In New York, misdemeanors are divided into three main categories: Class A, Class B, and unclassified misdemeanors. Class A misdemeanors are the most serious, while Class B misdemeanors are less severe, and unclassified misdemeanors often involve specific statutes such as traffic or local ordinances.
Although misdemeanors are less severe than felony offenses, they can still carry significant penalties, including jail time, fines, and a lasting criminal record. At the Law Office of Michael D. Litman, PLLC, we understand that being charged with a misdemeanor in Westchester County, New York, can feel overwhelming.
We approach every criminal defense case — even for minor charges — with the same level of care and commitment. Our goal in every criminal defense case is to protect our clients’ rights, challenge the prosecution’s evidence, and pursue the best possible outcome. Whether you’re facing charges for assault, petit larceny, DWI, or disorderly conduct, it’s critical to understand the potential defenses available under New York law.
By examining how law enforcement handled your arrest, how evidence was gathered, and whether your constitutional rights were respected, we can often uncover weaknesses in the state’s case and employ a defense that can lead to a reduction or dismissal of charges.
The foundation of any strong criminal defense begins with protecting your constitutional rights. In every case, law enforcement officers and prosecutors must follow strict legal procedures. If they violate your rights during an arrest or investigation, the evidence they gather may be inadmissible in court.
For example, under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. If police conduct a search without a valid warrant or probable cause, we can move to suppress any evidence obtained.
Similarly, under the Fifth Amendment, you have the right against self-incrimination. If you were interrogated without being properly advised of your Miranda rights, any statements you made might be excluded from evidence.
These constitutional safeguards are essential tools in criminal defense. By holding the state accountable for procedural errors, you and your attorney can potentially weaken the prosecution's case and protect your freedom.
The type of defense used depends on the specific facts of your case. However, every defense is grounded in legal principles that allow you to challenge the state’s evidence or the intent behind the alleged offense. Some of the most common defenses our firm uses in misdemeanor criminal cases include the following.
Lack of intent: Many misdemeanor offenses require proof that the defendant acted intentionally. If the prosecution cannot prove intent beyond a reasonable doubt, the case may fall apart.
Mistaken identity: Misidentification is a common problem in misdemeanor arrests, especially when cases rely on eyewitness testimony.
Self-defense or defense of others: In assault or harassment cases, showing that the defendant acted to protect themselves or another person can be a strong defense.
Unlawful search and seizure: Evidence obtained through an illegal search can be suppressed, often leading to dismissal of the charges.
Entrapment: If law enforcement persuaded or pressured you into committing a crime they would not have otherwise committed, entrapment may apply.
Insufficient evidence: If the prosecution cannot produce enough credible evidence to prove every element of the crime, the charges should not stand.
Duress or coercion: When someone commits an act only because they were threatened with harm, they may not be legally responsible.
Alibi: Demonstrating that you were somewhere else when the alleged offense occurred can be one of the most effective criminal defense strategies.
Each of these defenses requires careful analysis of the evidence and a detailed understanding of how New York’s criminal defense laws apply to the case.
In misdemeanor cases, the prosecution often relies on police reports, witness statements, and limited physical evidence. As part of our criminal defense strategy, we scrutinize this evidence to identify weaknesses. For instance, if a police officer’s report contains inconsistencies or bodycam footage contradicts their account of events, that can cast doubt on the credibility of the evidence presented.
A small procedural mistake can lead to unreliable results. Similarly, in theft or drug possession cases, if the chain of custody for evidence isn’t properly documented, the evidence might not be admissible in court.
Challenging the state’s evidence is at the heart of strong criminal defense representation. The burden of proof lies entirely on the prosecution, and any doubt about the accuracy or legality of their evidence can significantly impact the case outcome.
Under New York Penal Law §35.15, an individual may use reasonable force to protect themselves or others from unlawful physical force. This is one of the most powerful defenses in assault and harassment cases. However, the force used must be proportionate to the threat.
