Most Frequent Charges

Most Frequent Felony Charges

PL 120.05 Assault 2

A person is guilty of Assault in the 2nd Degree when (i) with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (ii) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or (iii) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument.

PL 145.05 Criminal Mischief 3

A person is guilty of Criminal Mischief in the 3rd Degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he (i) damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the 4th degree, criminal mischief in the 3rd degree, criminal mischief in the 2nd degree, or criminal mischief in the 1st degree; or (ii) damages property of another person in an amount exceeding two hundred fifty dollars.

PL 155.30 Grand Larceny 4

A person is guilty of Grand Larceny in the 4th Degree when he steal property and when (i) the value of the property exceeds one thousand dollars; or (ii) the property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or (iii) the property consists of secret scientific material; or (iv) the property consists of a credit card or debit card; or (v) the property, regardless of its nature and value, is taken from the person of another; or (vi) the property, regardless of its nature and value, is obtained by extortion.

PL 160.10 Robbery 2

A person is guilty of Robbery in the 2nd Degree when he forcibly steals property and when (i) he is aided by another person actually present; or (ii) in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime causes physical injury to any person who is not a participant in the crime or displays what appears to be a firearm; or (iii) the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

PL 170.25 Criminal Possession of a Forged Instrument 2

A person is guilty of Criminal Possession of a Forged Instrument in the 2nd Degree (class D felony) when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10.

PL 220.06 Criminal Possession of a Controlled Substance 5

A person is guilty of Criminal Possession of a Controlled Substance in the 5th Degree when he knowingly and unlawfully possesses (i) a controlled substance with intent to sell it; or (ii) one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or (iii) phencyclidine that weighs fifty milligrams or more; or (iv) one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more; or (v) cocaine that weighs five hundred milligrams or more; or (vi) ketamine that weighs more than one thousand milligrams; or (vii) ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount.

PL 220.16 Criminal Possession of a Controlled Substance 3

A person is guilty of Criminal Possession of a Controlled Substance in the 5th Degree when he knowingly and unlawfully possesses (i) a controlled substance with intent to sell it; or (ii) one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or (iii) phencyclidine that weighs fifty milligrams or more; or (iv) one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more; or (v) cocaine that weighs five hundred milligrams or more; or (vi) ketamine that weighs more than one thousand milligrams; or (vii) ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount.

PL 220.39 Criminal Sale of a Controlled Substance 3

A person is guilty of Criminal Sale of a Controlled Substance in the 3rd Degree when he knowingly and unlawfully sells (i) a narcotic drug; or (ii) a stimulant, hallucinogen, or lysergic acid diethylamide and has previously been convicted of an offense defined in N.Y.P.L. §220 or the attempt or conspiracy to commit any such offense; or (iii) a stimulant that weighs one gram or more; or (iv) lysergic acid diethylamide that weighs one milligram or more; or (v) a hallucinogen that weighs twenty-five milligrams or more; or (vi) a hallucinogenic substance that weighs one gram or more; or (vii) one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or (viii) phencyclidine that weighs two hundred fifty milligrams or more; or (ix) a narcotic preparation to a person less than twenty-one years old.

PL 265.02 Criminal Possession of a Weapon 3

A person is guilty of Criminal Possession of a Weapon in the 3rd Degree when (i) he commits the crime of criminal possession of a weapon in the fourth degree as defined in Penal Law § 265.01 and has been previously convicted of any crime; or (ii) he possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (iii) he knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (iv) he possesses three or more firearms, or possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or (vi) he knowingly possesses any disguised gun; or (vii) he possesses an assault weapon; or (viii) he possesses a large capacity ammunition feeding device.

PL 265.03 Criminal Possession of a Weapon 2

A person is guilty of Criminal Possession of a Weapon in the 2nd Degree when (i) with intent to use the same unlawfully against another person, he possesses a machine-gun, loaded firearm, or disguised gun; or (ii) he possesses five or more firearms; or (iii) he possesses any loaded firearm, although such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.

Most Frequent Misdemeanor Charges

PL 120.00 Assault 3

A person is guilty of Assault in the 3rd Degree when, (i) with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or (ii) he recklessly causes physical injury to another person; or (iii) with criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

PL 140.10 Criminal Trespass 3

A person is guilty of Criminal Trespass in the 3rd Degree when he knowingly enters or remains unlawfully in a building or upon real property (i) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or (ii) where the building is utilized as an elementary or secondary school; or (iii) located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premise from a principle, custodian, or other person in charge thereof; or (iv) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or where the property consists of a right-of-way or yard of a railroad which has been designated and posted as a no-trespass railroad zone by the city or county in which such property is located.

PL 140.15 Criminal Trespass 2

A person is guilty of Criminal Trespass in the 2nd Degree when he (i) knowingly enters or remains unlawfully in a dwelling; or (ii) being a person required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, he or she enters or remains in a public or private elementary, parochial, intermediate, junior high, vocational or high school knowing that the victim of the offense for which such registration is required attends or formerly attended such school.

PL 155.25 Petit Larceny

A person is guilty of Petit Larceny when he steals property.

PL 165.15 Theft of Services

Under Penal Law § 165.15 subdivision (3), a person is guilty of theft of services when with intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay. NOTE: the Theft of Services statute includes additional subsections criminalizing other kinds of conduct. Subdivision (3), which describes conduct known colloquially as "turnstile-jumping" or "fare-beating," is the most frequently charged form of Theft of Services charged in New York City.

PL 220.03 Criminal Possession of a Controlled Substance 7

A person is guilty of Criminal Possession of a Controlled Substance in the 7th Degree when he or she knowingly and unlawfully possesses a controlled substance.

PL 221.10 Criminal Possession of Marijuana 5

A person is guilty of Criminal Possession of Marijuana in the 5th Degree when he knowingly and unlawfully possesses (i) marijuana in a public place, as defined in Penal Law §240.00, and such marijuana is burning or open to public view; or (ii) one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

PL 265.01 Criminal Possession of a Weapon 4

A person is guilty of Criminal Possession of a Weapon in the 4th Degree when (i) he possesses any firearm, electronic dart gun, knife, bludgeon, plastic knuckles, metal knuckles, or "Kung Fu star"; or (ii) he possesses any dagger, dangerous knife, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or (iii) he knowingly has in his possession a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes, of any school, college or university without the written authorization of such educational institution; or (iv) he possesses a rifle, shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or (v) he possesses any dangerous or deadly weapon and is not a citizen of the United States; or (vi) he is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer; or (vii) he knowingly possesses a bullet containing an explosive substance designed to detonate upon impact; or (viii) he possesses any armor piercing ammunition with intent to use the same unlawfully against another.

VTL 1192 Driving While Intoxicated

A person is guilty of Operating a Vehicle While Under the Influence of Alcohol or Drugs when such person operates a motor vehicle while intoxicated or while such person's ability to operate a motor vehicle is impaired by the use of a drug.

VTL 511 Aggravated Unlicensed Motor Vehicle Operation 2

A person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the 2nd Degree when such person operates a motor vehicle upon a public highway while having reason to know that his license or privilege of operating such motor vehicle has been suspended or revoked...and has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months.