QUEENS
HOMICIDE, MURDER & MANSLAUGHTER
DEFENSE LAWYER

Have you been charged with Homicide, Murder or Manslaughter Charges in Bronx, Kings or Queens County?

Homicide is the most serious offense a person can be charged with. Even an Attempted Murder charge can carry severe penalties. If you are convicted, you are almost guaranteed a mandatory prison sentence. Any person accused of murder or attempted murder should seek an experienced criminal defense attorney today.

Murder charges are complex, and are nearly impossible to defend without a skilled criminal defense attorney. If you have been arrested for murder, it is imperative that you have an experienced and skilled attorney on your side.  The attorneys at Law Office of Jeffrey D. Cohen understand the ins and outs of New York penal laws.  We will work tirelessly to help you obtain the best possible results for your case.

Law Office of Jeffrey D. Cohen founder, Jeffrey D. Cohen, has nearly three decades of practice in criminal law, about half of which was spent as a prosecutor. He is familiar with the operations and techniques used in the District Attorney’s Office.  Mr. Cohen and his team understand how to use the evidence to win over juries.  Do not give up hope, and do not speak to law enforcement. Call an attorney. You have legal options with the attorneys at Law Office of Jeffrey D. Cohen.

The attorneys at Law Office of Jeffrey D. Cohen defend those accused of murder or attempted murder throughout New York City and Nassau and Suffolk Counties.

Call the attorneys at Law Office of Jeffrey D. Cohen, and schedule your free consultation today.”

Types of Murder Charges in New York

The specific degree of homicide charges in any given case hinges on a range of unique facts and circumstances that are pertinent to your situation. While each case demands a thorough assessment of its individual details, there are key factors that weigh heavily in determining the charge’s degree, including:

  • The presence or absence of an intent to kill, or the involvement of a less culpable mental state, such as recklessness or criminal negligence.
  • The consideration of defenses related to insanity or extreme emotional disturbance.
  • Whether the death occurred accidentally.
  • Whether there was pre-meditation and planning.
  • In cases of alleged accomplice liability, the extent of active participation (as opposed to mere presence).
  • In cases of alleged accomplice liability, the presence or absence of a shared mental intent with the other person.
  • Whether the defendant or another party was provoked, attacked, or acted in self-defense.
  • When the cause of death is uncertain and potentially disputed.
  • Whether a weapon or dangerous instrument was involved.

Possible Sentences

A very likely possibility you could face if you hire an inexperienced attorney

Murder (Homicide) Charges are always felonies and carry extremely serious penalties.

If you are facing murder charges, it is essential that you seek experienced legal representation and advice.  There are several types of homicide charges in New York. These include:

  • First Degree Murder (Penal Law 125.27)– In New York, a first degree murder conviction can carry a sentence with a minimum of 20 years to 25 years and a maximum of life in prison. Alternatively, a sentence of life without parole can be imposed.
  • Aggravated Murder (Penal Law 125.26)- which carries a sentence of life without parole.
  • Second Degree Murder(Penal Law 125.25)— which carries a minimum sentence of 15 years in prison to life and a maximum sentence of 25 years in prison to life.
  • Manslaughter First Degree (Penal Law 125.20) – which carries a minimum determinate sentence of 5 years up to a maximum sentence of 25 years.
  • Aggravated Manslaughter First Degree (Penal Law 125.22)- which carries a minimum determinate sentence of 10 years up to a maximum sentence of 30 years
  • Manslaughter Second Degree (Penal Law 125.15) – which carries a sentence ranging from probation or up to 15 years
  • Aggravated Manslaughter Second Degree (Penal Law 125.15) – which carries a minimum determinate sentence of 7 years up to a maximum of 20 years
  • Aggravated Vehicular Homicide (Penal Law 125.14) – which carries an indeterminate sentence with a minimum ranging from 1 to 8.3 years and maximum ranging from 3 to 25 years
  • Vehicular Manslaughter First Degree (Penal Law 125.13) – which carries an indeterminate sentence with a minimum ranging from 1 to 5 years and maximum ranging from 3 to 15 years
  • Vehicular Manslaughter Second Degree (Penal Law 125.12) – which carries a potential sentence of probation or a definite sentence up to one year or an indeterminate sentence with a minimum ranging from 1 to 2.3 years and maximum ranging from 3 to 7 years
  • Criminally Negligent Homicide (Penal Law 125.10) – which carries a sentence ranging from probation or imprisonment up to 4 years
  • Aggravated Criminally Negligent Homicide (Penal Law 125.11) – which carries an determinate sentence ranging from 3.5 to 15 years

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Overview for Murder Offenses in New York

  • Murder in the First Degree
  • Murder in the Second Degree
  • Aggravated Murder
  • Statute of Limitations
  • Admissible Defenses
  • Additional Resources

Murder in the First Degree in Queens, New York

Murder in the first degree stands alongside aggravated murder as the most serious offense in homicide cases. What sets a first-degree murder case apart are the intended victim, the circumstances, and the underlying motive.

