Types of Offenses in New York: Felonies, Misdemeanors, Infractions & Violations

When someone is accused of wrongdoing in New York State, the first question often asked is: What type of offense is it? The answer is important because the type of offense determines everything from how the case proceeds in court to the potential penalties and long-term consequences for the person charged.

In the New York State Unified Court System, there are four types of offenses: two are criminal offenses (felonies and misdemeanors), and two are non-criminal offenses (infractions and violations). Below we define what each offense means and discuss the situations when you absolutely should have a lawyer by your side. For immediate assistance with a criminal charge in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and experienced Goshen criminal defense lawyer.

1. Infractions

Infractions are the least serious category of offenses. Under New York law, many traffic violations fall into this category rather than being criminal. An infraction is a non-criminal offense, typically punishable by a fine or penalty, but not a criminal record for many intents and purposes. Examples include speeding (when it’s a standard speeding violation and not reckless driving), failing to keep your car registration or driver’s license up to date, and parking in a handicapped space without authorization.

Because an infraction isn’t a crime, it generally does not show up as a criminal conviction on most job, housing, or educational background checks. That said, you still receive a ticket, you still must respond, and you still must pay any fines or penalties.

While paying the fine is the quickest and easiest way to dispense with a traffic infraction, you might still need an attorney in certain situations. For example:

• If the infraction could escalate (for example, when a traffic stop for speeding becomes a stop for reckless driving).
• If the infraction is paired with other offenses that are criminal.
• If there is a risk of driver’s license suspension, increased insurance, or other collateral consequences you would wish to avoid.

2. Violations

Next up are violations — still non-criminal, but more serious than infractions. The consequences are greater, including possible jail time (up to 15 days) and fines. In New York, a violation is a non-criminal offense (other than a traffic infraction) that carries a penalty but not necessarily a criminal conviction in the same way as a misdemeanor or felony. Examples include disorderly conduct in certain circumstances or trespass (depending on the facts).

Even though a violation is not treated the same as a crime, it still can result in arrest or jail time (up to 15 days) and can appear on certain records. Also, because it is not a “crime” per se, it might not trigger all the same collateral consequences of a criminal conviction, but it can.

Signs that you should strongly consider an attorney for a violation include:

• If jail time is a possibility or if you are arrested rather than simply ticketed.
• If the violation may lead to further charges (misdemeanor or felony), depending on the facts.
• If the violation interacts with employment, licensing, immigration status, or other serious legal issues.

3. Misdemeanors

Now we move into the criminal realm. A misdemeanor is a criminal offense that is more serious than a violation, but less serious than a felony. A conviction results in a criminal record and potential jail time, fines, probation, or other penalties.

In New York, misdemeanors are divided into classes: Class A, Class B, and Unclassified. A Class A misdemeanor is the most serious misdemeanor, punishable by up to one year in jail. A Class B misdemeanor, in contrast, is punishable by up to three months in jail. Unclassified misdemeanors may carry up to three years of probation, though certain specific offenses (such as DWI in some circumstances) may carry up to one year in jail.

Examples of common misdemeanors include first-offense petit larceny, possession of a small amount of a certain controlled substance, or certain assault charges, such as simple assault. However, many crimes can be charged as misdemeanors or felonies depending on the circumstances.

A misdemeanor conviction will show on your criminal record, and it can negatively impact employment, housing, professional licensing, insurance, and more. It also typically allows for rights to a jury trial (depending on the court) and other procedural protections.

When do you need an attorney for a misdemeanor? Always. Because it is a criminal offense, the stakes are high: jail time, a criminal record, lifetime collateral consequences. If you are facing a misdemeanor, you should have a defense attorney review the case, advise on plea deals, motion opportunities, trial prospects, and collateral consequences. Legal representation is particularly important if you are a first-time offender and want to minimize the impact, or if the offense is serious or has aggravating factors.

4. Felonies

Felonies are the most serious category of offenses. A felony is a criminal offense with significant potential punishment, often prison time, and severe collateral consequences. In New York, felonies are classified A through E (with A further subdivided into A-I and A-II in many cases) and carry different maximum sentences depending on class and whether the crime is violent. At a minimum, a felony is punishable by at least one year in prison (or substantial prison time) and carries marked long-term consequences for freedom, a criminal record, and opportunities in life.

