Suffolk County Criminal Defense

Committed to Protecting Your Reputation and Your Rights

• Rated AV Preeminent® for High Ethical Standards & Legal Ability – Attorney Anthony Carbone Has Been Found "Superb" by Avvo.
• Named on the Super Lawyers Rising Stars℠ 2020 List – Only 2.5% of Attorneys in Each State Are Selected

When you could be facing tough penalties or long jail times, a competent and passionate lawyer could be just what you need to tip the scales of justice in your favor. The legal team at The Traffic Court Pro PLLC has experience in traffic law, personal injury, and of course, criminal law. We are committed to building a strong defense for every case that comes our way.

Set up a consultation with The Traffic Court Pro PLLC for high-quality legal assistance in your criminal case. (516) 289-9804!

When Is a Crime a Felony in New York?

In the state of New York, there are two categories of crimes: felonies and misdemeanors. A felony is the graver of the two, typically punishable by more time in prison and associated with more serious physical and financial harm.

Actions are Classed as a Felony When:

1. They Are a Harmful Physical Act toward Another Person
   • Many felonies involve hurting another person. To be classified as a felony, the intended act must be physically harmful and malicious.
2. They Are a Severe and Potentially Permanent Emotional Distress
   • It can be difficult to prosecute someone for intentionally causing emotional distress, but it can be successfully done when the victim can prove the act was intended and that it also caused severe and long-lasting distress. If the outcome of this class of felony causes the victim to withdraw from daily activities, such as work or personal commitments, the offense becomes even more severe.
3. They Cause a Significant Financial Outlay for the Victim
   • Felony charges are often filed in cases that involve significant losses, such as embezzlement, forgery, fraud, or serious identity theft. The act must be premeditated and cause substantial financial harm in order for charges to be brought.

A Class E Felony Is the Lowest-Level Felony Charge

In New York, classes of felonies range from A to E, with A being the most severe. Here are a few examples of Class E felonies in New York.

• A class E felony is the only felony charge some DUI/DWI cases can receive. This occurs if someone was killed and or injured as the result of a DUI-related car
• Manually shaking or striking an infant is not a crime if it is unintentional or out of inexperience. However, if an injury occurs as a result, it is a class E felony.
• You can be charged with this type of felony assault if you are choking someone else, whether or not they were injured as a result.
• Class E felonies typically garner only probation and a fine, but each case is different and punishment can be more severe.

Everyone accused of a crime, including a felony, is considered innocent until proven guilty. Often, the government will file charges, even when they are not confident they can prosecute the accused, to ensure the case is heard in court within a reasonable amount of time. An experienced, competent, and passionate felony defense lawyer could be the difference between walking away free and being sentenced to a long term in jail.

What Is a Misdemeanor in New York?

In New York, like all other states, the punishment for a misdemeanor is significantly less than a felony. Most misdemeanors only typically warrant a maximum one year in jail. Keep in mind that some jurisdictions additionally classify misdemeanors into different classes, which could affect the severity of the punishment or the time limits to prosecute the charge.

A Few Examples of Misdemeanor Violations in New York Include:

• Bounced checks, DWI- related cases with minimal injury, and leaving the scene of an accident that causes property damage.
• Violent altercations in New York are typically charged as a misdemeanor, even when the actual suffering inflicted is considered a Class E felony.
• Fleeing the police, but only restricted to traffic and misdemeanor-related cases. In the simplest of terms, it is when you attempt to avoid being pulled over or evade an arrest after you have been caught.

4th, 5th, 6th Degree Assault

Fourth-degree assault is charged when a person causes another physical harm, with intending to hurt them. When the injury is severe enough to hinder normal functioning of the body, they can be charged for third-degree assault. In between those two, when the physical harm inflicted does not go beyond a few cuts or bruises, is second-degree assault. When someone threatens a person by using their actions to influence them to do something, it is issued as second-degree assault.

Fifth-degree assault becomes an assault charge in New York when it is proven the sole purpose of the person’s harmful act was to harm the victim. In other words, they intentionally caused an injury on the victim for their personal benefit.

Finally, jumping another person becomes third-degree assault when the only purpose is to intentionally hurt or harm that person without their consent./DUI Violations Misdemeanor Charges

• You don’t have to be drunk or seriously intoxicated to be found guilty of a DUI-related case in New York. Even slight intoxication involving alcohol, illegal drugs, prescription drugs, and other substances can lead to a DUI conviction. The penalties will differ depending on the class of misdemeanor the charge is given.
• Third offense misdemeanors result in having to serve at least 90 days in jail. Only two our of the prior above charges could involve the lives of others or physical harm. The sudden swerving of cars on a highway is another leading cause for a misdemeanor traffic citation. This charge is not limited to high-speed chases, but any actions deemed as fleeing, avoiding, or eluding the police while operating a vehicle.

When Is a Crime a Misdemeanor in New York?

In New York, there are two categories of a crime. One is known as a misdemeanor and is significantly less severe than a felony. Some class E felonies, the lowest level of a felony, are only marginally more severe than most misdemeanors.

Misdemeanors are sometimes heard in county courts, but most will be handled by local city and town courts. New York City additionally has its own, more complex, system for handling misdemeanor cases in its 5 boroughs.

More About Different Types of Crime Cases in New York

New York law provides for both misdemeanors and felonies, with crimes being separated into specific categories based on the particular offense and the intent behind the action. Typically, it is more difficult to defend against crime charges since the prosecutor only needs evidence for one possible version of the truth for a conviction to happen. Because the penalties are more severe with a crime conviction, you deserve strong legal advocacy by your side

We can use this small section to talk about some of the specific classifications of crimes in each category that potential clients might be interested in.

Other examples of crimes that deserve strong legal defense include:

• Felony DUI or D WI: including multiple DUI convictions or a charge filed under aggravating circumstances in which injury leads to at an essential to severe incapacitation

• Domestic violence: in defined as a crime involving sex within a romantic relationship such as marriage or involving members of the same residence in which one member suffers physical or emotional distress

• Homicide & Murder: including serious drug charges, gun allegations, or violent intent

• Felony levels of theft: this includes larceny, robbery, shoplifting, and other charges of theft. Penalties are defined as having taken an article or property worth than more than $1,000

Every person charged with a crime is considered innocent until a competent officer of the court can prove the offense was committed. A strong legal defense is absolutely critical to the pursuit of justice in these challenging circumstances. A knowledgeable attorney can help you build a strong defense case. Contact The Traffic Court Pro PLLC for a consultation by calling (516) 289-9804 today.