In the state of New York, there are several scenarios that may lead to a First Degree murder charge. These circumstances include:

  • Killing Witnesses: This pertains to cases where the victim witnessed a prior crime and was killed to prevent them from testifying in any subsequent criminal proceedings.
  • Revenge Killing: This involves cases where the victim had previously testified in a criminal proceeding and the killing was an act of retribution. It also extends to the immediate family members of a testifying witness.
  • Intimidation Killing: This scenario applies when the victim is an immediate family member of a witness to a prior crime. The motive behind the killing is to prevent or influence the witness’s testimony.
  • Killing During a Life Sentence: If the accused, who is serving a life sentence with a minimum of 15 years, commits another murder.
  • Killing During Prison Break: If the accused kills someone while attempting to escape from prison or jail.
  • Murder for Hire: When the accused hires someone to kill the victim in exchange for something of monetary value.
  • Serial Killing: If the accused causes the death of two or more individuals within New York State in separate criminal acts within a 24-month period.
  • Torture Killing: This involves acting in an exceptionally cruel and brutal manner, intentionally inflicting torture upon the victim before their death.
  • Killing a Judge: When the accused is aware that the victim is a judge.
  • Terrorist Killing: If the accused kills a victim during or to further an act of terrorism.

Additionally, New York follows the doctrine of “Felony Murder.” Under this doctrine, if a person intentionally kills someone during the commission of specific felonies, they can be charged with Murder in the First Degree. These felonies include:

  • Robbery
  • Burglary in the First Degree
  • Burglary in the Second Degree
  • Kidnapping in the First Degree
  • Arson in the First Degree
  • Arson in the Second Degree
  • Rape in the First Degree
  • Criminal Sexual Act in the First Degree
  • Sexual Abuse in the First Degree
  • Aggravated Sexual Abuse in the First Degree
  • Escape in the First Degree

A conviction of first-degree murder is classified as a Class A-I felony, carrying a maximum penalty of life imprisonment without the possibility of parole. This underscores the critical importance of experienced legal representation in such cases.

Murder in the Second Degree in Queens, New York

The law in New York distinguishes murder into three categories. According to New York Penal Law § 125.25, to secure a conviction for murder in the second degree, the prosecutor must substantiate, beyond a reasonable doubt, one of the following circumstances:

  • Intent to Cause Death: The accused had the deliberate intent to cause the death of another person and subsequently caused that death.
  • Depraved Indifference to Human Life: The accused, demonstrating a callous disregard for human life, engaged recklessly in an act that posed a significant risk of death to another person, resulting in their demise.
  • Felony Murder: The accused, either acting alone or in collaboration with others, committed or attempted a specified felony (such as robbery, burglary, kidnapping, arson, rape, or sexual abuse). In the course of this crime or in immediate flight from it, the death of a non-participant occurred.
  • Sexual Offense and Victim Under 14: If the accused, who is at least 18 years old, committed rape or another sexual offense while in the course of the act, and intentionally caused the death of a person under the age of 14.
  • Depraved Indifference to Human Life with a Minor Victim: Under circumstances that exhibit a “depraved indifference to human life,” an individual who is 18 years or older engaged recklessly in conduct that posed a grave risk of serious physical harm or death to a person under 11 years old, resulting in their death.

Murder in the Second Degree is classified as a Class A-I felony. This offense carries a sentence ranging from 15 to 25 years of imprisonment. However, if the victim was under 14 years old and died during the commission of a sexual offense, the offender may face life imprisonment without the possibility of parole, underscoring the gravity of such a conviction.

Aggravated Murder under New York Law

The state of New York places great emphasis on safeguarding its law enforcement officers and emergency care personnel. In cases where the intended victim of a murder belongs to this protected class, the accused may face an aggravated murder charge. This charge can still apply even if the officer or emergency care worker was not the primary target but was tragically killed during the commission of the murder.

For the charge of aggravated murder to be warranted, it is imperative that the officer or emergency care worker was carrying out their professional duties at the time of the incident, and the accused was cognizant of the victim’s occupation. This special class of protected workers encompasses:

  • Police officer
  • Firefighter, emergency technician, paramedic, ambulance driver, physician, or any other individual engaged in emergency response activities during the commission of the offense
  • Peace officer
  • Employee of a state or local correctional facility

Aggravated murder charges can also stem from the intentional murder of an individual who was 14 years old or younger, particularly if the accused subjected the victim to torture.

If convicted of an aggravated murder charge, the offense is categorized as a Class A-I felony. The most severe penalty for aggravated murder is life imprisonment without the possibility of parole, underscoring the gravity of this conviction.

Statute of Limitations for Murder in New York

A statute of limitations is a legal deadline that governs the timeframe within which the District Attorney’s Office can file formal charges against an alleged offender for a particular crime. This timeframe commences from the date of discovery or when the crime reasonably should have been discovered.

