What Is the Difference between a Felony and a Misdemeanor Charge?

Interviewer: In Westchester, what’s the difference between a misdemeanor and a felony charge?

Michael: The amount of jail time you’re exposed to. A felony is defined as a crime subject to more than a year in jail.  A misdemeanor is subject to a year or less in jail.

Misdemeanor Charges Are Subject to a Year Probation Term, Felony Charges Are Subject to a Three Year Probation Term

Interviewer: Is a misdemeanor typically a probation-type sentence?

Michael: Not necessarily. There’s misdemeanor probation which is three years in New York and there’s felony probation which is five years in New York.

Does the State of New York Offer Alternate Punishments?

Interviewer: So there are different levels of misdemeanors and felonies. Are there alternative punishments to jail that individuals might qualify for depending on whether the crime was a misdemeanor or felony?

The Judges Do Have Options When Imposing Sentencing

Michael: Yes. There is all the way from a fine to a conditional discharge, meaning you’re not on any formal supervision. You just stay out of trouble for the next year or two and abide by the terms of your probation with various conditions, such as community service. There are a full range of options that a judge has available when imposing sentencing.

Interviewer: That’s when it’s obviously the best time to consult your attorney because they’ll be the ones to advise you on your best course of action.

Michael: You better have consulted your attorney way, way before that because if you’re up to sentencing, it means you’re well into the system. So you better hire an attorney well before.

Attorney Kramer Advises to Check an Attorney’s Reputation before Retaining Him or Her If Possible But to Also Be Certain You Are Comfortable Talking with This Attorney

Interviewer: What kind of credentials should you look for when interviewing the attorney? Are there warning signs that people should be aware of? Are there certain questions they should ask to determine which attorney in the area is going to be the best one?

Michael: It’s hard to say. It’s like choosing a doctor. If a doctor’s going to operate on you how will you know that this is the one you want? You can go by the personality of the doctor but that does really tell his competence? Yet again, if a doctor doesn’t have a good bedside manner, you don’t feel comfortable. It’s basically a gut reaction.

If Possible, Consider Meeting with More Than One Attorney

You should interview one, two, three attorneys if you have the time and see who you feel comfortable with. See how they answer your questions. See what their approach would be and look at their experience. If you can, inquire about their reputation in the geographical area that you’re charged in. There’s no formula. It’s a gut reaction.

Interviewer: But it is recommended to obviously not just settle on the first one that you come across?

Michael: Unless you feel totally comfortable. If someone came to me and interviewed me and we felt comfortable with each other, they might want to save the time and effort of making other appointments and dealing with other attorneys.

Again, it’s like choosing a doctor. If you go to a doctor for an opinion and you’re confident and satisfied in his opinion, you don’t think a second opinion is necessary, you do not have to look any further.