Brooklyn Misdemeanor Attorneys
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Being accused of a misdemeanor is no small matter. A lot is at stake. For example, if you’re found guilty, a court can sentence you to jail time and order you to pay a fine. Additionally, the arrest and conviction will show up on your criminal record, which can affect you for years. Still, an accusation does not mean that a judge or jury will find you guilty. By putting up an aggressive defense and countering the prosecution’s arguments, you can seek a favorable outcome, helping you to avoid or minimize the potential penalties.
For the help you need fighting your charge, reach out to our Brooklyn misdemeanor lawyers. At Lebedin Kofman LLP, we recognize that there are no small cases. Everyone who comes to us for legal assistance will get the dedicated and focused counsel they deserve. We take the time to fully review the case and analyze the evidence. To us, every detail is important, because we know that even the smallest factor can substantially impact the outcome. Our team will listen to your side of the story and scour the prosecutor’s evidence to identify the strengths and weaknesses of the case and build a defense around them.
What Is a Misdemeanor
In New York, a misdemeanor is more serious than a violation but less serious than a felony. New York Penal Law § 10.00 defines a misdemeanor as an offense carrying a term of imprisonment of more than 15 days but not more than 1 year. In contrast, a violation is penalized by up to 15 days in jail, and a felony by more than 1 year in prison.
What Are Examples of New York Misdemeanors?
Several criminal acts are misdemeanors.
A few examples of New York misdemeanors include, but are not limited to:
- Third-degree menacing (New York Penal Law § 120.15): Placing or attempting to place someone in fear of immediate injury. Third-degree menacing is a Class B misdemeanor.
- Fourth-degree stalking (New York Penal Law § 120.45): Without legitimate purposes, engaging in a course of conduct that places another person in fear of physical or emotional harm or property damage. Fourth-degree stalking is a Class B misdemeanor.
- Third-degree assault (New York Penal Law § 120.00): Intending to cause injury to someone and actually causing it, recklessly causing physical injury to someone, or with criminal negligence, causing injury to someone with a deadly weapon or dangerous instrument. Third-degree assault is a Class A misdemeanor.
- Second-degree criminal tampering (New York Penal Law § 145.15): Messing with gas, electric, sewer, water, telephone lines, or other public utilities. Second-degree criminal tampering is a Class A misdemeanor.
- Making graffiti (New York Penal Law § 145.60): Without permission from the owner and with intent to cause damage, marking up public or private property. Making graffiti is a Class A misdemeanor.
- Petit larceny (New York Penal Law § 155.25): Unlawfully taking the property of another. Petit larceny is a Class A misdemeanor.
- Aggravated harassment in the second degree (New York Penal Law § 240.30): With intent to harass, annoy, or threaten someone, using electronic communication to threaten harm to that person or property; or making physical contact with the person and causing injury. Aggravated harassment in the second degree is a Class A misdemeanor.
Our misdemeanor attorneys in Brooklyn defend against the charges listed above, as well as any other misdemeanor accusation. Discuss your case with us to learn about defenses that could be raised in your case.
Our Process
Our Firm Is Your Solution
The attorney will call you to discuss your case, defenses, and possible outcomes.
You will be told the fee right away, as well as, potentially available payment plans and financing options.
You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.
What Are the Penalties for Misdemeanors in New York?
New York law lists three types of misdemeanors. The potential penalties upon a conviction depend on the classification of the offense and the facts of the case.
Below are the statutory maximum punishments for misdemeanors in New York:
- Class A:
- 1 year in jail and/or
- $1,000 in fines
- Class B:
- 3 months in jail and/or
- $500 in fines
- Unclassified:
- The term of incarceration depends on what is specified by law, but cannot exceed 1 year
- The fine is specified by the statute
Do I Need a Lawyer for a Misdemeanor Charge in NY?
Although a misdemeanor is not the most serious crime you can be charged with, that does not mean that you can forgo legal representation. Like a felony, to resolve your case you must go through the criminal justice system. That means you must attend court hearings, gather evidence, build a defense, and cross-examine witnesses, among other tasks. Without a background in the law and legal processes, you could make a misstep that negatively impacts the outcome of your case. Remember, a misdemeanor can be penalized by incarceration, fines, and other sanctions.
With a Brooklyn misdemeanor lawyer on your side, you increase the chances of obtaining a favorable result. Your lawyer will take care of all the legal details (e.g., speaking with experts, analyzing evidence, and filing motions in court).
An experienced attorney can also protect your rights, spot Constitutional violations, and ensure that you get a fair trial. They can also identify problems with the case and seek appropriate remedies.
A misdemeanor is not a minor criminal offense. It is imperative that you reach out to Lebedin Kofman LLP right away to defend against your charge.
How Do You Fight a Misdemeanor Charge?
The strategy used to defend against a misdemeanor charge is tied to the facts of the case. Because every situation is unique, defenses must be tailored for each person.
That said, some general ways of working toward a favorable outcome exist. For example, an attorney can file a motion to dismiss the case based on insufficient evidence or law enforcement misconduct. They might also seek to have evidence dismissed to prevent the jury from hearing it and essentially weakening the prosecutor’s arguments. The attorney can also cast doubt on the prosecutor’s case by pointing out that their evidence does not support their arguments or that witnesses have provided conflicting accounts.
At Lebedin Kofman LLP, we can explore every legal avenue to pursue an optimal outcome on your behalf.
Reach Out to Our Brooklyn Misdemeanor Attorneys Today
We are ready to be your zealous advocate and ensure that your voice is heard. We will stand up for you in and out of court, providing the advice, guidance, and answers you need throughout your case.
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26 Broadway, 3rd FL
New York, NY 10004
646-663-4430