Typically, statutes of limitations are categorized based on the severity of the offense. However, murder stands as an exception to this norm. In cases of murder, there exists no statute of limitations. This signifies that even if the offense was committed many years ago, prosecutors retain the authority to file formal charges.

In the face of murder charges, several defenses may be employed to potentially lessen the severe consequences of a conviction. These include:

  • Extreme Emotional Disturbance: This defense hinges on the argument that the accused committed the act under the influence of extreme emotional disturbance.
  • Assisted Suicide Without Duress or Deception: If it can be demonstrated that the accused assisted in a suicide without exerting undue influence or deception, it could be a viable defense.
  • Denial of Committing the Homicidal Act: The accused may assert that they neither committed the act of homicide nor contributed to its commission. They may further argue that they were not armed with a lethal weapon or any other instrument capable of causing death or serious physical injury, and had no reasonable grounds to believe that any other participant was armed in such a manner. Additionally, they may contend that they had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury (pertaining to felony murder).
  • Mental Disease or Defect: This defense revolves around the assertion that the accused suffered from a mental disease or defect that impacted their capacity to understand the wrongfulness of their actions.
  • Infancy: This defense is applicable to individuals under the age of 13, positing that they lack the mental capacity to fully comprehend the implications of their actions.
  • Self-Defense: This defense maintains that the accused acted to protect themselves from imminent harm.
  • Defense of Another Person: Similar to self-defense, this defense contends that the accused acted to safeguard another individual from imminent harm.

These defenses serve as critical legal strategies that can be employed to challenge and potentially mitigate murder charges. Each defense strategy is tailored to specific circumstances, and the effectiveness of any given defense hinges on the unique facts and legal precedents surrounding the case.

Advice On A Full Range Of Homicide and Manslaughter Charges

By Jeffrey D. Cohen, Esq.

New York is governed by both its own criminal laws and the constitutional limitations and privileges set by the U.S. Constitution. In the American justice system, a person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. The prosecution bears the responsibility of proving every element of a criminal charge. The Fifth Amendment also provides protection for due process and the right against self-incrimination. As a result, it’s crucial to never speak with investigators without the assistance of a qualified attorney.

Contrary to popular belief, speaking with law enforcement does not guarantee a clear understanding of the situation and can harm the defendant’s case. Defenses in criminal cases often have technical requirements that must be met, and a strong understanding of criminal and constitutional law is essential for a successful defense or plea bargain.

New York classifies crimes into three categories: felonies, misdemeanors, and infractions. Felonies are crimes with a punishment of over a year and are classified from A to E based on their severity, with Class A being the most serious. Misdemeanors carry a lighter penalty, while infractions are usually traffic violations with no jail time or heavy fines.

   Class A felonies include the following and have a punishment ranging from life to twenty five years imprisonment:

Charge
Aggravated enterprise corruption 460.22
Aggravated murder 125.26
Arson in the first degree 150.20
Conspiracy in the first degree 105.17
Crime of terrorism 490.25
Criminal possession of a chemical weapon or biological weapon in the first degree 490.45
Criminal possession of a controlled substance in the first degree 220.21
Criminal use of a chemical weapon or biological weapon in the first degree 490.55
Criminal sale of a controlled substance in the first degree 220.43
Kidnapping in the first degree 135.25
Murder in the first degree 125.27
Murder in the second degree 125.25
Operating as a major trafficker 220.77

Class B violent Felonies carry a punishment ranging from five to twenty five years and include:

Charge Penal Code
ATTEMPTED murder in the second degree 125.25
ATTEMPTED kidnapping in the first degree 135.25
ATTEMPTED Arson in the first degree 150.20
Manslaughter in the first degree 125.20
Aggravated manslaughter in the first degree 125.22
Rape in the first degree 130.35
Criminal sexual act in the first degree 130.50
Aggravated sexual abuse in the first degree 130.70
Course of sexual conduct against a child in the first degree 130.75
Assault in the first degree 120.10
Kidnapping in the second degree 135.20
Burglary in the first degree 140.30
Arson in the second degree 150.15
Robbery in the first degree 160.15
Incest in the first degree 255.27
Criminal possession of a weapon in the first degree 265.04
Criminal use of a firearm in the first degree 265.09
Criminal sale of a firearm in the first degree 265.13
Aggravated assault upon a police officer or a peace officer 120.11
Gang assault in the first degree 120.07
Intimidating a victim or witness in the first degree 215.17
Hindering prosecution of terrorism in the first degree 490.35
Criminal possession of a chemical weapon or biological weapon in the second degree 490.40
Criminal use of a chemical weapon or biological weapon in the third degree 490.47

Class B non-violent felonies carry a prison term of between one to twenty five years and include:

Charge Penal Code
ATTEMPT to commit class A-I felony A-I Felony
Conspiracy in the second degree 105.15
Criminal facilitation in the first degree 115.08
Aggravated vehicular homicide 125.14
Criminal mischief in the first degree 145.12
Grand larceny in the first degree 155.42
Welfare fraud in the first degree 158.25
Criminal possession of stolen property in the first degree 165.54
Insurance fraud in the first degree 176.30
Life settlement fraud in the first degree 176.65
Health care fraud in the first degree 177.25
Residential mortgage fraud in the first degree 187.25
Bribery in the first degree 200.04
Bribe receiving in the first degree 200.12
Tampering with a witness in the first degree 215.13
Criminal possession of a controlled substance in the third degree 220.16
Criminal sale of a controlled substance in the third degree 220.39
Criminal sale of a controlled substance in or near school grounds 220.44
Criminal sale of a controlled substance to a child 220.48
Unlawful manufacture of methamphetamine in the first degree 220.75
Promoting prostitution in the first degree 230.32
Compelling prostitution 230.33
Facilitating a sexual performance by a child with a controlled substance or alcohol 263.30
Enterprise corruption 460.20
Money laundering in the first degree 470.20
Money laundering in support of terrorism in the first degree 470.24
Corrupting the government in the first degree 496.05

Class C violent felonies carry a prison term of between 3.5 to fifteen years and include:

Charge Penal Code
ATTEMPT to commit any class b violent felony B Violent
Aggravated criminally negligent homicide 125.11
Aggravated manslaughter in the second degree 125.21
Aggravated sexual abuse in the second degree 130.67
Assault on a peace officer, police officer, fireman or emergency medical services professional 120.08
Assault on a judge 120.09
Gang assault in the second degree 120.06
Strangulation in the first degree 121.13
Burglary in the second degree 140.25
Robbery in the second degree 160.10
Criminal possession of a weapon in the second degree 265.03
Criminal use of a firearm in the second degree 265.08
Criminal sale of a firearm in the second degree 265.12
Criminal sale of a firearm with the aid of a minor 265.14
Aggravated criminal possession of a weapon 265.19
Soliciting or providing support for an act of terrorism in the first degree 490.15
Hindering prosecution of terrorism in the second degree 490.30
Criminal possession of a chemical weapon or biological weapon in the third degree 490.37

Class C non-violent felonies carry a prison term of between probation to jail term of fifteen years and include:

ATTEMPT to commit class B felony B Felony
Criminal solicitation in the first degree 100.13
Criminal facilitation in the second degree 115.05
Aggravated vehicular assault 120.04-a
Vehicular manslaughter in the first degree 125.13
Manslaughter in the second degree 125.15
Arson in the third degree 150.10
Grand larceny in the second degree 155.40
Aggravated grand larceny of an automated teller machine 155.43
Computer tampering in the first degree 156.27
Welfare fraud in the second degree 158.20
Criminal possession of public benefit cards in the first degree 158.50
Criminal possession of stolen property in the second degree 165.52
Forgery in the first degree 170.15
Criminal possession of a forged instrument in the first degree 170.30
Insurance fraud in the second degree 176.25
Life settlement fraud in the second degree 176.60
Health care fraud in the second degree 177.20
Criminal diversion of prescription medications and prescriptions in the first degree 178.25
Residential mortgage fraud in the second degree 187.20
Criminal usury in the first degree 190.42
Bribery in the second degree 200.03
Bribe receiving in the second degree 200.11
Rewarding official misconduct in the first degree 200.22
Receiving reward for official misconduct in the first degree 200.27
Criminal possession of a controlled substance in the fourth degree 220.09
Criminal sale of a controlled substance in the fourth degree 220.34
Criminal sale of a prescription for a controlled substance 220.65
Unlawful manufacture of methamphetamine in the second degree 220.74
Criminal possession of marihuana in the first degree 221.30
Criminal sale of marihuana in the first degree 221.55
Promoting prostitution in the second degree 230.30
Use of a child in a sexual performance 263.05
Criminal sale of a firearm to a minor 265.16
Money laundering in the second degree 470.15
Money laundering in support of terrorism in the second degree 470.23
Corrupting the government in the second degree 496.04

Class D violent felonies carry a prison term of between two to seven years and include:

Charge Penal Code
ATTEMPT to commit any class c violent felony C Violent
Reckless assault of a child 120.02
Assault in the second degree 120.05
Menacing a police officer or peace officer 120.18
Stalking in the first degree 120.60
Strangulation in the second degree 121.12
Rape in the second degree 130.30
Criminal sexual act in the second degree 130.45
Sexual abuse in the first degree 130.65
Course of sexual conduct against a child in the second degree 130.80
Aggravated sexual abuse in the third degree 130.66
Facilitating a sex offense with a controlled substance 130.90
Criminal possession of a weapon in the third degree 265.02
Criminal sale of a firearm in the third degree 265.11
Intimidating a victim or witness in the second degree 215.16
Soliciting or providing support for an act of terrorism in the second degree 490.10
Making a terroristic threat 490.20
Falsely reporting an incident in the first degree 240.60
Placing a false bomb or hazardous substance in the first degree 240.62
Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall 240.63
Aggravated unpermitted use of indoor pyrotechnics in the first degree 405.18

Class D Non-violent felonies carry a prison term of between probation to seven years and include:

