Legal Question in Criminal Law in New York
left scene motercycle accident.
riding bike hit pedestrian fell of bike was injured
returned to scene,arrested.served six months & one year probation. Was this a felony? if so what class?
2 Answers from Attorneys
Re: left scene motercycle accident.
Just as a general rule:
(IN NYS)
A Misdemeanor is defined as any crime for which one CAN be sentenced for UP TO one year - no more.
A Felony is any crime for which one CAN be sentenced to a year or MORE in prison.
The fact that someone CAN do something of course does not mean that he MUST or WILL do that thing. So one can be convicted of a misdemeanor and serve 6 months, a year, a week, or no time at all. In NY, the length of probation for a misdemeanor is generally a year. A sentence of 6 months jail and 6 months probation is very common with misdemeanor pleas.
When a felony is on the table, the term of probation tends to be 5 years. But this can depend upon the level, or seriousness, of the felony.
These are only guidelines. The bottom line is the same - check with the atty who represented you on the case.
If you can't reach him, you can go to the clerk of the court where you were convicted and ask for a certificate of conviction. This will once and for all provide you with a document suitable for framing that will always serve to remind you of the details of your entanglement with the law.
Good Luck.
Re: left scene motercycle accident.
The answer to your question depends on what crime you were convicted of.
You cannot determine the level of offense based on
the time served. Ask your attorney who repped you
what you were convicted of and he should be able to
tell you the answer to your question.
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