Most experienced New York criminal lawyers will be able to tell you potential incarceratory punishments for felonies, misdemeanors and violations without hesitation. For example, in New York, an "E" felony is punishable by up to four years in state prison while and "A" misdemeanor is punishable by up to one year in a county or city jail (in New York City such as Manhattan or Brooklyn, county "time" is served on Rikers). Aside from a term of imprisonment, however, what are the potential fines associated with pleas or convictions for particular crimes? This entry will address those fines that may be levied for misdemeanor and violation convictions as set forth pursuant to New York Penal Law section 80.05.
Fines for Class A Misdemeanors Convictions in New York
For class "A" misdemeanors, the highest misdemeanor degree, a court can fine a defendant in an amount not to exceed one thousand dollars ($1,000.00). Although limited to violations of section 215.80 of the New York Penal Law, the court may impose a fine double the value or amount of the property that was disposed of by the defendant in an unlawful manner.
Fines for Class B Misdemeanors Convictions in New York
Not as serious a class A misdemeanors, class B misdemeanors are still crimes that will give you a criminal record. The maximum fine a court can levy upon a defendant for a class B misdemeanor is five hundred dollars ($500.00).
Fines for Unclassified Misdemeanors Convictions in New York
Certain crimes in New York are misdemeanors that are neither A nor B misdemeanors. These crimes may be treated similar in their scope of punishment as A or B misdemeanors, but are considered unclassified. An example of an unclassified misdemeanor is Aggravated Unlicensed Operation of a Vehicle found in New York's Vehicle and Traffic Law. For these crimes, the court my set a fine not as established under the guidelines for A or B misdemeanors, but as established in the specific statute dealing with that crime. In other words, if the particular crimes permits a fine of only one hundred dollars or two thousand dollars, then that is the amount the court may levy.
Fines for Violation Convictions in New York
Not a crime, a violation is often a good way to resolve criminal charges in the event an outright dismissal or acquittal is not likely. The maximum fine the court can fine a person for this type of conviction in New York is two hundred fifty dollars ($250). Like unclassified misdemeanors, there are violations that do not fall under the New York Penal Law. Those violations specify in the language of the statute the amount of the permissible fine.
Other Possible Fines for Convictions in New York
In the event a person is convicted for a crime and as a result of their criminal activity they obtained property, including money, the New York Penal law permits courts to fine that person in an amount double to their gain even if that exceeds the statutory limits outlined above.
Additional information on New York Sentencing Guidelines, including terms of incarceration for both felonies and misdemeanors, can be found through the link. Beyond this information, both the Crotty Saland PC website and the New York Criminal Lawyer Blog contain significant educational information about New York Penal Law statutes, legal decisions and interesting commentary about cases in the news.
Crotty Saland PC, a New York criminal law firm, represents individuals charged with or investigated for crimes throughout the New York City area. Both founding partners previously served as prosecutors in the Manhattan District Attorney's Office.