Charge Penal Code
ATTEMPT to commit class c felony C Felony
Criminal solicitation in the second degree 100.10
Conspiracy in the third degree 105.13
Vehicular assault in the first degree 120.04
Reckless endangerment in the first degree 120.25
Vehicular manslaughter in the second degree 125.12
Abortion in the first degree 125.45
Labor trafficking 135.35
Coercion in the first degree 135.36
Criminal trespass in the first degree 140.17
Burglary in the third degree 140.20
Criminal mischief in the second degree 145.10
Criminal tampering in the first degree 145.20
Aggravated cemetery desecration in the first degree 145.27
Grand larceny in the third degree 155.35
Computer tampering in the second degree 156.26
Welfare fraud in the third degree 158.15
Criminal possession of public benefit cards in the second degree 158.45
Robbery in the third degree 160.05
Unauthorized use of a vehicle in the first degree 165.08
Auto stripping in the first degree 165.11
Criminal possession of stolen property in the third degree 165.50
Forgery in the second degree 170.10
Criminal possession of a forged instrument in the second degree 170.25
Criminal possession of forgery devices 170.40
Fraudulent making of an electronic access device in the second degree 170.75
Tampering with public records in the first degree 175.25
Insurance fraud in the third degree 176.20
Aggravated insurance fraud 176.35
Health care fraud in the third degree 177.15
Bribing a labor official 180.15
Bribe receiving by a labor official 180.25
Residential mortgage fraud in the third degree 187.15
Identity theft in the first degree 190.80
Aggravated identity theft 190.80-a
Unlawful possession of personal identification information in the first degree 190.83
Obstructing governmental administration by means of a self-defense spray device 195.08
Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance 195.17
Bribery in the third degree 200.00
Bribe receiving in the third degree 200.10
Bribe giving for public office 200.45
Bribe receiving for public office 200.50
Impairing the integrity of a government licensing examination 200.55
Escape in the first degree 205.15
Promoting prison contraband in the first degree 205.25
Hindering prosecution in the first degree 205.65
Perjury in the first degree 210.15
Bribe receiving by a witness 215.05
Tampering with a witness in the second degree 215.12
Bribing a juror 215.19
Bribe receiving by a juror 215.20
Aggravated criminal contempt 215.52
Bail jumping in the first degree 215.57
Criminal possession of a controlled substance in the fifth degree 220.06
Criminal sale of a controlled substance in the fifth degree 220.31
Criminally using drug paraphernalia in the first degree 220.55
Unlawful manufacture of methamphetamine in the third degree 220.73
Criminal possession of marihuana in the second degree 221.25
Criminal sale of marihuana in the second degree 221.50
Patronizing a prostitute in the first degree 230.06
Promoting prostitution in the third degree 230.25
Obscenity in the first degree 235.07
Disseminating indecent material to minors in the first degree 235.22
Unlawful surveillance in the first degree 250.50
Incest in the second degree 255.26
Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree 260.34
Promoting an obscene sexual performance by a child 263.10
Promoting a sexual performance by a child 263.15
Criminal purchase or disposal of a weapon 265.17
Unlawful fleeing a police officer in a motor vehicle in the first degree 270.35
Money laundering in the third degree 470.10
Money laundering in support of terrorism in the third degree 470.22
Corrupting the government in the third degree 496.03

Class E violent felonies carry a term of probation to four years jail time and include:

Charge Penal Code
Persistent sexual abuse 130.53
Aggravated sexual abuse in the fourth degree 130.65-a
Falsely reporting an incident in the second degree 240.55
Placing a false bomb or hazardous substance in the second degree 240.61
ATTEMPT to commit criminal possession of a weapon in the third degree subdivision five, six, seven or eight 265.02

Class E non-violent felonies carry a punishment term of between probation to four years jail time and include:

