Justice Navigator
Felonies, Misdemeanors, and Violations
Learn the difference between the main categories of offenses in New York State.
Definition
A violation is the least serious type of offense. In New York, violations are not considered crimes. This is important because a conviction for a violation will not give you a criminal record.
Examples
- Harassment: Unwanted physical contact, or a course of conduct that alarms or annoys another person.
- Disorderly Conduct: Fighting in public, making unreasonable noise, or causing a public disturbance.
- Trespassing: Knowingly entering or remaining unlawfully on property.
Possible Sentences
The maximum sentence for a violation is 15 days in jail, though it is more common to receive a fine, community service, or a conditional discharge (meaning you stay out of trouble for a period of time).
Definition
A misdemeanor is more serious than a violation. It is a crime and a conviction will result in a permanent criminal record.
Examples
- Petty Larceny: Stealing property valued at $1,000 or less (e.g., shoplifting).
- Assault in the Third Degree: Intentionally or recklessly causing physical injury to another person.
- Driving While Intoxicated (DWI): A first-time DWI is often a misdemeanor.
Possible Sentences
A misdemeanor can be punished by up to one year in a local jail. Other sentences include fines (often up to $1,000) and probation for up to three years.
Definition
A felony is the most serious category of crime. A felony conviction has very serious consequences, including the loss of certain rights like the right to vote or own a firearm.
Examples
- Grand Larceny: Stealing property valued at more than $1,000.
- Assault in the Second Degree: Intentionally causing serious physical injury to another person.
- Burglary: Knowingly entering a building unlawfully with the intent to commit a crime inside.
- Robbery: Forcibly stealing property from another person.
Possible Sentences
A felony is punishable by more than one year in state prison. Felonies are categorized into different classes (from Class E, the least serious, to Class A-I, the most serious), and the potential prison sentence increases with each class.