Maximum is 1 year in jail. If this issue is related to immigration, contact an immigration attorney.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
The maximum penalty for an adult would be one year. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
Why are your thinking about maximums?
As has been properly pointed out already, the sentence could be one year in jail, served in a full eight months. But the court may impose less time, right down to some weekends and three years probation, or a conditional discharge (informal probation) with no jail time, or an unconditional discharge, which is unlikely.
As a first offense, there is a device known as an Adjournment in Contemplation of Dismissal under Criminal Procedure Law Section 170.55. Sometimes there are conditions imposed for teh granting of the ACD such as restitution or some hours of community service. It this is successfully completed, the case is adjourned for a period of six months. If you are in no new trouble during this period, the case is dismissed and sealed without you having to go back to court. If you get into new trouble during that time, the ACD MAY be revoked, plus you will have to deal with whatever new trouble you got into. There is not plea to a lesser charge. Your original not guilty plea remains in place through out the case.
Also, this Class A misdemeanor could be reduced to a Class B misdemeanor, or reduced to a non-criminal violation of the Penal Law (disorderly conduct or trespass for instance). Pleading to a non-criminal violation doe not technically give you a criminal record. These offenses have shorter maximum sentences.
You have a lot of choices if this is properly handled.
As the other attorneys have posted the max is one year. However, if you have never been in trouble before with the help of an experienced criminal law attorney, you will more likely than not will be able to get a non criminal disposition.
Do not plead guilty to anything - you need an attorney! Feel free to contact me if you have any particular questions about the Clarkstown Court if that's where you were charged. I appear there every week and used to be the ADA there, so if you want to know what to expect before you get there feel free to contact me! Best of Luck!!!
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