Misdemeanor Crimes

Aggravated Harassment
When a person uses the telephone or computer to harass, annoy, threaten or alarm another person.  This is very common charge that can be reduced to a non-criminal disposition if negotiated correctly.  The prosecutor usually requests an Order of Protection on behalf of the victim, and the continuance of this order is usually made a condition of the plea unless the victim expressly requests that there not be one.  

§240.30  Aggravated harassment in the second degree

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Assault
When a person causes physical injury to another negligently, recklessly or intentionally.
 
§120.00   Assault in the third degree.       
 
_____________________________________________  Coercion
When a person compels another person to engage in unwanted conduct by fear.
 
§135.60   Coercion in the second degree

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Conspiracy
When a person agrees with another person to engage in or cause the performance of a crime.  Is either a misdemeanor or a felony depending on the type and level of the underlying crime.
 
§105.00  Conspiracy in the fifth degree

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Criminal Contempt
When a person interrupts court proceeding.
 
§215.50  Criminal contempt in the second degree

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Criminal Facilitation
When it is probable that the defendant rendered aid to a person that intended to commit a crime.
 
§115.00  Criminal facilitation in the fourth degree 

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Criminal Mischief
When a person damages another person’s property. 
 
§140.00  Criminal mischief in the fourth degree

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Criminal Possession of Controlled Substance
When a person knowingly and unlawfully possesses a controlled substance.
 
§220.03   Criminal possession of a controlled substance in the seventh degree 
  
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Criminal Possession of a Forged Instrument
When a person possesses an instrument that was made with intent to defraud, deceive or injure another.
 
§170.20  Criminal possession of a forged instrument in the third degree 
  
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Criminal Possession of a Weapon
When a person possesses certain types of a firearm or enumerated weapons.
 
§265.01  Criminal possession of a weapon in the fourth degree 
 
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Criminal Possession of Marijuana
When a person knowingly and unlawfully possesses marijuana in public or of weight of more than twenty-five grams but less than two ounces.
 
§221.10 Criminal possession of marijuana in the fifth degree

§220.15 Criminal possession of marijuana in the fifth degree 
  
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Criminal Possession of Stolen Property
When a person knowingly possesses stolen property with the intent to benefit himself or impede the recovery by the rightful owner.
 
§165.40  Criminal possession of stolen property 
  
_____________________________________________  Criminal Sale of Marijuana
When a person sells marijuana with a different level misdemeanor if the weight is more than two grams but less than twenty-five grams.
 
§221.35  Criminal sale of marijuana in the fifth degree


§221.40  Criminal sale of marijuana in the fourth degree
 
 ____________________________________________ Criminal Solicitation
When a person attempts to cause another person to engage in illegal conduct.  If the illegal conduct is a felony, the solicitation charge is a felony.  The charge can be either a C or D felony depending on the type and level of the underlying crime.
 
§100.00  Criminal solicitation in the fifth degree

§100.05  Criminal sale of marijuana in the fifth degree
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Criminal Tampering
When a person tampers with the property of another person with intent to causes a substantial inconvenience to another person or causes substantial impairment of a public service such as gas, electric, sewer, water or telephone.
 
§145.14  Criminal tampering in the third degree

§145.15  Criminal tampering in the second degree

§145.20  Criminal tampering in the first degree
 
____________________________________________  Criminal Trespass
When a person knowingly enters and remains unlawfully in a dwelling.  

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Disorderly Conduct
When a person intentionally or recklessly causes a public inconvenience, alarm or creates the risk of a fight, loud noise, obscene language or other hazardous condition.  This is usually the charge that many other misdemeanor crimes are reduced to because it is only a violation and is the equivalent to a parking ticket.
 
§240.20  Disorderly conduct 
 
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Drug Sale- This link should be directed to criminal sale of a controlled substance. 

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Endangering the Welfare of a Child
When a person knowingly acts in a manner likely to be injured to the physical, mental or moral welfare of a child less than seventeen years old.  Although this is a misdemeanor, the system considers this a very serious charge.  Prosecutors are reluctant to reduce these types of offenses, and sentences usually include anger management and psychiatric evaluation.  These charges also arise in matrimonial cases where one party wants to exclude the other party for the child’s life by changing custody or limiting visitation.  Further, Child Protective Services will get involved to interview all parties and may place a “founded” report in their system, which would impair the ability to open a day care center and will be there for ten years for future reference if another similar charge ever arises.
 
§260.10  Endangering the welfare of a child
 
_____________________________________________  Failing to Register
When a defendant fails to register or notify probation of their residence as required under the level of sexual offender status received from their guilty plea.
 
§160  Duty to register as a sex offender and to verify

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Forgery
When a person defrauds, deceives or injures another by making a false instrument.
 
