Arrested or Facing Charges in New York? Here’s What You Need to Know.
Introduction
An arrest in New York, whether involving yourself or a loved one, marks an immediate and often disorienting shift in one's life. The transition from daily routine to facing a criminal charge can be profoundly unsettling, generating significant anxiety and uncertainty.
The complexities of the legal system can, at this initial stage, appear overwhelmingly formidable.
This guide aims to demystify the critical first steps following an arrest. Designed to be accessible and free of legal jargon, it provides essential factual information and clear, pragmatic advice.
Our objective is to empower you to understand your legal options, effectively safeguard your rights, and navigate the path toward a resolution.
Common Criminal Charges in New York
New York law covers a long list of potential charges, but a handful tend to come up more often than others. If you're reading this, chances are you or someone you care about is dealing with one of these:
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DWI (Driving While Intoxicated) – Whether it’s alcohol, drugs, or a combination, driving under the influence is taken seriously in New York, even on a first offense.
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Assault – Charges can range from a simple altercation to serious felony assault, depending on what happened and whether anyone was hurt.
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Drug Possession – Marijuana may be legal in some situations, but other drugs, even small amounts, can lead to criminal charges.
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Petit and Grand Larceny – This is theft, plain and simple. Under $1,000? It’s usually petit larceny. Over that? Grand larceny, and things get serious fast.
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Criminal Mischief – That includes damaging someone else's property, think broken windows, graffiti, or vandalism.
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Domestic Violence – These cases often come with protective orders, even before a trial happens.
Misdemeanor vs. Felony: What It Means in New York
You’ll hear these words tossed around a lot - misdemeanor and felony, but what do they really mean?
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A violation isn’t technically a crime (things like loitering or disorderly conduct). You might get fined, maybe spend a day or two in jail.
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A misdemeanor is a criminal offense, but it’s on the lower end of the spectrum.
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Class A Misdemeanors (like a first-time DWI or petty theft) can carry up to 1 year in jail.
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Class B Misdemeanors (like harassment) might land you in jail for up to 3 months.
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Felonies are where things get heavy:
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Class E Felony: Up to 4 years
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Class D Felony: Up to 7 years
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Class C Felony: Up to 15 years
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Class B Felony: Up to 25 years
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Class A Felony: Life in prison
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A good lawyer can sometimes help reduce a felony to a misdemeanor, more on that soon.
What Happens After an Arrest in New York
Getting arrested is jarring, and if it’s your first time, the process feels like a blur. Here’s what usually happens:
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Arrest & Booking – Police take you into custody. You’ll be fingerprinted, photographed, and entered into the system.
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Arraignment – Typically within 24 hours. You go before a judge who reads the charges. They may set bail or let you go.
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Bail – If bail is set and you can pay it, you go home. If not, you stay in custody while your case moves forward.
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Hearings – Your attorney might file motions, challenge evidence, or negotiate with the prosecutor.
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Trial or Plea Deal – Some cases go to trial, but many are resolved with plea agreements.
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Sentencing – If convicted, a judge decides what happens next: jail time, probation, fines, or sometimes, alternative sentencing.
Do You Really Need a Lawyer?
Yes. Even if the charge seems minor. Here’s why:
A defense lawyer knows the system. They can spot weaknesses in the prosecution’s case, negotiate for lesser charges, and help you avoid jail time. And when your future’s on the line, that matters.
Compare top-rated criminal defense lawyers in New York to find someone who’s been through this before and knows how to help.
Public Defenders in New York: What You Should Know
If you can't afford a private attorney, New York has public defenders who can represent you. They're licensed, experienced, and free, but they’re also often juggling dozens of cases at once.
To qualify, you’ll need to fill out a financial disclosure form at your arraignment. If approved, a public defender will be assigned to your case.
They care about your outcome, but be prepared to advocate for yourself and ask questions. Time with them may be limited.
What Penalties Could You Face?
Penalties depend on what you’re charged with and whether it’s your first time in trouble. Here's a quick overview:
| Charge Type | Classification | Maximum Sentence |
|---|---|---|
| Petit Larceny | Class A Misdemeanor | 1 year jail + $1,000 fine |
| Assault 3rd Degree | Class A Misdemeanor | 1 year jail |
| Grand Larceny (>$1,000) | Class E Felony | 4 years prison |
| Burglary | Class C Felony | 15 years prison |
| Drug Sale | Class B Felony | 25 years prison |
| Murder | Class A Felony | Life in prison |
Can You Get a Criminal Record Expunged in New York?
Here’s the truth: New York doesn’t allow full expungement like some other states. But there’s still hope. You might qualify for record sealing, which limits who can see your record, like employers or landlords.
