The New York Criminal Law Blog

Other Misdemeanors in New York

Misdemeanors differ from felonies in that they are punishable by a jail sentence of more than 15 days, but not more than one year. Most misdemeanors are not of a violent nature but can include crimes such as assault and battery. Examples of crimes that are often treated as misdemeanors include harassment and criminal mischief. New York has two classes of misdemeanors. Class A is punishable by up to one year in jail, while Class B is carries a ninety-day maximum jail sentence.

Sometimes misdemeanors can either be bumped down to an infraction or be upgraded to a felony, so it helps to know the law and be prepared when faced with such charges. But the best defense strategy includes the services of a skilled New York criminal defense attorney.


Recently in Other Misdemeanors Category

Prosecutors Drop Charges Against Ice-T

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Many New Yorkers probably remember rapper Ice-T's huge outburst last month when he was pulled over on the West Side of Manhattan for not wearing a seatbelt. Yet it looks like Ice-T will now be able to keep his cool since the criminal charges against him have been dropped.

The New York Post reports that the rapper was charged in July for driving with a suspended license, but posted on his Twitter that the charges were "bulls**t" immediately after his arrest and used other foul language to describe New York law enforcers. Ironically, Ice-T has composed rap songs about killing cops. The man had New York criminal defense attorneys Eric Franz and Timothy Parlatore prepared to represent him in court, but prosecutors decided to drop the charges yesterday.

Rapper Ice-T certainly has a heated temper, but perhaps he shouldn't get into a huge outburst and next time just hire a New York criminal defense lawyer when he's in trouble with the law.

The Seattle Post Intelligencer reports that the rapper was pulled over on the West Side of Manhattan  by an NYPD officer after he was seen not wearing his seatbelt. Yet after the stop, the police officer says that he found Ice-T was driving with a suspended license and with expired auto insurance. Hence, the man was arrested and taken to the 10th Precinct in Chelsea.

NJ Supreme Court Overturns Conviction For German Marquez

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German Marquez was charged with driving while impaired in the state of New Jersey after he was pulled over in Plainfield and showed signs of impairment. The man was also charged for failing to take a breath test, but criminal defense attorneys argued that he was not made aware of the consequences of not submitting to a breath test because the DUI (also known as DWI in New York) suspect did not understand English.

USA Today reports that German Marquez was convicted of both criminal charges, but thanks to an experienced criminal defense attorney, the New Jersey Supreme Court overturned the conviction on failing to take the breath test. The defendant's attorney, Michael Blackler, stated that German Marquez only spoke and understood Spanish and that DUI/DWI suspects should be informed of the consequences of refusing to take a breath test in a language that they understand. The issue of language has become a prominent issue in the criminal justice system for both New York criminal defense attorneys and New Jersey attorneys.

It's common for law enforcers to see an increased number of drunk drivers on the roads on 4th of July weekend. However, one particular accident on Monday has certainly captured the attention of many New Yorkers because of severity of the incident.

The New York Daily News reports that 30-year-old Dave Richards was driving with a reported blood-alcohol level of .19 on Monday, which is more than twice the legal limit. The Bronx man was blind, but was allegedly driving while he was impaired in the wrong direction on the Long Island Expressway. This caused a vehicle explosion when two cars collided near the 164th St. exit in Flushing, Queens.

Off Duty NY Cop Gets DWI

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An off duty New York police officer was charged with driving while intoxicated last week, when his car crashed on 65th Place between Woodside Ave. and Queens Blvd. 

Although there were no injuries, Officer Matthew Woods is in hot water. Officer Woods had allegedly crashed into a parked car. 

Woods, it would seem, is not the first police officer to face a DWI of his own. Since 1999, at least 55 active duty cops have been charged with drunk driving. Interestingly, most of them were not removed from their jobs, as they pleaded guilty to non-felony charges. 

Sharpton's Daughter and Ex, Arrested For Swearing

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Don't swear or curse at the NYPD. You could get arrested.

Or so was the lesson learned by Reverend Al Sharpton's daughter and ex-wife.

Mother and daughter were questioned on Halloween after a Harlem traffic stop when Dominique Sharpton, Reverend Al Sharpton's daughter, drove through a red traffic light. Upon confrontation by the police, both mother and daughter allegedly dropped the F-bomb numerous times.

Kathy Sharpton, Reverend Al Sharpton's ex-wife, allegedly shoved a sergeant and resisted arrest when the police tried to place handcuffs on her. The police also claimed that Dominique Sharpton resisted arrest and created a public disturbance with her swearing and screaming.

New York Subways: Seat Hogs Ticketed

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"What?! Is it a crime to put my bag on the seat next to me? Oh. It is? Well, that sucks."

That is exactly what 8,700 New Yorkers learned last year between January and November, and they learned it the hard way. The New York Daily News reports that there was a 17% increase in the number of These $50 fines went to people who had their bag placed on a seat, their feet up or their legs crossed no matter how empty the subway car was.

8-Year-Old Brings Loaded Gun To School

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An 8-year-old boy was arrested and charged as a minor for criminal possession of a gun after he brought the weapon to school. The incident occurred at North Elementary School in Brentwood, Long Island.

reports that the third-grader had the gun with him in his backpack and then later moved it into his desk.  When, the boy motioned for his friend to take a peak at the weapon, his teacher took the gun away.  

Sharpton's Family Due In Court

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Two members of Rev. Al Sharpton's family will be seen in court as a result of a traffic stop. Kathy Jordan, Sharpton's ex-wife, and and Dominique Sharpton, his daughter, are facing several charges ().

Even though their defense lawyer asked the judge to throw out their case, they are set to appear in court on March 23.

While driving in New York, Dominique Sharpton allegedly cut off an officer because "she was in a rush to get to the theater" (AP). The expands on the altercation: Police say that Katy Jordan yelled, "Why the f--- are you locking her up?... Get your f------ hands off her," during her daughter's arrest. Dominique Sharpton allegedly screamed, "This is f------ bul----... You were driving too slow," as a response to why she passed him. The officer wrote her the summons for cutting him off, crossing a double line and running a red light.

Shooting Near A NY High School

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Shots were fired outside of a Brooklyn high school by two gunmen.

The New York Daily News quotes one witness as saying that "the kids were waiting at the bus stop. The victim was on the sidewalk."

The victim, 18, was shot in the leg: the police believe that he was the intended target of a failed murder attempt.

Is it a crime to shoot near a school?