ATTEMPT to commit class d felony D Felony
Criminal solicitation in the third degree 100.08
Conspiracy in the fourth degree 105.10
Criminal facilitation in the third degree 115.01
Reckless assault of a child by a child day care provider 120.01
Vehicular assault in the second degree 120.03
Aggravated assault upon a person less than eleven years old 120.12
Menacing in the first degree 120.13
Promoting a suicide attempt 120.30
Stalking in the second degree 120.55
Luring a child 120.70
Criminally negligent homicide 125.10
Abortion in the second degree 125.40
Rape in the third degree 130.25
Criminal sexual act in the third degree 130.40
Female genital mutilation 130.85
Unlawful imprisonment in the first degree 135.10
Custodial interference in the first degree 135.50
Substitution of children 135.55
Criminal mischief in the third degree 145.05
Cemetery desecration in the first degree 145.23
Aggravated cemetery desecration in the second degree 145.26
Tampering with a consumer product in the first degree 145.45
Arson in the fourth degree 150.05
Grand larceny in the fourth degree 155.30
Computer trespass 156.10
Computer tampering in the third degree 156.25
Unlawful duplication of computer related material in the first degree 156.30
Criminal possession of computer related material 156.35
Welfare fraud in the fourth degree 158.10
Criminal use of a public benefit card in the first degree 158.35
Criminal possession of public benefit cards in the third degree 158.40
Unauthorized use of a vehicle in the second degree 165.06
Unlawful use of secret scientific material 165.07
Auto stripping in the second degree 165.10
Criminal possession of stolen property in the fourth degree 165.45
Trademark counterfeiting in the second degree 165.72
Unlawfully using slugs in the first degree 170.60
Forgery of a vehicle identification number 170.65
Illegal possession of a vehicle identification number 170.70
Falsifying business records in the first degree 175.10
Offering a false instrument for filing in the first degree 175.35
Issuing a false certificate 175.40
Insurance fraud in the fourth degree 176.15
Life settlement fraud in the fourth degree 176.50
Health care fraud in the fourth degree 177.10
Criminal diversion of prescription medications and prescriptions in the third degree 178.15
Criminal diversion of medical marihuana in the first degree 179.10
Commercial bribing in the first degree 180.03
Commercial bribe receiving in the first degree 180.08
Sports bribe receiving 180.45
Tampering with a sports contest in the first degree 180.51
Impairing the integrity of a pari-mutuel betting system in the second degree 180.52
Rent gouging in the first degree 180.57
Residential mortgage fraud in the fourth degree 187.10
Criminal impersonation in the first degree 190.26
Unlawfully concealing a will 190.30
Scheme to defraud in the first degree 190.65
Criminal use of an access device in the first degree 190.76
Identity theft in the second degree 190.79
Unlawful possession of personal identification information in the second degree 190.82
Unlawful possession of a skimmer device in the first degree 190.86
Defrauding the government 195.20
Rewarding official misconduct in the second degree 200.20
Receiving reward for official misconduct in the second degree 200.25
Escape in the second degree 205.10
Absconding from temporary release in the first degree 205.17
Absconding from a community treatment facility 205.19
Hindering prosecution in the second degree 205.60
Perjury in the second degree 210.10
Making an apparently sworn false statement in the first degree 210.40
Tampering with a witness in the third degree 215.11
Intimidating a victim or witness in the third degree 215.15
Tampering with physical evidence 215.40
Criminal contempt in the first degree 215.51
Bail jumping in the second degree 215.56
Unlawful grand jury disclosure 215.70
Use of a child to commit a controlled substance offense 220.28
Criminal injection of a narcotic drug 220.46
Criminal possession of precursors of controlled substances 220.60
Criminal possession of methamphetamine manufacturing material in the first degree 220.71
Criminal possession of precursors of methamphetamine 220.72
Unlawful disposal of methamphetamine laboratory material 220.76
Criminal possession of marihuana in the third degree 221.20
Criminal sale of marihuana in the third degree 221.45
Promoting gambling in the first degree 225.10
Possession of gambling records in the first degree 225.20
Gaming fraud in the first degree 225.60
Possession of unlawful gaming property in the second degree 225.75
Use of unlawful gaming property 225.85
Patronizing a prostitute in the second degree 230.05
Promoting prostitution in a school zone 230.19
Obscenity in the second degree 235.06
Disseminating indecent material to minors in the second degree 235.21
Riot in the first degree 240.06
Criminal anarchy 240.15
Aggravated harassment in the first degree 240.31
Aggravated harassment of an employee by an inmate 240.32
Criminal nuisance in the first degree 240.46
Criminal interference with health care services or religious worship in the first degree 240.71
Aggravated interference with health care services in the second degree 240.72
Aggravated interference with health care services in the first degree 240.73
Directing a laser at an aircraft in the first degree 240.77
Harassment of a rent regulated tenant 241.05
Harming a service animal in the first degree 242.15
Eavesdropping 250.05
Unlawful surveillance in the second degree 250.45
Dissemination of an unlawful surveillance image in the first degree 250.60
Incest in the third degree 255.25
Possessing an obscene sexual performance by a child 263.11
Bigamy 255.15
Abandonment of a child 260.00
Non-support of a child in the first degree 260.06
Endangering the welfare of an incompetent or physically disabled person in the first degree 260.25
Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree 260.32
Possessing a sexual performance by a child 263.16
Criminal possession of a weapon on school grounds 265.01-A
Criminal possession of a firearm 265.01-B
Unlawfully dealing with fireworks and dangerous fireworks 270.00(2biii)
Unlawful wearing of a body vest 270.20
Unlawful fleeing a police officer in a motor vehicle in the second degree 270.30
Manufacture of unauthorized recordings in the first degree 275.10
Manufacture or sale of an unauthorized recording of a performance in the first degree 275.20
Advertisement or sale of unauthorized recordings in the first degree 275.30
Unauthorized operation of a recording device in a motion picture or live theater in the first degree 275.34
Failure to disclose the origin of a recording in the first degree 275.40
Aggravated unpermitted use of indoor pyrotechnics in the second degree 405.16
Money laundering in the fourth degree 470.05
Money laundering in support of terrorism in the fourth degree 470.21
Corrupting the government in the fourth degree 496.02

