Misdemeanor
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Plain-English Meaning
A crime less serious than a felony. In New York, misdemeanors carry a maximum sentence of up to one year in jail. A conviction creates a criminal record. Common misdemeanors include petit larceny, simple assault, and criminal possession of marijuana.
Legal Context
Under N.Y. Penal Law § 10.00(4), a misdemeanor is an offense for which a sentence to a term of imprisonment in excess of one year cannot be imposed. New York classifies misdemeanors as Class A (up to 1 year) and Class B (up to 90 days). Misdemeanors are prosecuted in local criminal courts (e.g., NYC Criminal Court). A misdemeanor conviction is a criminal conviction and appears on background checks.
Real-Life Example
Marcus was charged with petit larceny (Class A misdemeanor) for shoplifting $300 worth of merchandise. He was arraigned in Criminal Court. After negotiations, his attorney arranged an ACD — the charge would be dismissed in six months if he stayed out of trouble.
Related Statutes
Related Terms
Source
Based on N.Y. Penal Law § 10.00(4). Original B-Legal plain-language explanation.
N.Y. Penal Law § 10.00(4)
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.