New York Criminal Law

New York criminal law provides detailed explanation of crimes and punishments, and can be difficult to follow and understand. Below is a brief selection of common criminal law questions in New York. The selections are not exhaustive, but provide insight into the laws of New York. For specific questions, contact a New York criminal defense attorney.

Drug Possession in New York

New York drug laws specify a long list of drugs possession, sale, manufacture, or transportation of which is prohibited. The severity of the punishment for the crime depends on the classification of the drug, and the degree of the criminal behavior associated with the drug:

• New York Marijuana Offenses:
  • Possession: possession crimes for marijuana vary depending on the quantity of Marijuana possessed:
    • 1 gram– 8 ounces
      • misdemeanors punishable by fines between $500 - $1000
    • 8 ounces – over 10 pounds
      • felonies punishable by a prison term ranging from 4 – 15 years.
  • Sale: criminal sale of marijuana is broken down depending on the quantity sold or who the marijuana is sold to:
    • 1 gram - 1 ounce
      • misdemeanors punishable by fine between $500 - $1000.
    • 1 ounce – 16 ounces and over
      • felonies punishable by a prison term ranging from 4 – 15 years
• New York Narcotics Offenses: New York has a wide range of substances classified depending on how serious or dangerous the drug is.
  • Possession: Possession of drugs such as cocaine, heroin, methamphetamines, or certain quantities of painkillers is a felony, and depending on the quantity could result in a prison term of 4 years for less than an ounce to up to 25 years for four ounces.
  • Sale: Sale of narcotics, like possession, is a felony with the degree depending on the nature and quantity of the drugs being sold. Punishment can range from 4 – over 25 years.

The specific offenses are spelled out in more detail in the New York drug possession laws, which can be complicated further by previous offences. If you have been arrested for drug possession or sale, contact a New York criminal defense attorney.

Assault in New York

An offense for assault and battery in New York arises from the crimes of Menacing and Assault. There are many factors that can aggravate an assault charge, such as using a vehicle or committing the assault against minors or on school grounds. If arrested for assault, contact a New York criminal defense attorney.

• Menacing in New York: menacing does not require the accused to actually harm the alleged victim. There are three primary degrees of menacing:
  • 3rd degree menacing is a misdemeanor punishable by up to a $500 fine
  • 2nd degree menacing is a misdemeanor punishable by up to a $1000 fine
  • 1st degree menacing is a felony punishable by up to 4 years in prison
• Assault in New York: in order to commit assault, a person must cause physical harm to another. There are three primary degrees of assault:
  • 3rd degree assault occurs is a misdemeanor punishable by up to a $1,000 fine
  • 2nd degree assault is a felony punishable by up to 7 years in prison
  • 1st degree assault is a felony punishable by up to 25 years in prison

New York DUI

A DUI in New York is a serious offense, and should not be considered lightly. A DUI can result in a fine up to $1000, a suspension of a license, possible required counseling, and further penalties for subsequent DUIs. Should the offense result in injury or loss of life, the consequences are increasingly severe. If arrested for a DUI in New York, it is advisable to contact a New York DUI Attorney.

Right to a Jury in New York

An indictment in New York will be settled by a jury trial. However, the defendant may elect to waive their right to a jury trial and have a bench trial (judge is the jury), unless the indictment is for murder in the first degree. In order to waive the right to a jury in New York, a defendant must do so in writing and present it to the Court. The right will be waived unless the Court finds the waiver to be a tactic to gain a procedural advantage.

Trial Date in New York

A defendant in New York has a right to a speedy and fair trial, and New York criminal procedure outlines timeframes for the process:

• Felonies: trial within six months if defendant is released on bail, 90 days if defendant remains in custody
• Misdemeanors punishable by 3 or more months in jail: 90 days if defendant is released on bail, 30 days if defendant remains in custody
• Misdemeanors not punishable by 3 months in jail: 30 days if defendant is released on bail, 15 days if defendant remains in custody

In any case either party may make a motion for a continuance, and the Court will rule on the motion after considering party’s sincere need, availability of witnesses / evidence, and the preparedness of the parties. You should speak with a New York criminal defense attorney if you believe your right to a speedy and fair trial has been violated.

Sentence Review and Appeals in New York

New York’s appeal process allows a defendant to challenge a conviction, sentence, or an order in their case. A defendant can challenge a sentence, an order to forfeit assets, an order denying use of forensic DNA evidence, and others. For more information on the appeal process in New York, contact a New York criminal defense attorney.

New York Criminal Law Statutes

To see the following New York Criminal Law Statutes, click here:

1. Drug Possession in New York
   • New York Penal Law, Article 220: Controlled Substance Offenses. §§ 220.03 – 220.43
   • New York Penal Law, Article 221: Offenses Involving Marijuana. §§ 221.05 – 221.55
   • New York Penal Law, Article 70: Sentences of Imprisonment, § 70
   • New York Penal Law, Article 80: Fines, § 80
2. Assault in New York
   • New York Penal Law, Article 120: Assault and Related Offenses,
     • Assault: §§ 120, 120.05, 120.10;
     • Menace: §§ 120.13 – 120.15
3. New York DUI law
   • New York Vehicle and Traffic Law, Article 31: Alcohol and Drug Related Offenses, §§ 1192 – 1193
4. Right to a Jury in New York
   • New York Code of Criminal Procedure, Article 320: Waiver of Jury Trial, § 320.10
5. Trial Dates in New York
   • New York Code of Criminal Procedure, Article 30: Timeliness of Prosecutions and Speedy Trial, § 30.30
6. Sentence Review and Appeals in New York
   • New York Code of Criminal Procedure, Article 450: Appeals, §§ 450.10 – 450.60