A misdemeanor is an offense, other than a “traffic infraction,” for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a te rm of imprisonment in excess of one year cannot be imposed. New York misdemeanors are classified in two classes, class A and class B. Class A Misdemeanors include:

ATTEMPT to commit a class e felony E Felony
Criminal solicitation in the fourth degree 100.05
Conspiracy in the fifth degree 105.05
Criminal facilitation in the fourth degree 115.00
Assault in the third degree 120.00
Menacing in the second degree 120.14
Hazing in the first degree 120.16
Reckless endangerment in the second degree 120.20
Stalking in the third degree 120.50
Criminal obstruction of breathing or blood circulation 121.11
Self-abortion in the first degree 125.55
Sexual misconduct 130.20
Forcible touching 130.52
Sexual abuse in the second degree 130.60
Unlawful imprisonment in the second degree 135.05
Custodial interference in the second degree 135.45
Coercion in the second degree 135.60
Criminal trespass in the second degree 140.15
Possession of burglar’s tools 140.35
Criminal mischief in the fourth degree 145.00
Criminal tampering in the second degree 145.15
Cemetery desecration in the second degree 145.22
Tampering with a consumer product in the second degree 145.40
Making graffiti 145.60
Criminal possession of a taximeter accelerating device 145.70
Arson in the fifth degree 150.01
Petit larceny 155.25
Unauthorized use of a computer 156.05
Computer tampering in the fourth degree 156.20
Welfare fraud in the fifth degree 158.05
Criminal use of a public benefit card in the second degree 158.30
Misapplication of property 165.00
Unauthorized use of a vehicle in the third degree 165.05
Auto stripping in the third degree 165.09
Theft of services 165.15
Unlawful use of credit card, debit card or public benefit card 165.17
Fraudulently obtaining a signature 165.20
Jostling 165.25
Fraudulent accosting 165.30
Criminal possession of stolen property in the fifth degree 165.40
Trademark counterfeiting in the third degree 165.71
Forgery in the third degree 170.05
Criminal possession of a forged instrument in the third degree 170.20
Criminal simulation 170.45
Falsifying business records in the second degree 175.05
Tampering with public records in the second degree 175.20
Offering a false instrument for filing in the second degree 175.30
Issuing a false financial statement 175.45
Insurance fraud in the fifth degree 176.10
Life settlement fraud in the fifth degree 176.45
Health care fraud in the fifth degree 177.05
Criminal retention of medical marihuana 179.15
Commercial bribing in the second degree 180.00
Commercial bribe receiving in the second degree 180.05
Tampering with a sports contest in the second degree 180.50
Rent gouging in the second degree 180.56
Fraud in insolvency 185.00
Fraud involving a security interest 185.05
Fraudulent disposition of mortgaged property 185.10
Fraudulent disposition of property subject to a conditional sale contract 185.15
Residential mortgage fraud in the fifth degree 187.05
False advertising 190.20
Criminal impersonation in the second degree 190.25
Criminal sale of a police uniform 190.27
Possession of usurious loan records 190.45
Making a false statement of credit terms 190.55
Scheme to defraud in the second degree 190.60
Scheme to defraud the state by unlawfully selling prescriptions 190.70
Unauthorized radio transmission 190.72
Criminal use of an access device in the second degree 190.75
Identity theft in the third degree 190.78
Unlawful possession of personal identification information in the third degree 190.81
Unlawful possession of a skimmer device in the second degree 190.85
Official misconduct 195.00
Obstructing governmental administration in the second degree 195.05
Killing or injuring a police animal 195.06
Harming an animal trained to aid a person with a disability in the first degree 195.12
Obstructing emergency medical services 195.16
Giving unlawful gratuities 200.30
Receiving unlawful gratuities 200.35
Escape in the third degree 205.05
Absconding from a furlough program 205.18
Promoting prison contraband in the second degree 205.20
Hindering prosecution in the third degree 205.55
Perjury in the third degree 210.05
Making an apparently sworn false statement in the second degree 210.35
Making a punishable false written statement 210.45
Tampering with a witness in the fourth degree 215.10
Providing a juror with a gratuity 215.22
Tampering with a juror in the first degree 215.25
Misconduct by a juror in the first degree 215.30
Compounding a crime 215.45
Criminal contempt in the second degree 215.50
Bail jumping in the third degree 215.55
Criminal contempt of the legislature 215.60
Criminal contempt of a temporary state commission 215.65
Criminal contempt of the state commission on judicial conduct 215.66
Unlawful disposition of assets subject to forfeiture 215.80
Criminal possession of a controlled substance in the seventh degree 220.03
Criminally possessing a hypodermic instrument 220.45
Criminally using drug paraphernalia in the second degree 220.50
Criminal possession of methamphetamine manufacturing material in the second degree 220.70
Criminal possession of marihuana in the fourth degree 221.15
Criminal sale of marihuana in the fourth degree 221.40
Promoting gambling in the second degree 225.05
Possession of gambling records in the second degree 225.15
Possession of a gambling device 225.30
Gaming fraud in the second degree 225.55
Use of counterfeit, unapproved or unlawful wagering instruments 225.65
Possession of unlawful gaming property in the third degree 225.70
Manipulation of gaming outcomes at an authorized gaming establishment 225.90
Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming 225.95
Prostitution in a school zone 230.03
Patronizing a prostitute in the third degree 230.04
Promoting prostitution in the fourth degree 230.20
Obscenity in the third degree 235.05
Riot in the second degree 240.05
Inciting to riot 240.08
Disruption, or disturbance of religious service 240.21
Aggravated harassment in the second degree 240.30
Loitering for the purpose of engaging in a prostitution offense 240.37(3)
Disseminating a false registered sex offender notice 240.48
Falsely reporting an incident in the third degree 240.50
Criminal interference with health care services or religious worship in the second degree 240.70
Directing a laser at an aircraft in the second degree 240.76
Harming a service animal in the second degree 242.10
Public lewdness in the first degree 245.03
Public display of offensive sexual material 245.11
Possession of eavesdropping devices 250.10
Divulging an eavesdropping warrant 250.20
Dissemination of an unlawful surveillance image in the second degree 250.55
Unlawfully solemnizing a marriage 255.00
Unlawfully issuing a dissolution decree 255.05
Unlawfully procuring a marriage license 255.10
Non-support of a child in the second degree 260.05
Endangering the welfare of a child 260.10
Unlawfully dealing with a child in the first degree 260.20
Endangering the welfare of an incompetent or physically disabled person in the second degree 260.24
Misrepresentation by a child day care provider 260.31
Criminal possession of a weapon in the fourth degree 265.01
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. 265.10
Certain wounds to be reported 265.25
Burn injury and wounds to be reported 265.26
Prohibited use of weapons 265.35
Unlawful possession of a large capacity ammunition feeding device 265.36
Unlawful possession of certain ammunition feeding devices (2nd offense/not home) 265.37
Safe storage of rifles, shotguns, and firearms 265.45
Unlawfully dealing with fireworks and dangerous fireworks 270.00(2aii,2bii)
Unlawful fleeing a police officer in a motor vehicle in the third degree 270.25
Manufacture of unauthorized recordings in the second degree 275.05
Manufacture or sale of an unauthorized recording of a performance in the second degree 275.15
Advertisement or sale of unauthorized recordings in the second degree 275.25
Unauthorized operation of a recording device in a motion picture or live theater in the second degree 275.33
Failure to disclose the origin of a recording in the second degree 275.35
Licenses to carry, possess, repair and dispose of firearms 400.00(15)
Unpermitted use of indoor pyrotechnics in the second degree 405.12

