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In ny state if someone is charged with a misdemeanor, and

they plead not guilt. are...
in ny state if someone is charged with a misdemeanor, and they plead not guilt. are they entitled to a trial by jury?
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6/13/2017
RobertJDFL
RobertJDFL, Lawyer
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Good evening,

A defendant who is charged with a misdemeanor crime is, generally speaking, entitled to a jury trial, yes. This right has one variant -- with a class B misdemeanor. With this offense level, whether the trial right exists depends on whether or not the case is pending in New York City. If there, the class B misdemeanor is a bench trial.

This is set forth in the Criminal Procedure Law. Section 340.40(2) states: “In any local criminal court a defendant who has entered a plea of not guilty to an information which charges a misdemeanor must be accorded a jury trial, . . . except that in the New York city criminal court the trial of an information which charges a misdemeanor for which the authorized term of imprisonment is not more than six months must be a single judge trial.”

The maximum punishment on a class B misdemeanor is a 90 days, thus in New York City Criminal Court, the trial is nonjury.

But, elsewhere in the state on a class B a misdemeanor, the defendant is entitled to a jury trial of six persons.

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Customer reply replied 5 months ago
in this situation we are talking orangeburg ny. it's about my son. he won't tell me much about the case. in 2009 he was charged with domestic violence. he was found guilty. he was sentenced to 24 months probation, and an order of protection was put in place. He was charged with violating the order of protection in 2011 when he returned to the old neighborhood on the forth of july to hang out with his friends. they were walking around and found themselves on the corner of the cul de sac where the girl lived. he didn't go to the house and the girl was not even home. evidently the mother found it necessary to call the police. when he was getting back in his car, which was parked several blocks away, the police arrested him for violating the order of protection, which as you know is a violation of probation. he was sent to county jail for six months. now he is being charged for harassing a girl who was leaving a greek festival. based on the aforegoing what level misdemeanor do you think he will be charged with

Is he actually charged with harassment?

In New York, a defendant is guilty of harassment in the first degree when they intentionally and repeatedly harass another person. This includes following that person in, or around, public places or by course of conduct or repeatedly committing acts which places the victim in reasonable fear of physical injury. That's a Class B misdemeanor (so would be a jury trial unless waived, because it's outside of NYC, if it went to trial).

In New York, a defendant is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person in or about public places; they engage in conduct or repeatedly commit acts which alarm or seriously annoy the victim and serve no legitimate purpose. Second degree harassment is a violation.

Penalties can be enhanced if a person has a prior conviction for harassment --for example, a prior conviction for first degree harassment makes a new charge of first degree harassment instead "aggravated harassment" which is a Class A misdemeanor.

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Customer reply replied 5 months ago
actually he won't let me help him. I believe he has already pleaded guilty when he was "supposedly arraigned " Saturday evening.. When I asked the detective, "if the court is not in session how could he have been arraigned and bail set as high as $2000 due to his priors" (which I have mentioned above). The detective replied, "we had the judge come in to arraign your son". What judge is going to do that on a sunny saturday in june.?
Hmmm...I can't speak for NY, but Florida courts will have a duty judge working even on weekends to handle arraignments. You could always call the Clerk of Court office in the county where he was charged and ask the status if you're curious, as cases are public record. Hopefully he didn't just plead guilty without talking to a lawyer - there's usually very little benefit to ever doing so, especially when the state has the burden of proof.
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