§170.05  Forgery in the third degree 
  
_____________________________________________ Graffiti
When a person makes graffiti on property owned by another person without permission.
 
§145.60  Making Graffiti

§145.65  Possession of graffiti instruments 
 
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Harassment
Harassment is communicating with a person in a manner likely to cause annoyance or alarm, placing a person in reasonable fear of physical injury, or making a telephone call with no purpose of legitimate communication. Harassment can be either a misdemeanor or violation depending on the nature of the conduct, whether the harassment was based on discrimination, and whether the defendant has been convicted of harassment within the preceding ten years.
 
§240.25  Harassment in the first degree

§240.26  Harassment in the second degree

§230.30  Aggravated harassment in the second degree 
 
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Hazing
When a person recklessly or intentionally creates a substantial risk of injury to another person in the course of that person’s initiation or affiliation with an organization.
 
§120.16  Hazing in the first degree

§120.17  Hazing in the second degree 
  
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Hindering prosecution
When a person renders criminal assistance to a person who has committed a felony.
 
§205.55  Hindering prosecution in the third degree 
  
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Identity Theft
When a person intends to assume the identity of another person to defraud for gain.
 
§190.78  Identity theft in the third degree 

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Insurance Fraud
When a person knowingly and intentionally presents a written statement to an insurance company containing material false or misleading statements to an insurance company.
 
§176.10  Insurance fraud in the fifth degree 
  
________________________________________ Larceny
When a person steals property.
 
§155.25   Petty Larceny 
  
_____________________________________________ Leaving the Scene of an Accident
When a person leaves the scene of a motor vehicle accident without reporting an injury of a person.
 
VTL §602  Leaving the scene of an accident where a person has been injured 
  
_____________________________________________ Leaving the Scene of an Incident
When a person leaves the scene of a motor vehicle accident without reporting damage to property.
 
VTL §600  Leaving the scene of an incident without reporting
 
________________________________________  Loitering
When a person remains and wanders in a public place for the purpose of begging, gambling, engage in deviant sexual behavior, disguised, near a school or transportation facility.
 
§240.35  Loitering

§240.36  Loitering in the first degree

§240.37  Loitering for the purpose of engaging in a prostitution offense 
 
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Menacing
Menacing is displaying a weapon or engaging in a course of conduct that intentionally places another person in reasonable fear of physical injury or death. Menacing can be either a felony or misdemeanor depending on whether the defendant has been convicted of menacing within the last ten years.
 
§120.13  Menacing in the first degree

§120.14  Menacing in the second degree

§120.15  Menacing in the third degree 
  
_________________________________________ Perjury
When a person swears falsely.
 
§210.05  Perjury in the third degree
 
______________________________________________  Probation Violation
When a person violates terms of his or her probation, also known as a VOP.  Person may be able to resolve the violation and have probation restored or can be sentenced to a period of incarceration instead.
 
______________________________________________  Prostitution
When a person offers to engage in sexual conduct with another person in return for a fee.
 
§230.00  Prostitution

§230.03  Patronizing a prostitute in the fourth degree
§230.04  Patronizing a prostitute in the third degree 
  
______________________________________________ Reckless Endangerment
When a person recklessly engages in conduct that creates a substantial risk of serious injury to another person. 
 
§120.20  Reckless Endangerment in the second degree
 
______________________________________________  Resisting Arrest

When a person intentionally prevents or attempts to prevent a police officer from effectuating an arrest of himself or another person.
 
§205.30  Resisting arrest 
  
_________________________________________ Sexual Misconduct
When a male has sexual intercourse with a woman without her consent, oral or anal sex with another without the other’s consent, or sexual conduct with an animal or dead human body.
 
§130.20  Sexual misconduct
 
______________________________________________  Sexual abuse
When a person subjects another person to sexual contact without consent, which is not present if victim is less than seventeen years old.
 
§130.55  Sexual abuse in the third degree

§130.60  Sexual abuse in the second degree
 
______________________________________________  Sodomy
When a person engages in deviant sexual intercourse with another person. 
 
§130.38  Consensual sodomy

______________________________________________  Suspended Driving License
 
§511  Operation while license suspended or revoked
 
______________________________________________  Suspended Registration
 
§512  Operation while registration or privilege is suspended or revoked
 
_________________________________________  Trespass
When a person knowingly enters or remains unlawfully in or upon a premises
 
§140.05  Trespass

§140.10  Criminal trespass in the third degree

§140.15  Criminal trespass in the second degree 
  
_________________________________________ Unauthorized Use of a Vehicle
When a person knowing or without consent takes control of a motor vehicle. 
 
§165.05   Unauthorized use of a vehicle in the third degree 
  
_________________________________________ Welfare Fraud
When a person commits fraud to obtain public assistance.
 
§158.05  Welfare fraud in the fifth degree