The New York Penal Law defines an A misdemeanor as an offense which is punishable by up to one year in the local jail and a B misdemeanor as an offense punishable by up to ninety days in jail.
For a person who has no prior criminal history, jail time is typically not sought by the prosecutor. However, this depends on the nature of the crime.
While there is some predictability in the prosecution of most cases, the facts of a particular case might cause a prosecutor to seek jail time. That is why it is always wise to consult with and hire a criminal defense attorney immediately to be confident that you are properly represented and your case concludes favorably.
You should never assume that your case is no big deal because the prosecutor will not want jail. There are other things to be concerned about in addition to jail like what effect a criminal conviction might have on your future? In any case, a good legal defense should be sought.
To contact the Suffolk County criminal defense lawyers at Naiburg Obedin and Weissman please call (631) 979-777.