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Brooklyn Misdemeanor Lawyer
Dedicated Brooklyn Misdemeanor Attorney
Although less severe than a felony, a misdemeanor in Brooklyn is still a crime under New York law. Charges can lead to jail time, criminal fines, and a criminal record. Your Brooklyn misdemeanor lawyer can review the specifics of your case and possible defenses. Brooklyn misdemeanor crimes could stem from a range of accusations spanning neighborhoods across Downtown Brooklyn and Williamsburg to Flatbush and Bay Ridge.
Get to Know The Vitaliano Law Firm
At The Vitaliano Law Firm, we defend individuals charged with felonies and misdemeanors across NYC. Our founding attorney, Michael Vitaliano, grew up in Staten Island and practiced as a New York City prosecutor before entering private criminal defense.
His legal experience includes attending pretrial hearings and criminal trials on cases involving everything from theft and drug charges to weapons and violent crimes. Today, he advocates on behalf of defendants in New York State and federal court.
Understanding Misdemeanors in New York
Under New York Penal Law § 10.00, a misdemeanor is classified as a crime where the maximum prison sentence is no more than a year, though it can extend beyond fifteen days. There were 26% fewer misdemeanor arrests in 2024 than a decade prior. NYC arrests for misdemeanors were 32% lower than in 2014; outside NYC, they were 18% lower.
Classification determines the maximum sentence allowed. According to New York Penal Law § 70.15, incarceration for a Class A misdemeanor cannot exceed 364 days, while a judge can sentence a defendant to no more than three months of jail time for a Class B misdemeanor. Punishment for an unclassified misdemeanor is dictated by the statute defining it, capped by the highest sentence permitted by law.
Common Misdemeanor Charges in Brooklyn
The offenses that are charged as misdemeanors are vast, and classification varies by the statute and alleged facts of the case. Some examples include:
- Theft
- Petty larceny
- Some assaults
- Trespassing
- Harassment
- Illegal threats
- Driving-related offenses
Some charges may be either a felony or a misdemeanor, depending on the details of the situation. The value of the property allegedly stolen, the severity of an injury, previous convictions, or other factors under the relevant statute may change a misdemeanor to a felony or vice versa.
Penalties After a Misdemeanor Conviction
While jail time is one penalty that can result from a misdemeanor conviction, New York allows judges to fine defendants in certain instances. Exceptions and different amounts may apply based on the crime.
If jail and fines are imposed, the judge could also order probation or other conditions. Certain misdemeanors can have secondary impacts on someone’s job, professional license, immigration status, gun rights, or another part of their life. Although a misdemeanor has a maximum sentence of one year in jail, several factors impact the outcome of a case.
Defenses in a Brooklyn Misdemeanor Case
Like all crimes, every misdemeanor has elements the prosecution must prove to convict. Potential defenses depend on the facts of your case. These could involve, for example, challenging the prosecution’s ability to prove each aspect of the offense beyond a reasonable doubt or seeking to have evidence suppressed. Other defenses focus on:
- Disputing the eyewitness testimony
- Surveillance video
- Addressing the admissibility of evidence
- Statements made by the defendant
- Any police misconduct
Most misdemeanor cases are heard at Kings County Criminal Court, located at 120 Schermerhorn Street, Brooklyn, NY 11201. The courthouse is located in Downtown Brooklyn near the intersection of Livingston and Smith Streets. Your Brooklyn misdemeanor attorney can determine which defenses apply to your case after reviewing the allegations against you.
Hire a Misdemeanor Lawyer Today
Individuals hire a misdemeanor lawyer to navigate the criminal justice system on their behalf. An attorney can:
- Meticulously review the official charges and evidence.
- Conduct a detailed factual investigation.
- Determine potential defenses.
- Submit motions.
- Appear at hearings.
Your defense counsel can also communicate with prosecutors about your case and any possibility of resolution without trial.
The prosecution must establish every single aspect of the alleged crime, and your attorney can hold them to that standard. Developing a defense is especially crucial if the prosecution’s case relies on:
- Eyewitnesses with conflicting stories
- Accusations where you cannot be properly identified
- Police misconduct
We understand misdemeanor laws and can explain them as they relate to your case.
FAQs
Can a Misdemeanor Charge Be Dismissed in New York?
Yes, under certain circumstances, a misdemeanor charge can be dismissed. This can occur when there is a legally recognized ground for dismissal, such as:
- Issues with evidence that supports the accusation
- Untimely prosecution
- Speedy-trial violation
- A situation where prosecution is legally barred
Determining if dismissal is available depends on the facts and procedural history of your particular case.
Do I Have to Go to Trial for a Misdemeanor in Brooklyn?
No. If your misdemeanor case does not get dismissed or you do not plead guilty, it is going to go to trial. Misdemeanor cases in Brooklyn can often be resolved without going to trial. New York City defendants charged with Class A misdemeanors are typically entitled to a jury trial. A misdemeanor jury requires a unanimous verdict.
What Is an Appearance Ticket for a New York Misdemeanor?
An appearance ticket asks the person accused of committing an offense to appear in the appropriate local criminal court at a designated time. The person is not required to remain in custody until that appearance. In New York, police are generally required to give appearance tickets for eligible offenses. Issuing an appearance ticket, however, is subject to certain exceptions.
What Happens If I Miss Court for a Misdemeanor in Brooklyn?
Missing court can lead to further issues. If a person does not appear after being issued an appearance ticket, the court can issue a summons or a warrant for their arrest. Rather than risk having a warrant issued for your arrest, you should bring any issue that prevents you from attending a court appearance to the court’s attention.
Contact Us Today
If you have been charged with a misdemeanor in Brooklyn, The Vitaliano Law Firm can look at the evidence against you and build you an appropriate defense. You do not have to handle the legal process alone. Contact our office today for more information about our services.
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About us
An accomplished legal advocate, Michael E. Vitaliano is the founder and principal of The Vitaliano Law Firm, based in New York City. Mr. Vitaliano is a leading criminal defense lawyer and experienced advocate in handling all criminal matters in state and federal court.
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