As a criminal defense firm, we often rely on justification when the evidence shows our client was not the aggressor. For example, if someone was attacked first or genuinely feared for their safety, their actions may be legally justified.
Presenting this type of defense effectively requires careful preparation, including reviewing witness statements, surveillance footage, and any physical evidence supporting the client’s version of events.
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. Under New York law, the key factor in proving entrapment is showing that the intent originated with the government, not the defendant.
This defense is particularly relevant in criminal defense cases involving undercover operations, such as drug sales or prostitution stings. By demonstrating that officers used coercive or manipulative tactics, you can argue that your conduct was the result of government overreach rather than criminal intent.
Eyewitness testimony is often a critical part of misdemeanor prosecutions, but it’s also notoriously unreliable. Stress, lighting conditions, and brief encounters can all lead to mistaken identifications. New York courts have increasingly recognized the fallibility of eyewitness evidence, making it a primary challenge in criminal defense cases.
At the Law Office of Michael D. Litman, PLLC, we work to expose inconsistencies in witness accounts and highlight flaws in police identification procedures, such as suggestive photo arrays or improper lineups. If an identification is shown to be unreliable, the court may exclude it from evidence.
Intent plays a key role in many misdemeanor cases. Crimes such as petty larceny, criminal mischief, or harassment require proof that the defendant intended to commit the act. If the act was accidental or the defendant lacked the necessary intent, there typically cannot be any conviction.
At the Law Office of Michael D. Litman, PLLC, we often develop criminal defense strategies that demonstrate the absence of intent. This might involve showing that our client had no motive, acted under a misunderstanding, or lacked awareness that their conduct was unlawful. By focusing on intent, we can shift the burden back to the prosecution.
New York law recognizes that not all criminal acts are committed voluntarily. When a person is forced to commit an offense under threat or coercion, they may not be legally responsible. This is known as duress. For example, if someone commits theft because they were threatened with harm, that coercion can serve as a valid defense.
In criminal defense practice, we analyze all surrounding circumstances, such as text messages, witness statements, and communications, to demonstrate whether you acted under pressure rather than by free will. Duress is a defense that reflects the human realities behind some criminal allegations and can be highly persuasive to a jury.
If you have been charged with a misdemeanor, the sooner you contact a criminal defense attorney, the stronger your case will be. Early representation allows you to preserve evidence, interview witnesses, and challenge unlawful police conduct before it becomes part of the prosecution’s narrative.
At the Law Office of Michael D. Litman, PLLC, we emphasize proactive defense. We don’t wait for the case to reach trial; we intervene early to identify procedural violations and negotiate favorable resolutions when possible. Every detail matters in a criminal defense case, especially when freedom and reputation are on the line.
Misdemeanor charges may not carry the same weight as felonies, but their impact can still be life-altering. A conviction can result in loss of employment opportunities, financial hardship, and damage to one’s personal record. That’s why a well-prepared criminal defense is essential.
At the Law Office of Michael D. Litman, PLLC, we treat every misdemeanor case with the seriousness it deserves. Whether we’re arguing mistaken identity, lack of intent, self-defense, or unlawful search and seizure, our mission is to uncover the truth and challenge every weakness in the prosecution’s case.
Every person accused of a crime deserves a fair chance to defend themselves. With the right criminal defense strategy, it’s possible to protect your rights, your record, and your future. Located in White Plains, New York, we serve clients in Westchester County, New York, and the surrounding areas of Harrison and Yonkers. Contact us today.
In New York, misdemeanors are divided into three main categories: Class A, Class B, and unclassified misdemeanors. Class A misdemeanors are the most serious, while Class B misdemeanors are less severe, and unclassified misdemeanors often involve specific statutes such as traffic or local ordinances. Although misdemeanors are less severe than felony offenses, they can still carry significant penalties, including jail time, fines, and a lasting criminal record.
Many people believe they can only be charged with a DWI if they’re actively driving a vehicle. However, New York law takes a broader approach to impaired driving. You can face charges even if you weren’t moving, provided you were in physical control of the vehicle.
