Criminal Defense in New York

Charged with a Crime? What Happens Next Depends on What You Do Now.

Last reviewed by Attorney Ronald S. Cook — April 2026

A criminal charge in New York — whether a violation, misdemeanor, or felony — can result in jail time, a permanent criminal record, loss of professional licenses, immigration consequences, and long-term damage to your reputation and livelihood. The earlier you have counsel involved, the more options are on the table.

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How New York Classifies Criminal Offenses

New York law divides offenses into three categories, each carrying different maximum penalties and procedural requirements:

Violations (Penal Law § 10.00(3)) are the lowest-level offenses — not classified as crimes. Maximum penalty is 15 days in jail. Examples include disorderly conduct (PL § 240.20), trespass (PL § 140.05), and harassment in the second degree (PL § 240.26). A violation does not create a criminal record, but it can still result in jail time, fines, and collateral consequences.

Misdemeanors are crimes carrying a maximum sentence of up to one year in jail. Class A misdemeanors (up to one year) include petit larceny (PL § 155.25), assault in the third degree (PL § 120.00), DWI (VTL § 1192), criminal mischief in the fourth degree (PL § 145.00), and many drug possession offenses. Class B misdemeanors (up to 90 days) include harassment in the first degree (PL § 240.25) and certain trespass charges. A misdemeanor conviction is a permanent criminal record.

Felonies range from Class E (up to four years in state prison) through Class A-I (life imprisonment). Felony charges trigger grand jury proceedings, potential state prison sentences, and severe collateral consequences including loss of voting rights during incarceration, loss of firearms rights, professional license revocation, and immigration consequences up to and including deportation for non-citizens.

Practice Areas

DWI, DWAI & Impaired Driving

Alcohol-DWAI (VTL § 1192(1)), DWI (VTL § 1192(2) and (3)), aggravated DWI (VTL § 1192(2-a)), drug-DWAI (VTL § 1192(4)), and combination-DWAI (VTL § 1192(4-a)). A first DWI is a misdemeanor carrying up to one year in jail, license revocation, mandatory ignition interlock, and DMV surcharges. A second DWI within ten years is a felony. Chemical test refusal triggers a separate DMV revocation proceeding under VTL § 1194. Learn more about DWI defense →

Assault & Violent Offenses

Assault in the third degree (PL § 120.00, Class A misdemeanor) through assault in the first degree (PL § 120.10, Class B felony). Charges in this category also include menacing, reckless endangerment, strangulation offenses (PL § 121.11–121.13), and criminal obstruction of breathing. Violent felony convictions carry mandatory state prison minimums and eliminate eligibility for most alternative sentencing programs.

Theft, Larceny & Property Crimes

Petit larceny (PL § 155.25, Class A misdemeanor) covers theft of property valued at $1,000 or less. Grand larceny ranges from the fourth degree (PL § 155.30, Class E felony, property over $1,000) through the first degree (PL § 155.42, Class B felony, property over $1,000,000). Related charges include criminal possession of stolen property, robbery, burglary, criminal mischief, and identity theft offenses.

Drug Offenses

New York drug charges range from criminal possession of a controlled substance in the seventh degree (PL § 220.03, Class A misdemeanor) through first-degree possession and sale charges (Class A felonies). Depending on the substance, quantity, and circumstances, defense strategies may include challenging the search and seizure, pursuing judicial diversion under CPL § 216.05, or negotiating treatment-based alternatives to incarceration.

White-Collar & Financial Crimes

Fraud, forgery (PL § 170.00–170.15), criminal tax offenses, insurance fraud, scheme to defraud (PL § 190.60–190.65), and related financial offenses. These cases are often document-intensive, and early intervention — before charges are filed — can sometimes resolve the matter at the investigation stage.

Criminal Contempt & Order of Protection Violations

Criminal contempt in the second degree (PL § 215.50) and first degree (PL § 215.51) frequently arise from alleged violations of orders of protection in Family Court or Supreme Court matters. First-degree criminal contempt is a Class E felony. These cases often turn on the specific language of the order and the evidence of the alleged violation.

Juvenile & Youthful Offender Matters

New York’s Raise the Age legislation changed how cases involving 16- and 17-year-old defendants are processed. Many cases that would previously have been handled in adult criminal court now begin in Youth Part with the possibility of removal to Family Court. Youthful Offender (YO) treatment under CPL § 720.20 can seal a conviction and eliminate a criminal record — but it is not automatic and must be pursued strategically.

What to Expect After an Arrest in New York

Understanding the process reduces anxiety and helps you make better decisions at each stage:

Arrest and processing. You will be fingerprinted and photographed. You have the right to remain silent and the right to an attorney. Exercise both. Do not make statements, do not sign anything, and do not consent to searches.

Arraignment. This is your first court appearance, typically within 24 hours of arrest (or the next court day). The charges are formally read, bail or release conditions are set, and an order of protection may be issued. Counsel at arraignment can make a critical difference in bail and release conditions.

Discovery and investigation. Under New York’s discovery reform (CPL § 245.10 et seq.), the prosecution must disclose substantially all evidence within specific timeframes. Early review of discovery — police reports, body camera footage, lab results, witness statements — is where defense strategy is built.

Motions and hearings. Suppression motions (CPL § 710.20) can challenge the legality of a stop, search, arrest, statement, or identification procedure. A successful suppression motion can eliminate the prosecution’s key evidence and change the trajectory of the case.

Negotiation, trial, or disposition. Most criminal cases resolve through negotiation. But the strength of a negotiated outcome depends entirely on the strength of the defense work behind it. If the case cannot be resolved on acceptable terms, it goes to trial — and trial preparation should begin from day one.

Collateral Consequences — Beyond the Sentence

The courtroom penalties are only part of the picture. A criminal conviction in New York can also result in:

Employment. New York’s Article 23-A (Correction Law §§ 750–755) limits but does not eliminate employer consideration of criminal records. Many professional licenses — nursing, teaching, law, finance, real estate — require good moral character determinations that a conviction complicates.
Immigration. For non-citizens, certain convictions trigger mandatory deportation, inadmissibility, or bars to naturalization under federal immigration law. This analysis must happen before any plea is entered.
Housing. Public housing authorities and private landlords may deny applications based on criminal history.
Firearms. Any felony conviction results in permanent loss of firearms rights under both federal and state law. Certain misdemeanors — particularly domestic violence-related offenses — also trigger firearms disabilities.
Driving privileges. Convictions for DWI, vehicular offenses, and certain drug charges carry mandatory license revocation or suspension independent of any sentence the court imposes.

Why Clients Choose Ronald S. Cook, P.C.

Thousands of five-star reviews from clients across New York.
Available 24/7. Criminal matters do not wait for business hours.
All 62 New York counties.
Dual LL.M. degrees (Bankruptcy and Taxation) and an MBA — Attorney Cook brings analytical and financial depth to cases involving white-collar charges, asset forfeiture, and complex financial issues.

Attorney Ronald S. Cook is the author of Defending the Accused: A Guide to New York Criminal Law, available on Amazon.com. View all books by Attorney Cook on Amazon.

Free Consultation — Call Now

If you are under investigation, have been arrested, or have been charged with a criminal offense anywhere in New York, contact us immediately. We will review the facts, explain what you are facing, and tell you what can be done.

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Free consultation · All 62 New York counties

Last reviewed by Attorney Ronald S. Cook — April 2026

This page is for informational purposes only and does not constitute legal advice.