A Class B misdemeanor in New York is the less serious of the state’s two main misdemeanor classes, punishable by up to 90 days in jail and a fine of up to $500. It sits above a non-criminal violation but below both a Class A misdemeanor and any felony. A conviction still creates a criminal record, and the formal sentence is often only part of the cost.
What You Can Be Sentenced To
Jail
The ceiling is three months in a local or county jail. The sentence must be a definite one, meaning the judge sets a fixed number of days rather than a range.1New York State Senate. New York Penal Law Article 70 – 70.15 Sentences of Imprisonment for Misdemeanors and Violation In practice, many Class B convictions result in no jail at all. Judges frequently reach for probation, community service, or a conditional discharge instead, especially where the defendant has no prior record.
Fine
The court can impose a fine of up to $500.2New York State Senate. New York Penal Law 80.05 – Fines for Misdemeanors The judge chooses the amount, and a fine can stand alone or sit alongside jail or probation.
Mandatory Surcharges
Every misdemeanor conviction carries surcharges the judge cannot waive: a $175 mandatory surcharge and a $25 crime victim assistance fee.3New York State Senate. New York Penal Law 60.35 – Mandatory Surcharge, Sex Offender Registration Fee, DNA Databank Fee, Supplemental Sex Offender Victim Fee and Crime Victim Assistance Fee Certain designated offenses add a $50 DNA databank fee. These apply even when the judge imposes no fine, so the minimum financial hit after any conviction is at least $200. If paying would cause genuine financial hardship, you can ask the court to defer payment, but the obligation does not disappear.4New York State Senate. New York Criminal Procedure Law 420.40 – Deferral of a Mandatory Surcharge; Financial Hardship Hearings
Probation or Conditional Discharge
A judge may impose probation, which runs one year for most Class B misdemeanors. A conviction for public lewdness is the exception, carrying a probation period of one to three years.5New York Laws. Penal Law Article 65 – Sentences of Probation, Conditional Discharge and Unconditional Discharge Probation means reporting to an officer and following conditions the court sets, which can include counseling, drug testing, community service, or restitution.
A conditional discharge is lighter. There’s no probation officer, but you still have to comply with conditions the court attaches, such as completing a treatment program, staying away from a particular person, or paying restitution. The period lasts one year for a misdemeanor.6New York State Senate. New York Penal Law 65.05 – Sentence of Conditional Discharge Violating a condition sends you back before the judge for resentencing.
Which Offenses Are Class B Misdemeanors
The list is broader than most people guess. Common Class B charges include:
- Harassment in the first degree, a course of conduct causing someone to fear physical injury or property damage.
- Stalking in the fourth degree.
- Criminal trespass in the third degree, which covers knowingly entering or remaining in a building or fenced area without permission.
- Prostitution, defined as engaging or agreeing to engage in sexual conduct for a fee.7New York State Senate. New York Penal Law 230.00 – Prostitution
- Issuing a bad check.
- Fortune telling for compensation.
- Unlawful assembly.
- Reckless endangerment of property.
- Possession of graffiti instruments.
How the Case Moves Through Court
Appearance Ticket Instead of Arrest
For a Class B misdemeanor, a police officer often has the option of issuing an appearance ticket rather than taking you into custody. The ticket directs you to show up in court on a set date. Officers aren’t required to issue one, and a custodial arrest is still possible, but many people charged with a Class B offense never spend a night in jail before their case is resolved.
The 60-Day Speedy Trial Clock
Because the maximum sentence is three months or less, the prosecution has only 60 days from the start of the case to declare readiness for trial.8New York State Senate. New York Criminal Procedure Law 30.30 – Speedy Trial; Time Limitations That’s shorter than the 90 days allowed for Class A misdemeanors. Certain delays, like adjournments the defense requests, are excluded from the count. If the prosecution misses the deadline after that math is done, your attorney can move to dismiss.
