The classes
New York divides misdemeanors by class, each with its own maximum jail exposure, and there are also unclassified misdemeanors defined outside the Penal Law — many driving offences among them.
Violations are offenses but not crimes. A reduction to a violation avoids a criminal conviction, although records may still exist and sealing rules require review.
Under Penal Law §70.15, a Class A misdemeanor carries up to 364 days of imprisonment; Class B up to three months. Unclassified misdemeanors have the maximum specified by their statute, subject to the 364-day cap. Ordinary Penal Law violations carry up to 15 days; offense-specific rules must be checked.
Common charges
Petit larceny, third-degree assault, criminal mischief, seventh-degree criminal possession of a controlled substance, criminal trespass, and driving offences including DWI. The exact degree and statute determine whether a charge is a misdemeanor.
What outcomes are possible
Not only guilty or not guilty. The realistic range includes:
- Dismissal, where the case cannot be proved or should not have been brought
- Reduction to a violation, avoiding a criminal record
- Adjournment in contemplation of dismissal (ACD) — the case is adjourned and, if you stay out of trouble for the specified period, dismissed and the record sealed
- A plea, with a negotiated sentence
- Trial
An ACD is worth understanding because it is not a conviction and not an admission. Under CPL §170.55, the usual restoration period is six months, or one year for a qualifying family offense. If the case is not restored, it is deemed dismissed; qualifying favorable dispositions are generally sealed under CPL §160.50, subject to statutory exceptions. Conditions and charge-specific restrictions apply; an ACD is not guaranteed.
Youthful offender status may be available to eligible young defendants, substituting a non-criminal adjudication for a conviction. CPL §720.10 generally covers offenses committed at ages 16–18, and certain younger juvenile offenders. Prior felony convictions or adjudications and specified serious offenses can affect eligibility; some exclusions have statutory exceptions. The court makes the required determination.
Why pleading guilty at the first appearance is usually a mistake
It is common. The charge feels minor, the fine seems manageable, and pleading resolves it that day.
A guilty plea creates a criminal conviction and normally ends pretrial negotiation toward a violation or an ACD. It can also cause immigration consequences for a non-citizen that far exceed the sentence. Some convictions later qualify for sealing, which is different from erasure. Some misdemeanor convictions carry immigration exposure disproportionate to how minor the charge appears.
If you are not a citizen, say so at the first conversation with a lawyer. It changes what an acceptable disposition looks like.
Frequently asked questions
Is a misdemeanor a crime in New York?
Yes. A misdemeanor conviction is criminal. A violation is an offense but not a crime. Records and possible sealing depend on the disposition and applicable statute.
Will I go to jail for a misdemeanor?
Jail is possible, including on a first offense. Exposure and the actual sentence depend on the statute, facts, record and court. A conviction can also have lasting consequences outside the sentence.
What is an ACD?
An adjournment in contemplation of dismissal is not a conviction or admission of guilt. Under CPL §170.55, dismissal generally follows after six months, or one year for qualifying family offenses, unless the case is restored. Conditions and restrictions apply.
Can a misdemeanor be reduced?
Often, depending on the charge, the evidence, your record, and the court. A reduction to a violation avoids a criminal record and is frequently the objective.
Should I just plead guilty and pay the fine?
A guilty plea accepts a criminal conviction and can have consequences for work, licensing and immigration. Understand the evidence, exposure and available alternatives before deciding; no alternative outcome is guaranteed.
Related: Record Sealing · DWI Defense · back to Criminal & Traffic Defense
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539 · Last reviewed October 6, 2026