The first thing most people want to know after an arrest is whether they are looking at a felony or a misdemeanor. It is the right question to ask. The answer changes almost everything that happens next.
What it does not change is the panic in the room. I have sat across from people who just learned they were charged with a low-level misdemeanor and they were shaking. I have also sat with people facing a felony who somehow thought it was “no big deal.” Both reactions made sense to the person sitting there. Neither was accurate. So let me walk you through what these two categories actually mean in Brooklyn, what they really cost, and what can be done about either one.
Here is what we will cover
- What separates a misdemeanor from a felony under New York law
- The classes of each, A through E for felonies and A or B for misdemeanors
- What the real-world consequences look like beyond jail or probation
- How and when felonies get reduced to misdemeanors, and what that takes
- Why the Kings County District Attorney’s Office handles them differently
- What to do in the first week after a charge at either level
The line New York draws
New York divides crimes into three buckets. Violations, which are not technically crimes. Misdemeanors, which are. And felonies, which sit at the top.
The legal line is simple. A misdemeanor carries a maximum sentence of up to one year. A felony carries more than one year. That single number, one year, is the dividing line, and everything procedural flows from it.
In practice, that line has a lot of consequences. A misdemeanor stays in Brooklyn Criminal Court. A felony can move to Kings County Supreme Court after the grand jury votes an indictment. A misdemeanor conviction will appear on your criminal record and may be eligible for sealing or other relief in some circumstances, depending on the offense, your overall record, and the time that has passed. A felony conviction is far more difficult to move past, even though some felony convictions can also be sealed under limited conditions. Either type of conviction can affect your career or immigration status, but a felony, even one that does not result in prison time, carries significantly greater risk for employment, licensing, housing, and immigration consequences.
Misdemeanors in New York: Class A, Class B, and the violations below them
New York has two classes of misdemeanor and one notch below them.
Class A misdemeanor.
Maximum sentence: 364 days. Examples include third-degree assault, petit larceny, criminal mischief in the fourth degree, and certain drug possession charges. Class A misdemeanors are the workhorse of Brooklyn Criminal Court. They make up the bulk of the calendar most days.
Class B misdemeanors
Maximum sentence: 90 days in jail. In Brooklyn Criminal Court, these cases often involve lower-level charges such as prostitution, harassment in the first degree, criminal trespass in the third degree, and some lower-level drug paraphernalia offenses. While a Class B misdemeanor is less serious than a Class A misdemeanor or felony, it is still a criminal charge that can create a permanent record if not handled properly.
Violations.
Below misdemeanors. Disorderly conduct and harassment in the second degree are the common ones. These are not crimes in the technical sense, which matters because a violation does not give you a criminal record in the way a misdemeanor conviction does.
New York Felony Classes: Understanding Felony Charges in Brooklyn
Felony charges in New York are divided into five main classes: Class A, Class B, Class C, Class D, and Class E felonies. The felony class matters because it affects the potential prison sentence, plea negotiations, bail arguments, collateral consequences, and how aggressively the case may be prosecuted. In Brooklyn, felony cases are handled in Kings County Criminal Court at the early stages and may later proceed to Supreme Court if the case is indicted or otherwise transferred.
The examples below are not exhaustive. New York criminal charges depend on the statute, the specific facts alleged, the defendant’s criminal history, whether the offense is classified as violent or non-violent, and whether mandatory sentencing rules apply.
Class A Felonies in New York
Class A felonies are the most serious felony offenses under New York law. These charges can carry life sentences and are treated as the highest-level criminal cases in the state. Examples may include murder, terrorism-related offenses, kidnapping in the first degree, and certain major narcotics trafficking charges. Although Class A felonies are less common than lower-level felony arrests, they carry the most severe exposure and demand immediate, strategic defense work.
Class B Felonies in New York
Class B felonies are extremely serious offenses that can carry a maximum sentence of up to 25 years in prison. Examples may include robbery in the first degree, assault in the first degree, burglary in the first degree, kidnapping in the second degree, certain high-level drug sales, and some serious weapons-related offenses. In Brooklyn felony cases, Class B charges are often prosecuted by experienced attorneys within the Kings County District Attorney’s Office because the sentencing exposure is substantial.
Class C Felonies in New York
Class C felonies can carry a maximum sentence of up to 15 years in prison. Examples may include robbery in the second degree, burglary in the second degree, criminal possession of a weapon in the second degree, certain drug sale offenses, and other serious weapons, theft, or violence-related charges. Many significant Brooklyn felony arrests fall into the Class C felony range, particularly cases involving firearms, group robberies, or allegations of physical injury.
Class D Felonies in New York
Class D felonies can carry a maximum sentence of up to 7 years in prison. Examples may include robbery in the third degree, grand larceny in the third degree, assault in the second degree, criminal possession of a forged instrument in the second degree, some burglary-related offenses, and certain drug or fraud charges. These cases are less severe than Class B or Class C felonies, but they are still felony prosecutions with serious consequences for employment, immigration status, professional licensing, housing, and background checks.
