NATIONALLY RECOGNIZED FEDERAL LAWYERS
Misdemeanors & Felonies
|Last Updated on: 2nd September 2023, 06:01 pm
While it is a normal procedure for criminal offenses by children aged 16 and under to be handled in a New York Family court, there are exceptions to this rule. Children as young as ages 13-15 can face a more serious judicial setting than a Juvenile Delinquency hearing when they commit certain serious crimes. There is also the chance that perpetrators of the most serious criminal offenses can be tried as adults despite their young age.
The decision to handle children in adult court is a reflection of the seriousness of the crime committed by the child. Another consideration is the fact the juvenile justice system is often not equipped to mete out the higher levels of punishment and supervision necessary to properly address some serious offenses.
The most information-rich sections of juvenile crime laws in New York are contained in section 722.20 of New York Criminal Procedure Law and section 10 of New York Penal Law. The NYCPL explains the procedures that should be used when a juvenile commits a crime in New York. The NYPL identifies who is designated a juvenile for the purposes of criminal prosecution in the state.
Serious Crimes by Juveniles
Youthful offenders aged 13-16 years old can be tried as adults in the state of New York when one of the following circumstances applies to a serious crime committed by the offender.
- Second degree murder when it is found to be a sexually motivated felony. Offenders 13 years or older can be tried as adults in these types of cases.
- Second degree murder that accompanies another crime in which a child may be tried as an adult. Offenders 14 and over are subject to this stipulation.
- First degree kidnapping
- First degree arson
- First degree assault
- First degree manslaughter
- First degree rape
- First degree criminal sexual acts
- First degree aggravated sexual abuse
- First degree burglary
- Second degree burglary
- Second degree arson
- First degree robbery
- Second degree robbery
An underaged person charged with any of the above crimes is subject to prosecution as an adult in the state of New York. The age for adult prosecution begins at 13 in the state and is applicable without a prior criminal history, history in Family Court, or history of causing trouble at school.
The Criminal Process
The course a prosecutor takes in regards to his or her decision as to whether a youthful offender will be tried an adult may be greatly influenced by the jurisdiction in which the crime took place. Some jurisdictions have been historically tough on juveniles who commit serious crimes while others tend to allow them to retain the legal protections they have as juveniles in the state.
As difficult as it may be to imagine a child as young as 13 spending the rest of his or her life in prison, that is the maximum sentence that can be assessed toward a juvenile for crimes of a serious nature in New York State. It is of utmost importance that a child accused of any of the crimes listed above find a lawyer to represent them that possesses sufficient knowledge of the laws regarding the child’s particular case. The attorney should also be familiar with the unique set of circumstances caused by the youth of the offender who stands accused of the crimes. Finally, a lawyer is needed that has the compassion to understand and respect the fragility of the child facing the accusations.
The Need for an Advocate
Children who are accused of committing serious felony offenses face having their entire future taken away from them. It is incumbent upon the adults in the child’s life to exercise intelligence, preparation, and diligence in their efforts to protect the child from long-term incarceration and a severely damaged life.
It is the belief of the lawyers working for our firm that a mistake by a child should not cost him or her their life regardless of the seriousness of that mistake. If a child you love is facing prosecution for a serious crime in New York, you should contact us for a free evaluation as soon as possible.
Actions that violate the law in New York are classified according to their seriousness as determined by the New York State Penal Law. These classifications of actions that break the law have their corresponding consequences and penalties that come in the form of a fine, jail time, probation which allows you to go home with the condition of good behavior and supervision or community service.
Misdemeanors and violations are the lowest major categories of lawbreaking that they do not include prison time. However, it does include jail time.
What is a Violation
Violations are the lower of the two offenses with sentences that go up to 15 days and no more. Other than a traffic infraction, it includes offenses such as harassment, trespass and disorderly conduct. If a person is arrested for having committed a violation, that person may be taken in custody and be issued a ticket to appear in court at a certain date and time.
Other offenses considered as violations are unlawful posting of advertisement, failing to respond to an appearance ticket, unlawful possession of marijuana and appearance in public under the influence of narcotics or a drug except for alcohol.
A violation is not considered a crime. It is considered a petty offense.
What is a Misdemeanor
A misdemeanor is more serious than a violation but less than a felony, a higher category of offense. Misdemeanors are violations that are punishable by jail time of more than 15 days but less than a year. It may also mean a penalty fine of up to $1,000 or a probation duration of two to three years. A conditional discharge may also be given following an Order of Protection which is also known as a restraining order or temporary immunity to re-arrest.
A misdemeanor is a crime with three sub-classifications. It’s either a class A, B or considered Unclassified.
Misdemeanor Class A results in the full extent its class of offense. Class B misdemeanor in New York is slightly less serious with a maximum of 90 days of jail time, a maximum of a $500 fine or some conditional discharge.
Misdemeanor Class B includes issuing abortion articles, unlawful possession of radio devices, reckless endangerment of property, unauthorized sale of certain transportation services or prostitution.
Other Class B misdemeanor offenses include unlawful assembly, public lewdness, adultery, creating a hazard, unlawful possession or selling of noxious materials including unlawful dealing with fireworks. The range includes both acts of commission and omission that leads to public harm.
Unclassified misdemeanors include driving with a suspended license which may result in jail time of more than 15 days but less than a year.
A misdemeanor is considered a crime.
Background Checks
Violations in New York do not normally come up in background checks. Misdemeanors do.
Misdemeanor convictions will normally show up during routine background checks made by law enforcement agencies or employers. By law, any misdemeanor will stay on record for 10 years. If no other crime has been committed in those ten years with recorded crimes committed of no more than two misdemeanors or just one felony and one misdemeanor convictions, the records will be sealed and no longer be out in the public.
Though these records are no longer out in the public, misdemeanor convictions will still exist as part of recorded data but all related cards with your fingerprint and palm print, booking photos and DNA samples would either be returned to the person involved or destroyed. What’s left is the digital recorded data.
criminal cases with good results are automatically closed or sealed without the defendant doing anything. The good results pertain to cases where the person involved is acquitted, where the case was dismissed, where the prosecution has declined, where the file accusatory instrument was declined, where the order sets aside the verdict or when the judge cancels a judgment.
criminal cases committed by children are also automatically closed or sealed. This pertains to children between 7 and 18 years of age who had misdemeanor conviction.
Going to Jail
When a New York cop takes someone in, they’d be sent to one of New York’s 77 precincts where their record will be searched for historical offenses. If they’re clean, they’d often be given a ticket to appear in criminal court in a month. If found guilty with a jail sentence, they’ll be brought into a holding cell to meet with an attorney. If the defendant doesn’t have the capacity to pay for one, the court assigns one.
This goes before a judge where their attorney defends them against the attorney defending the charge. The judge delivers the ruling. If they’re convicted, they’re formally accused of a misdemeanor with the possibility of shortening their stay or modifying their sentence to an alternative.