Sentencing Guidelines for Misdemeanors and Violations

Misdemeanors can be broken down as either unclassified, "B," or "A" misdemeanors. While a misdemeanor is a crime and will result in a criminal record, a violation is not a crime.
  • "A" misdemeanors are the most severe and include crimes such as Petit Larceny, Assault in the 3rd Degree and Theft of Services. The sentence range for these offenses have no minimum term of incarceration (no jail) and up to one year in county or city jail (such as Rikers Island).
  • "B" misdemeanors are less severe and include crimes such as Marijuana Possession in the 5th Degree, Prostitution and Harassment in the First Degree. The sentence range for these offenses have no minimum term of incarceration (no jail) and up to 90 days in county or city jail (such as Rikers Island).
  • Unclassified misdemeanors are found in the Vehicle and Traffic Law and other areas. The sentencing structure is either specifically designated or often is similar to the other misdemeanors.
  • Violations are the least severe and include offenses such as Disorderly Conduct and Unlawful Possession of Marihuana. Depending on the violation, the sentence may be as great as fifteen days incarceration at a city or county jail (such as Rikers Island) and or a fine.
  • Regardless of whether or not the offense is a misdemeanor or a violation, a potential sentence can include community service. Misdemeanor sentences can include probation in lieu of and addition to incarceration. In the event the sentence is both incarceration and probation it is often referred to as a "split."
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