Class E Felonies in New York
Class E felonies are the lowest felony class in New York, but they are still criminal felony charges. A Class E felony can carry a maximum sentence of up to 4 years in prison. Examples may include grand larceny in the fourth degree, criminal possession of stolen property in the third degree, some lower-level drug possession offenses, certain identity theft or fraud charges, and many first-time felony matters. For first offenders, Class E felony cases may present opportunities for reduced charges, diversion, probation, conditional discharge, or other non-incarceratory resolutions, depending on the facts and the person’s background.
Why Felony Classification Matters in a Brooklyn Criminal Case
The felony class is only the starting point. A New York felony defense strategy must also account for whether the charge is violent or non-violent, whether the prosecution is seeking indictment, whether mandatory minimums apply, whether there are immigration consequences, and whether the case can be resolved through reduction, dismissal, diversion, or a non-jail sentence.
For anyone facing felony charges in Brooklyn or New York City, the goal is not simply to understand the maximum sentence. The goal is to attack the allegations early, protect the record, and pursue the strongest available outcome.
What this actually costs you, beyond the sentence
Defense lawyers and prosecutors talk about cases in terms of charges and sentences. The clients I sit with care about something else. They want to know whether they can keep their job. Whether they can rent the next apartment. Whether their nursing license survives. Whether their kid’s custody situation changes. The honest answer to all of those questions depends on whether the case ends as a misdemeanor or a felony, and sometimes on whether it ends as a violation or a misdemeanor.
A misdemeanor conviction generally costs you these things, depending on the specific facts:
- A record that is visible on most background checks until or unless it is sealed.
- Potential immigration consequences if you are not a citizen, especially for offenses involving moral turpitude or drug or domestic violence elements.
- Licensing complications for nursing, teaching, real estate, financial services, and certain trades
- Issues with firearm ownership, including for certain Class A misdemeanors.
A felony conviction generally costs you these things, on top of the above:
- Loss of the right to vote while incarcerated, and to serve on a jury permanently.
- Loss of firearm rights, in most cases permanently.
- Much broader licensing disqualifications, including federal ones.
- Severe immigration consequences for non-citizens. Many felonies are aggravated felonies or crimes of moral turpitude under federal immigration law, which trigger mandatory deportation in some cases.
- Significant barriers in employment, housing, professional licensing, and federal benefits eligibility.
How Felonies Can Be Reduced to Misdemeanors
One of the most important parts of a criminal case is the back‑and‑forth between the defense and the prosecution about how the case will ultimately be classified. In many matters, the case begins with the most serious charge the police and arraignment ADA believe the facts will support. From there, the defense digs into the evidence and the law to identify issues that may affect what the prosecution can actually prove.
That work can expose problems with key pieces of proof: a break in the chain of custody on a weapon, a complaining witness whose accounts conflict on important points, body‑worn camera footage that undercuts the arrest narrative, or a constitutional issue with the stop, search, or seizure. When those issues are real and well‑developed, they can influence how the case is charged, how it is negotiated, and how a potential trial looks from the prosecution’s side.
In some cases, those pressures contribute to a reduction in the top count, for example, from a felony assault to a misdemeanor assault, or to a disposition below the original arrest level. Other outcomes can include treatment‑based resolutions or conditional dismissals in appropriate cases, such as adjournments in contemplation of dismissal under CPL 170.55, or entry into a judicial diversion program for eligible defendants under Criminal Procedure Law Article 216 in cases that qualify. Each step down in exposure, whether from felony to misdemeanor, or from misdemeanor to violation or dismissal, can have real collateral‑consequence benefits for a client’s future.
This is the day‑to‑day work of a Brooklyn criminal defense lawyer: reviewing discovery with care, spotting legal and factual weaknesses, filing motions when there is a genuine basis, and using that record to negotiate across multiple appearances. It is not dramatic, but it is often where the most meaningful outcomes are built.
Why the Kings County DA Treats These Levels Differently
The Kings County District Attorney’s Office organizes its work largely by case severity. Misdemeanors are handled onhigh‑volume calendars, where prosecutors manage many cases at a time. Felonies are typically assigned to bureaus that focus on more serious conduct, and a single prosecutor may carry a felony case from indictment through disposition.
Practically, that means a prosecutor on a misdemeanor matter may be seeing the file in detail for the first time at a court appearance, and there is often institutional pressure to move those cases efficiently. That can create room for a defense lawyer who is prepared, understands the file early, and can present a clear, reasonable proposal.
