional drugs or the marked "buy money."
- Observation Sale :: An observation sale is when an officer personally observes a drug
transaction but does not participate in it.

CRIMINAL POSSESSION OF A WEAPON :: Weapons possession can come in a variety of
counts, ranging from misdemeanors to felonies, based on the specific facts of the case.
There are a number of factors that determine the specific charges. The most serious count
is Criminal Possession of a Weapon in the Second Degree, which is when a person is
charged with having an unlicensed, loaded handgun outside of the home or place of
business.

DISORDERLY CONDUCT :: Disorderly conduct encompasses a wide range of behavior
considered offensive to public order. Disorderly conduct is a violation and may be offered in
a plea bargain as an alternative to a misdemeanor.

DRIVING WHILE INTOXICATED (DWI, DUI) :: See DWI Page

HARASSMENT :: Harassment is communicating with a person in a manner likely to cause
annoyance or alarm, placing a person in reasonable fear of physical injury, or making a
telephone call with no purpose of legitimate communication. Harassment can be either a
misdemeanor or violation depending on the nature of the conduct.

HOMICIDE :: Homicide encompasses several different types of murder as well as
manslaughter. All of these counts include an action, intentional, reckless or negligent, that
ultimately results in the death of another person. Homicides are complex crimes to defend,
varying greatly on of the specific facts of the case and the particular crime charged. All
homicide charges are felonies.

LARCENY :: Larceny is wrongfully taking or withholding another person's property with the
intent to permanently deprive the owner of that property. Larceny can be either a felony
(Grand) or misdemeanor (Petit) depending on the value of what was stolen.

MENACING :: Menacing is displaying a weapon or engaging in a behavior that intentionally
places another person in reasonable fear of physical injury or death. Menacing can be
either a felony or misdemeanor depending on whether the defendant has previously been
convicted of menacing within the last ten years.

RAPE :: Rape encompasses a variety of acts: stranger rape, date rape,consensual sex
with someone under 17, or consensual sex with someone who is mentally impaired (with
permanent mental defects or impaired by drugs or alcohol). Rape cases are factually and
scientifically complex and require very astute counsel. All rape charges are felonies.

ROBBERY :: Robbery is stealing with force. Force or intimidation is required and the
property must have been taken from the victim's person or some location reasonably close
to the victim. Robbery can be either a B, C or D felony depending on whether (and what
kind of) a weapon was used and if someone was injured.