Class A felonies (A-I, A-II) carry the potential for life imprisonment in some cases. Murder, manslaughter and rape are Class A felonies. A Class B felony can be punished with up to 25 years in prison, while a conviction for a Class C felony can involve a sentence of up to 15 years. Robbery and arson are typically charged as Class B or C felonies, depending on the alleged facts of the case. A Class D felony can result in a sentence of up to seven years, while a Class E felony carries a potential sentence of up to four years in prison.

Selling controlled substances in large quantities results in a felony under New York drug laws, with the class of felony depending on factors such as the type and quantity of the drug. Furthermore, felonies are designated as either violent or non-violent, which can affect sentencing ranges and post-release supervision.

A felony conviction carries severe consequences, including long prison terms, loss of certain civil rights (e.g., voting or owning firearms in some cases), lifetime stigma, expensive fines, and difficulty securing employment, housing, and more. The legal process is more complex, and the stakes are much higher than misdemeanors, violations, or infractions.

From the moment you are charged with a felony, it becomes critical to retain experienced legal counsel. A felony prosecution includes many key stages when legal representation is crucial, including grand jury (for many felonies), indictments, arraignment, discovery, potential plea bargaining, possible trial, and sentencing. An experienced attorney is needed who understands the law, sentencing procedures, collateral consequences, plea negotiation, and trial strategy.

How to Understand Which Category Applies (Why It’s Important)

Knowing whether you are facing an infraction, violation, misdemeanor, or felony is vital because it dictates:

• The court in which your case will be heard.
• Whether you are entitled to a jury trial (in criminal cases such as misdemeanors/felonies).
• Whether the offense appears on your criminal record and for how long.
• The severity of potential penalties (jail/prison, fines, probation, community service).
• The collateral consequences you may face (employment, licensing, immigration, housing).

It also influences whether you should plead guilty, negotiate a plea, demand a trial, or seek dismissal or reduction of charges.

For example, a parking ticket is an infraction, and you may prefer to pay the fine or challenge it in traffic court, with or without a lawyer. A disorderly conduct charge might only be a violation, but you could still face jail, a fine, and collateral effects, so you’ll want counsel. A shoplifting misdemeanor might land you in jail for up to one year and saddle you with a criminal record and future difficulties, so you’ll want a criminal defense attorney. Meanwhile, a charge like an armed robbery felony might mean years behind bars and lifetime consequences. Here you’ll definitely need an attorney with experience, and you’ll need aggressive representation.

When You Should Consult an Attorney

Although not every offense requires hiring a lawyer (for example, simple infractions might be manageable on your own), anytime you face anything beyond a basic infraction, you should contact a lawyer. Here are guidelines:

• Violations: Because jail time and records are at risk, an attorney can assess defenses, challenge evidence, and negotiate a favorable outcome.

• Misdemeanors: Essential to have representation. The consequences are criminal and can affect your life long-term. A lawyer can analyze the evidence, explore plea options, strategize for trial, and minimize damage.

• Felonies: Without question, you need a skilled criminal defense attorney from the outset. The full resources of the state will be brought against you, and you need someone on your side who can advocate for you strategically and effectively.

• Even for infractions: When there are possible extra consequences (loss of license, points on driving record, insurance hike, or if the infraction could be elevated to a criminal charge), an attorney may still be wise. They are more likely to get a better result than you could on your own due to their legal training and familiarity with legal processes.

At Dupée & Monroe, P.C., our team understands the full spectrum of offenses under New York law. Whether you or a loved one is facing a traffic infraction, a violation, a misdemeanor, or a serious felony in Orange County or the Hudson Valley, we provide clear guidance, vigorous defense, and personalized strategies. We know that even a “minor” offense can have major consequences, and we take every case seriously.

Contact the Criminal Defense Attorneys at Dupée & Monroe in Goshen

Understanding the difference between infractions, violations, misdemeanors, and felonies under New York law is not just an academic exercise; it directly impacts your rights, your freedom, and your future. If you’re charged, you must understand what you’re facing, and you must consider whether a lawyer should be involved.

If you have been charged with any offense—infraction, violation, misdemeanor or felony—in New York, don’t wait. Contact Dupée & Monroe, P.C., in Goshen for a consultation. Let us explain your rights, walk you through the process, and help protect your future.

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