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The Difference Between Misdemeanor and Felony Crimes
Misdemeanor and Felony crimes are defined differently. Felony Crimes are crimes which are punishable by a year or more in prison. Violations are technically not crimes and tend to involve fines and no more then 15 days in jail. While misdemeanor crimes are punishable by at most one year. The location and particular circumstances of incarceration are handled by the department of corrections or on the federal level the bureau of prisons.
The felony classifications in NY are as follows:
Each of the above classifications of misdemeanor and felony crimes carry with it sentencing guidelines which may limit a Judge’s discretion during sentencing. One significant aspect of misdemeanor and felony crimes is that the Supreme Court has stated that any crime for which a jail term of one year or can be sentenced will be deemed a “serious crime” and will trigger a defendants right to a jury trial. In New York this means that a class A misdemeanor will mean that a defendant has a right to a jury trial. Many times felony convictions will mean certain rights such as the right hold public office, serve on a jury, vote, own firearms, the right to hold professional licenses such as in the areas of law or medicine and even the right to certain public housing will be terminated. These rights may or may not be terminated with the conviction of a misdemeanor. During the plea bargaining process prosecutors will sometimes be willing to drop charges from felonies to misdemeanors but this is often more difficult then negotiating a plea agreement to the initial charge.
Criminal Defense Attorney
Retaining an attorney that understands the potential consequences of a misdemeanor and felony conviction can make a huge difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.
According to New York Domestic Relations Law, there are certain Automatic Orders, which shall remain in effect while the divorce is pending in Supreme Court. One of these Automatic Orders addressed in this statute prevents any spouse from selling, transferring, encumbering, assigning, or removing any property without the consent of the other spouse. This preserves the ability of the court to make a proper ruling on any and all property that they have jurisdiction over at the time the action is brought. This section of the DRL also covers such topics as 401k retirement plans, health insurance for spouse and children, running up marital debts, and more.
If you or your spouse have filed for divorce or are planning on filing for divorce and you are not sure if this situation is one you will have to encounter, call The Long Island Family Law Firm of Vaughn & Weber, PLLC, at (516) 858-2620 to speak with a family law attorney!
Modification of a Child Support Order or Agreement
Modification of a child support order or agreement.
There are an increasing number of modification questions coming into our firm. Modification of a child support order is slightly different than modification of a child support agreement. It is more rare that a court will order a modification of a child support agreement because it interferes with parties right to contract. Child support agreements are however incorporated into judgments of divorce and are enforced the same as a child support order. It is just a more difficult burden to meet in order to have the court modify the agreement.
If you have a child support agreement or child support order and are having problems making payments or having problems collecting monies owed to you, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC, at (516) 858-2620 to speak with a family law attorney!