<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jessi:
In New York state what does a class A misdemenor mean and what are the implications for someone who is charged with this type of misdemenor?<HR></BLOCKQUOTE>
Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of
guilty entered in satisfaction of an indictment or any count thereof
charging the defendant with the class D violent felony offense of
criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02, except that the court may impose any
other sentence authorized by law upon a person who has not been
previously convicted in the five years immediately preceding the
commission of the offense for a felony or a class A misdemeanor defined
in this chapter, if the court having regard to the nature and
circumstances of the crime and to the history and character of the
defendant, finds on the record that such sentence would be unduly harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime.
[This message has been edited by LegalBeagle (edited September 06, 2000).]
