Misdemeanors vs. Felonies

What is a Misdemeanor?

A misdemeanor is a type of criminal offense that is less serious than a felony. Misdemeanors typically carry lighter penalties, such as fines, community service, or up to a year in jail. Common examples of misdemeanors include petty theft, disorderly conduct, public intoxication, and minor drug possession. While misdemeanors are considered less severe than felonies, they can still have significant consequences on an individual’s life and future opportunities.

What is a Felony?

A felony is a more serious criminal offense than a misdemeanor and carries harsher penalties, including imprisonment for more than one year and significant fines. Felonies encompass a wide range of crimes, from burglary, robbery, and aggravated assault to murder, rape, and drug trafficking. A felony conviction can have long-lasting consequences, impacting employment opportunities, housing options, and civil rights such as the right to vote or possess firearms.

How long do NYS records retain misdemeanors and felonies?

In New York State, misdemeanors generally remain on an individual’s criminal record permanently. However, certain misdemeanor convictions may be eligible for sealing or expungement after a specified period, typically seven years from the date of conviction or completion of the sentence, whichever is later. Felonies, on the other hand, typically stay on a person’s criminal record indefinitely unless they are eligible for sealing or expungement under specific circumstances, such as completion of a diversion program or meeting other criteria outlined in the law. It’s crucial to consult with a qualified attorney to understand the specific laws and procedures regarding record retention and potential sealing or expungement options for misdemeanors and felonies in New York State.

How Can an Attorney Help?

An experienced criminal defense attorney can be invaluable in misdemeanor and felony cases, offering crucial support and advocacy throughout the legal process. From investigating the facts of the case to negotiating plea bargains or representing you in court, an attorney can provide skilled representation and work tirelessly to protect your rights and achieve the best possible outcome.

For skilled legal assistance, contact MontanaroLaw at (516) 203-1700. Our compassionate team is committed to fighting for your rights and ensuring that you receive fair treatment under the law.