Class B Misdemeanors include:

Conspiracy in the sixth degree 105.00
Menacing in the third degree 120.15
Stalking in the fourth degree 120.45
Self-abortion in the second degree 125.50
Issuing abortional articles 125.60
Sexual abuse in the third degree 130.55
Criminal trespass in the third degree 140.10
Unlawful possession of radio devices 140.40
Criminal tampering in the third degree 145.14
Reckless endangerment of property 145.25
Possession of graffiti instruments 145.65
Unlawful duplication of computer related material in the second degree 156.29
Unauthorized sale of certain transportation services 165.16
Fortune telling 165.35
Criminal possession of an anti-security item 170.47
Unlawfully using slugs in the second degree 170.55
Criminal diversion of medical marihuana in the second degree 179.11
Rent gouging in the third degree 180.55
Issuing a bad check 190.05
False personation 190.23
Misconduct by corporate official 190.35
Unlawful collection practices 190.50
Harming an animal trained to aid a person with a disability in the second degree 195.11
Refusing to aid a peace or a police officer 195.10
Employer unlawfully penalizing witness or victim 215.14
Tampering with a juror in the second degree 215.23
Unlawful disclosure of an indictment 215.75
Criminal possession of marihuana in the fifth degree 221.10
Criminal sale of marihuana in the fifth degree 221.35
Prostitution 230.00
Permitting prostitution 230.40
Unlawful assembly 240.10
Harassment in the first degree 240.25
Loitering in the first degree 240.36
Loitering for the purpose of engaging in a prostitution offense (previous conviction) 240.37(2)
Criminal nuisance in the second degree 240.45
Interference, harassment or intimidation of a service animal 242.05
Public lewdness 245.00
Failure to report wiretapping 250.15
Tampering with private communications 250.25
Failing to report criminal communications 250.35
Adultery 255.17
Unlawfully dealing with a child in the second degree 260.21
Unlawful possession of certain ammunition feeding devices (2nd offense/home) 265.37
Unlawfully dealing with fireworks and dangerous fireworks (2a,5) 270.00
Unlawfully possessing or selling noxious material 270.05
Creating a hazard 270.10
Unlawfully refusing to yield a party line 270.15

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