Felony cases tend to move on a different track. The assigned prosecutor may have more time with the discovery, the witnesses, and the investigative file. Persuasion in that setting usually comes less from quick negotiation and more from substantive litigation: motions to suppress, challenges to the evidence, and forcing clarity about the prosecution’s theory of the case. The pacing is slower, and the leverage points are different.
I previously served as a prosecutor in Kings County and Richmond County. That experience informs how to evaluate evidentiary weaknesses, and plea posture. It does not guarantee any result or special treatment, but it does help me focus on the arguments and issues that are more likely to matter to the ADA handling the case. I discuss this in more depth in a separate article on the former‑prosecutor perspective in criminal defense.
What to Do in the First Week, Regardless of the Charge Level
A few steps are critical whether you are facing a misdemeanor or a felony.
Stop talking about the case.
Do not discuss the facts on the phone, over text, on social media, or with friends, coworkers, or family. Conversations that feel private often are not, and statements can be obtained and used in a criminal case. Save the details for privileged conversations with your lawyer.
Keep and organize all paperwork.
Whatever you were given at the precinct or arraignment matters: the criminal court complaint, arraignment paperwork, property vouchers, appearance ticket or DAT, and any orders of protection. These documents help your attorney understand the charges, allegations, and next court dates quickly.
Retain counsel who regularly handles cases at this level.
Ask prospective attorneys what kinds of cases they handle most often and in which courts. The skills and resources needed for a low‑level misdemeanor are different from those involved in a serious violent felony, and you want someone whose day‑to‑day practice matches the exposure you are facing.
Understand that the initial charge level can change.
The charge at arraignment is a starting point, not a guarantee. Misdemeanors can sometimes be upgraded when additional information or evidence comes in. Felonies, in some cases, can be reduced through negotiation, motion practice, or evidentiary developments. Where a case ultimately lands depends on the facts, the law, the evidence, and the work done on the file in those early weeks.
If you are facing either kind of charge
Whether the charge is a misdemeanor or a felony, the early weeks are when the most can be done. Statements get made. Discovery gets exchanged. Plea offers happen. Whatever can be challenged usually has to be challenged before the case settles into a routine.
Spahija Law is at 147 Prince Street, Suite 238, Brooklyn, NY 11201. We handle misdemeanor and felony criminal matters in Kings County Criminal Court and Kings County Supreme Court, and all over New York CIty.
A free 30-minute consultation can be booked directly with me here: https://spahijalaw.cliogrow.com/book. Calls are answered 24/7 at 646-453-4001.
A Few Questions People Ask
Can a felony charge become a misdemeanor in Brooklyn?
Yes. In some cases, a felony charge can be reduced to a misdemeanor through negotiation, motion practice, or developments in discovery. That can happen when the evidence does not support the original charge, when there are proof problems, when legal issues affect admissibility, or when a negotiated disposition makes sense under the facts of the case. No reduction is automatic, but identifying those issues early is a major part of effective criminal defense.
Is a Class A misdemeanor almost a felony?
Not legally. A Class A misdemeanor is still a misdemeanor, but it is the most serious misdemeanor level in New York. It carries a maximum jail sentence of 364 days, which places it just below the felony threshold. That one-day difference can matter, especially in immigration analysis, but it does not eliminate immigration risk. A Class A misdemeanor conviction can still carry serious consequences for employment, licensing, housing, firearm rights, and immigration status.
Will a misdemeanor show up on background checks forever?
Not necessarily. A misdemeanor conviction may appear on background checks unless it is sealed, expunged, or otherwise restricted from disclosure. New York has sealing procedures for certain convictions, including CPL 160.59, which may allow eligible misdemeanor convictions to be sealed after a waiting period. Some marijuana-related convictions may also be sealed automatically under New York law. Eligibility depends on the offense, the disposition, the person’s overall record, and the time that has passed.
How long does a Brooklyn misdemeanor case usually last?
It varies. Some misdemeanor cases resolve in a few court appearances over several months. Others take longer because of discovery issues, motion practice, witness problems, treatment requirements, hearings, or trial posture. Felony cases often take longer than misdemeanors because they may involve grand jury proceedings, indictment, more extensive discovery, motion practice, and more serious plea negotiations.
If I get a felony reduced, does the felony arrest still show?
An arrest record and a conviction record are not the same thing. If a felony charge is reduced and the case ends in a misdemeanor conviction, the conviction should reflect the misdemeanor disposition. The original felony arrest may still appear in some records or background checks depending on the agency, database, and type of search. In some situations, New York sealing statutes may restrict access to arrest or court records, including CPL 160.50, CPL 160.55, and CPL 160.59, depending on how the case ends.
| Firm | Spahija Law |
|---|---|
| Address | 147 Prince Street, Suite 238, Brooklyn, NY 11201 |
| Phone | 646-453-4001 |
| Practice Area | Criminal Defense – Brooklyn & NYC |
| Consultation | Free 24/7 consultation available |
