A crime conviction can have a serious impact on your life, especially when considering the distinctions between being charged vs. convicted. It may impact your ability to work, find housing, get a professional license, or keep your job. It can also lead to serious penalties, including prison time and fines. Understanding the process of criminal justice is essential to help you avoid convictions and minimize any consequences.
The first time a person goes to court after being charged is called an Arraignment. During this hearing, the judge reads all of the charges against the individual. At that point, the individual will enter a plea of guilty or not guilty. Usually, the individual will enter a plea of not guilty to try to open negotiations between their attorney and the Prosecutor. Understanding the difference between being charged vs. convicted at this stage can greatly influence the defense strategy.
A conviction is a finding by the jury or a judge that you have committed a particular crime. A conviction will remain on your record until the courts expunge it. There are many different types of crimes that could result in a conviction. Some are criminal offenses and others are civil violations or traffic infractions. Understanding the charged vs. convicted status is crucial since convictions will affect your record, but some can have collateral consequences such as affecting your immigration status or delaying the processing of your asylum application.
In New York, you are considered to be charged with a crime when the District Attorney’s office files charges against you. The DA’s office will present the evidence against you in Criminal Court or Supreme Court. You have the right to hire your own attorney or if you cannot afford an attorney, the court will provide one for you. At this point, the distinction between being charged vs. convicted is critical because being charged does not automatically mean you will be convicted.
Misdemeanors and felonies are two categories of crimes in New York that carry different penalties and consequences. Felonies are the more serious of the two and carry harsher penalties. Felonies are often punishable by over a year in jail. The DA’s office will only charge you with a felony if there is probable cause to believe that you committed the crime and that there is enough evidence to arrest you. DA’s offices must present their case to a Grand Jury before they can go forward with a felony prosecution unless the accused waives this right. This stage further emphasizes the importance of understanding the implications of being charged vs. convicted.
Felonies are generally categorized as Class A, Class B, Class C, or Class D. Each carries its own maximum penalty. A felony conviction will have a significant impact on your future and can include a lengthy prison sentence, probation, and fines. Knowing the differences between being charged and convicted can help in preparing an effective defense to minimize or avoid these penalties.
If you are charged with a crime in New York, understanding the difference between being charged vs. convicted is extremely important. Contacting a felony lawyer immediately is crucial as felonies are serious offenses that can lead to years in prison. They are broken down into different categories depending on the severity of the offense. Misdemeanors are less severe and can result in up to a year in jail, fines, or community service. In addition to these penalties, a conviction will be on your criminal record forever. This can be difficult or even impossible to remove from your record later on in life.
A felony conviction can be devastating to a person’s life, but many people don’t realize the long list of collateral consequences that can follow an individual for far longer than a jail sentence or probation period. These can include losing your job, having to report your conviction on employment applications, being denied access to professional licensing boards, and much more. A skilled criminal defense lawyer can help you mitigate these issues and keep a felony conviction off your record if you are able to avoid a prison sentence or any type of jail time at all.
Many people who have been arrested for a crime are worried about the possibility of jail time or a significant fine if convicted. In reality, the amount of time that you will be required to serve if convicted depends on several different factors. For example, if you are charged with a class A felony, this is the most serious category that will carry the highest possible penalty of life in prison. Understanding the legal nuances of being charged vs. convicted is vital as it impacts the potential consequences.
Unlike other states, all felony cases in New York are brought to a grand jury for review before the prosecutor can file the charge. Once the grand jury votes that there is sufficient evidence to begin the prosecution process, a statement of charges called an indictment will be written out and filed. During this stage, the defense and prosecution will both present their case to the grand jury, marking a critical phase where understanding charged vs. convicted becomes essential.
In the event that you are able to avoid jail time and other forms of punishment, you will still be forced to live with a criminal record for the rest of your life. This can be difficult to deal with, but a qualified criminal defense attorney can fight to have your record sealed and even your conviction erased after a certain period of time, emphasizing the importance of the distinction between charged vs. convicted in protecting your future.
Indictment is an extremely stressful experience, but it does not mean that you are guilty of the crime. Legal representation is key in navigating the complexities of charged vs. convicted statuses. A firm specializing in criminal defense can provide exceptional legal representation to clients in need of an aggressive criminal defense, ensuring that your rights are protected throughout the process.
A conviction for any crime can have lasting impacts on a person’s life, including the vital difference between being charged vs. convicted. But the scope of those impacts is often hidden from public view. For example, an individual who has been charged with a misdemeanor will likely receive a fine, community service hours, and perhaps a brief jail term, while someone who has committed a felony may face a much longer prison sentence and significant fines. But beyond these explicitly stated consequences, the criminal justice system imposes a host of additional, invisible charges and penalties that have far-reaching economic impacts on individuals, families, and communities across New York. These hidden costs sap wealth and opportunity from already vulnerable neighborhoods and communities, disproportionately impacting people of color and low-income individuals.
A New York State conviction can have far-reaching, often unexpected consequences, including the loss of many civil rights. For instance, a criminal record can impact family dynamics and custody arrangements in child-related cases, and can be used to deny employment applicants the right to have their records expunged or sealed. This highlights the significance of understanding the charged vs. convicted statuses, as each carries different legal weights and social stigmas.
Getting arrested or being convicted of a crime can also impact your professional license, causing it to be suspended or revoked, which can have devastating implications. This is particularly true in professions like law, medicine, accounting, and security, where a conviction can prevent you from working, or can even put your career at risk. It's essential to distinguish between being charged vs. convicted since charges alone might not necessarily lead to these professional consequences.
In addition, a conviction can have profound effects on an individual’s personal relationships and well-being. For people who have been convicted of assault, for example, it can impact their ability to maintain custody and visitation arrangements with their children, and can make it more difficult to establish or maintain a relationship with them. Convictions can have a wide-ranging, far-reaching impact on immigrant communities as well, with prosecutors and courts using them to deny visa applications or even deport foreign nationals based on a single conviction. Again, the difference between being charged vs. convicted becomes critically important in these circumstances.
The disproportionate impact of these costs on low-income and communities of color can be traced back to the nature of the criminal justice system itself. As a general rule, most people who are indicted are unable to afford a lawyer because they are deemed indigent by the court. This makes them more likely to plead guilty and imposes higher costs than those who can afford a lawyer, underscoring the importance of differentiating between charged vs. convicted, as the latter often results in harsher penalties and lasting repercussions.
And while New York State does allow some people to have their records expunged or stricken, this is a lengthy and confusing process that requires an individual to petition the courts for their removal. Efforts such as the Clean Slate Act, currently in the legislature, would simplify the process and make it more accessible to a greater number of individuals.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060