New York has three types of misdemeanor offenses: Class A, Class B, and unclassified misdemeanors. Class A misdemeanor offenses are considered a more serious offense, while Class B misdemeanors are considered less serious. Unclassified misdemeanors includes both serious and not so serious offenses


Each category has a maximum possible penalty associated with it. Unless otherwise specified by law, criminal court judges can sentence a person convicted of a misdemeanor offense to pay a fine, serve jail time, or both.

  • Class A: not more than 364 days in jail and not more than a $1,000 fine
  • Class B: not more than three months in jail and not more than a $500 fine
  • There are NYS surcharges that must be imposed in addition to fines

A person convicted of an unclassified misdemeanor will have to pay a fine or serve jail time as required by the law that defines that crime. For example, someone convicted of a first offense of driving while intoxicated, an unclassified misdemeanor as defined in New York’s Vehicle and Traffic Law, faces fines of between $500 and $1,000, and up to one year in jail.


Here is a small sample of misdemeanors categorized by class. There are many misdemeanor offenses in New York, and this list is not intended to provide coverage on every misdemeanor offense.


  • An Attempt to Commit A Class E Felony
  • Menacing 
  • Criminal Obstruction of Breathing
  • Theft of Services
  • Simple Assault 


  • Issuing a bad check
  • Fortune-telling
  • Loitering in the First Degree
  • Possession of Graffiti Instruments 


The most commonly charged unclassified misdemeanors are found in the Vehicle and Traffic Law.

These include:

  • Aggravated unlicensed driving
  • Driving while intoxicated
  • Reckless Driving


If you are charged with a misdemeanor in the state of New York you need to speak to an attorney immediately. A misdemeanor is a crime, and a conviction of a misdemeanor gives that person a criminal record, potentially for the rest of their life. Or at minimum for at least 10 years before that person can bring a criminal record sealing application. 

David Arpino represents those who have been charged with misdemeanors in Long Island, the five boroughs of NYC, and in the Hudson Valley Region. David does not handle felony cases, so he will not be distracted by “more serious” cases that require devotion of an attorneys significant time and resources. Our firm also does not handle more than 20 misdemeanor cases at any one single time as to ensure that you will always have access to your attorney.