punsinhment for a class b Misdemenor

what is the type of punishment for a class b misdemenor 245.00 of the penal code of new york

Asked on June 29, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under New York State Law, A B Misdemeanor is punishable by up to 90 days in jail or a year probation. Normally if you have no criminal record, the District Attorney would offer you what is known as ACOD which is an Adjournment in Contemplation of Dismissal and means if you stay out of trouble for a period of six months and the case is dismissed and the record sealed. However, due to the nature of the offense, the DA may not be so amenable to this. You may have to undergo a psychological evaluation and possible therapy in order to get the ACOD if it is even offered. Even if they do not offer you a ACOD you probably still be offered a reduced charge to a violation, which is not a crime and requires a fine be paid.  

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of New York, my research suggests that Sec. 245.00 of the New York Penal Code provides that:

"§ 245.00 Public lewdness:  A person is guilty of public lewdness when he intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed."

Sec. 245.00 is a class b misdemeanor, which, once again, according to my research and pursuant to New York Penal Code Sec. 70.15 shall be given a definite sentence, and "when such a sentence is imposed the term shall be fixed by the court, and shall not exceed three months"

 

Nevertheless, if your are currently charged with any crime I suggest that you consult with and/or retain a criminal defense attorney licensed to practice law in the State of New York in the interest of obtaining the most favorable resolution of the matter as possible.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.