It is important to understand the difference between a felony and a misdemeanor. Prosecutors want to charge a crime at the highest level they can (felony). It is often referred to as overcharging. A good criminal lawyer must simultaneously be working to get the charges against a defendant reduced and preparing to defend the case at trial.

I fight to get charges dismissed or reduced and keep people informed about the status of their case every step of the way. Sometimes cases will have to go to trial. When this happens I will begin by explain all your options and their consequences including those that may linger for many years to come or forever.

The determination of whether a crime is a felony or misdemeanor depends on the level of the accused crime and the potential punishment. A felony in New York is an offense that carries a prison sentence in excess of one year. A misdemeanor is an offense that carries a prison sentence of more than 15 days but no more than one year.

Felonies in New York are divided into five classes: A, B, C, D, and E. Class A felonies are divided into two categories: A-I and A-II. Class A felonies carry the longest prison sentences, and Class E felonies carry the shortest prison sentences for felonies. Felonies must be prosecuted by an indictment voted on by a grand jury, unless the defendant waives indictment.

Preliminary matters, such as the filing of a felony complaint, may occur in the local criminal court, but the jurisdiction of the felony charge following indictment rests with the a superior court for motions, hearings, trials, and sentencing.

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