Jury Trial Available
You have a right to a jury trial even on a Class B misdemeanor. Under Criminal Procedure Law section 340.40, any defendant who pleads not guilty to a misdemeanor information in a local criminal court must be offered one. You can waive the jury and choose a bench trial before a single judge, but the choice is yours.
Adjournment in Contemplation of Dismissal
An ACD is one of the best outcomes short of outright dismissal. If the court and the prosecutor agree, the case is adjourned for six months. Stay out of trouble and meet any conditions during that time, and the case is dismissed and sealed automatically. An ACD is not a conviction. The outcome is especially common for first-time Class B charges where the underlying facts aren’t severe.
How Long the Prosecution Has to Charge You
Charges for a Class B misdemeanor must be filed within two years of the offense.9New York State Senate. New York Criminal Procedure Law 30.10 – Timeliness of Prosecutions; Periods of Limitation Narrow exceptions exist. Tax-related misdemeanors, for example, carry a three-year window. Past the two-year general deadline, the case can’t be brought.
What a Conviction Costs Beyond Sentencing
The formal penalty is often the smaller problem. A Class B misdemeanor creates a criminal record, and that record follows you.
Immigration
For non-citizens, even a seemingly minor misdemeanor can be serious. A conviction, including for offenses like shoplifting or low-level drug possession, can block lawful status, derail a green card renewal, interfere with a citizenship application, or trigger deportation.10Unified Court System. Immigration Consequences | NY CourtHelp An arrest alone, with no conviction, can complicate reentry after travel. If you aren’t a U.S. citizen and you’re facing any criminal charge, talk to an immigration attorney before accepting a plea.
Employment and Housing
A conviction shows up on background checks. New York law limits how employers can weigh criminal history in hiring, but a Class B conviction can still cost you jobs, professional licenses, or housing. How much depends on the specific offense, who’s reviewing it, and how old it is.
Firearms
Certain misdemeanor convictions disqualify you from a New York pistol permit. Under Penal Law section 400.00, convictions for offenses like third-degree assault, misdemeanor DWI, or third-degree menacing within the preceding five years are disqualifying. Under federal law, any misdemeanor crime of domestic violence permanently bars you from possessing firearms anywhere in the United States.
Getting the Record Sealed
Several paths exist, and which one applies depends on how the case ended.
If the Case Was Dismissed or You Were Acquitted
Records of a dismissal (including after an ACD) or an acquittal are sealed automatically under Criminal Procedure Law section 160.50. You don’t have to file anything. The records are suppressed from public view, and fingerprints, photographs, and other identifying materials are destroyed. The file still exists, but it won’t appear on standard background checks.
Petition After Conviction
If you were convicted, you can petition the court to seal the record under CPL section 160.59 once at least ten years have passed since conviction or release from incarceration, whichever is later. You need no more than two total convictions (only one a felony), no pending cases, and no new convictions during the waiting period.11NY CourtHelp. Sealed Records: After 10 Years (CPL 160.59) Sex offenses and violent felonies are excluded. Even if you meet every requirement, the judge still has discretion to deny the petition.
Clean Slate Act Automatic Sealing
New York’s Clean Slate Act creates automatic sealing without any petition. Misdemeanor convictions become eligible three years after sentencing or three years after release from incarceration, whichever is later. A new misdemeanor or felony conviction during that waiting period resets the clock.12New York State Unified Court System. New York State’s Clean Slate Act The court system has until November 16, 2027, to build out the sealing infrastructure, so eligible records won’t start getting sealed under this law until then.
If You Can’t Afford a Lawyer
Because jail is on the table, you have a constitutional right to counsel on any Class B misdemeanor. If you can’t afford to hire an attorney, the court will appoint a public defender or assigned counsel. Eligibility turns on whether you are financially unable to afford counsel, taking into account income, debts, assets, and the complexity of the case. New York’s guidelines presume eligibility for anyone with a household income at or below 250% of the federal poverty guidelines. Income above that line doesn’t automatically disqualify you; the court looks at the full picture.