To be eligible, you generally need to have a clean record for 10 years, and the offense must be non-violent.
Learn more about expungement eligibility from the New York State Unified Court System
First-Time Offenders: Is There Leniency in New York?
Yes, absolutely. If this is your first time in trouble with the law, take a deep breath. New York does offer second chances, especially if the charge is non-violent and you don’t have a prior criminal record.
Judges and prosecutors know that people make mistakes. Sometimes it’s a bad decision in a high-stress moment. Sometimes it’s just being in the wrong place at the wrong time.
Whatever the reason, the system in New York has a few ways to help first-time offenders avoid the harshest penalties.
Here are some of the options that might be available:
Adjournment in Contemplation of Dismissal (ACD)
This is often used for minor offenses, things like shoplifting, low-level drug possession, or a bar fight that didn’t involve serious injuries. The court agrees to “pause” your case for six months (sometimes a year).
During that time, you just need to stay out of trouble. No arrests, no new charges. If all goes well, the case is dismissed and sealed. It’s like it never happened. For many people, this is a huge relief and a real chance to move on.
Diversion Programs
If your case involves drug use, mental health challenges, or if you’re a veteran, New York offers programs that focus on treatment instead of jail. These include:
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Drug Court – where you agree to things like counseling, drug testing, and rehab. Finish the program, and your charges might be dropped.
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Mental Health Court – for people whose actions were tied to untreated conditions. Judges here focus more on healing than punishment.
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Veterans Court – built for those who’ve served and now face legal trouble tied to trauma or transition challenges.
These programs take work, they can last months, sometimes longer, but they’re designed to help, not punish. And in the end, many participants walk away without a conviction on their record.
Youthful Offender (YO) Status
If you're between 16 and 18, your lawyer can ask the court to treat you as a “Youthful Offender.” What does that mean? Even if you're found guilty, it won’t go on your permanent criminal record. You won’t have to check a box saying “yes” when future employers or schools ask if you’ve ever been convicted of a crime.
It's a chance to reset the clock before you turn 19. If this is your first time facing a criminal charge, you're probably scared and that's okay.
The good news is, New York doesn’t want to throw the book at people who made one mistake and are willing to make it right.
Talk to your lawyer about these options. They can help you understand what’s possible in your situation and whether you're eligible. It might just be the second chance you didn’t know you had.
How Much Does a Criminal Lawyer Cost in New York?
If you’re facing charges in New York, it’s completely normal to worry about how much a lawyer will cost. Legal fees can feel intimidating, especially when you're already under pressure, but getting solid representation doesn’t always mean draining your savings.
The cost of a criminal defense attorney in New York depends on a few things: the seriousness of the charge, how complex the case is, and the lawyer’s experience level. Here's a general breakdown:
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Misdemeanor cases usually range from $1,000 to $3,500. These might include things like shoplifting, trespassing, or a first-time DWI. The process is typically quicker and more straightforward, so fees are more manageable.
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Felony cases, which are more serious and time-intensive, can cost anywhere from $5,000 to $15,000 or more. If your case might go to trial or involves more serious charges like drug offenses or burglary, the higher end is more likely.
Many criminal defense lawyers offer free consultations, which gives you a chance to understand your options without any commitment. It’s also worth asking if they offer payment plans, a lot of attorneys do, especially for clients who are proactive and communicate honestly about their situation.
You don’t have to come up with everything at once. The important thing is to speak with someone early, even if you're still figuring out finances. Having a lawyer on your side from the beginning can make a huge difference, not just in the outcome of your case, but in how you feel facing it.
Get Help Right Now
You don’t have to figure this out on your own. Whether you’re dealing with a first-time offense or something more serious, the right lawyer can make all the difference.
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People Also Ask (FAQ)
What should I do immediately after being arrested in New York?
Say as little as possible. Ask for a lawyer, and don’t try to explain your side to the police. That can wait.
Can a first offense land you in jail in New York?
It depends, but not always. Judges often prefer probation or treatment programs for first-timers — especially in non-violent cases.
Is it possible to reduce a felony to a misdemeanor in New York?
Yes, through plea negotiations or in court. It depends on the case and your attorney’s strategy.
How long does it take for a criminal case to get resolved in New York?
It can take anywhere from a few weeks to over a year. Misdemeanors often resolve faster than felony cases.
Explore More from Lawyer Monthly
Looking for legal guidance in other states? We’ve got you covered. Whether you’re trying to understand your own rights or helping a loved one through a difficult time, these state-specific criminal defense guides explain what to expect - step by step:
