A Class B misdemeanor in New York is the lower of the state’s two main misdemeanor classes, punishable by up to 90 days in jail and a fine of up to $500. It’s a criminal offense, not a violation, so a conviction creates a criminal record. Mandatory court surcharges apply on top of any fine, and the record itself can affect immigration status, jobs, housing, and firearm eligibility long after the sentence is served.
Where Class B Sits Among New York Offenses
New York sorts criminal offenses into violations (non-criminal), misdemeanors, and felonies. Misdemeanors themselves split three ways: Class A (up to one year in jail), Class B (up to 90 days), and unclassified misdemeanors, which are governed by whatever the specific statute says. Driving while intoxicated is the common example of an unclassified misdemeanor, and it can carry up to a year.
Under the Penal Law, a misdemeanor is any non-traffic offense where possible jail time exceeds 15 days but tops out at one year.1Unified Court System. Types of Criminal Cases | NY CourtHelp The line between Class A and Class B is the sentencing ceiling, not the nature of the underlying conduct.
Penalties for a Class B Misdemeanor
Jail
The maximum jail term is three months. It must be a definite sentence: the judge sets a fixed number of days, with no range. Any time is served in a local or county jail, not state prison.2New 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, particularly for first-time defendants. Judges often go with probation, community service, a conditional discharge, or a straight fine.
Fine
The court can impose a fine of up to $500.3New York State Senate. New York Penal Law 80.05 – Fines for Misdemeanors The judge chooses the amount, and a fine can stand alone or accompany jail time.
Mandatory Surcharges
Every misdemeanor conviction triggers a $175 mandatory surcharge and a $25 crime victim assistance fee, and the judge cannot waive them.4New 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 no fine is imposed, so the floor on any Class B conviction is $200 out of pocket. If paying would cause genuine hardship, you can ask the court to defer, but the debt itself remains.5New York State Senate. New York Criminal Procedure Law 420.40 – Deferral of a Mandatory Surcharge; Financial Hardship Hearings
Probation and Conditional Discharge
Probation for a Class B misdemeanor runs one year, with one exception: a public lewdness conviction carries a probation period of one to three years.6New York Laws. Penal Law Article 65 – Sentences of Probation, Conditional Discharge and Unconditional Discharge You report to a probation officer and follow conditions the court sets, which can include community service, counseling, drug testing, or restitution.
A conditional discharge is a lighter alternative when the judge wants conditions but not supervision. It runs one year for a misdemeanor, and violating a condition can bring you back for resentencing.7New York State Senate. New York Penal Law 65.05 – Sentence of Conditional Discharge
Offenses Classified as Class B Misdemeanors
The list is broader than most people expect. Frequently charged examples include:
- Harassment in the first degree — a course of conduct causing fear of physical injury or property damage.
- Stalking in the fourth degree — intentional conduct directed at a person that causes fear of material harm.
- Criminal trespass in the third degree — knowingly entering or remaining in a building or fenced area without permission.
- Prostitution — engaging or agreeing to engage in sexual conduct for a fee.8New York State Senate. New York Penal Law 230.00 – Prostitution
- Issuing a bad check.
- Fortune telling for compensation.
- Unlawful assembly — gathering with others to engage in unlawful conduct.
- Reckless endangerment of property.
- Possession of graffiti instruments — carrying aerosol cans or markers with intent to use them for graffiti.
How a Class B Case Moves Through Court
Appearance Ticket or Arrest
For a Class B misdemeanor, an officer often has the option of issuing an appearance ticket instead of taking you into custody. The ticket directs you to court on a set date. Officers aren’t required to use them, so a full custodial arrest is still possible, but many Class B defendants never see the inside of a jail before the case ends.
Speedy Trial: 60 Days
Because the top sentence is three months or less, the prosecution has 60 days from the case’s commencement to declare readiness for trial.9New York State Senate. New York Criminal Procedure Law 30.30 – Speedy Trial; Time Limitations Excludable time (like adjournments the defense requests) doesn’t count against them. Miss the deadline and the defense can move to dismiss. That window is shorter than the 90 days Class A misdemeanors get.
Jury Trial
You have the right to a jury trial on a Class B misdemeanor. Under CPL 340.40, any defendant pleading not guilty to a misdemeanor information in a local criminal court must be offered a jury. You can waive it and try the case to a single judge instead, but the choice belongs to you.
Adjournment in Contemplation of Dismissal
Short of a straight dismissal, an ACD is often the best available outcome. With the court and prosecutor’s agreement, the case is adjourned for six months. Stay out of trouble and meet any conditions, and the case is dismissed and sealed automatically at the end. An ACD is not a conviction. This resolution is common on first-time Class B charges when the facts aren’t severe.
Statute of Limitations
Prosecutors have two years from the date of the offense to bring a Class B misdemeanor charge.10New York State Senate. New York Criminal Procedure Law 30.10 – Timeliness of Prosecutions; Periods of Limitation Narrow exceptions exist (tax-related misdemeanors get three years), but two years is the rule.
Court-Appointed Counsel
Because jail is possible, you have a constitutional right to an attorney. If you can’t afford one, the court appoints a public defender or assigned counsel based on whether you are financially unable to afford representation. The court looks at income, debts, assets, and case complexity.
Consequences That Outlast the Sentence
The courtroom penalties are often not the hardest part. A conviction creates a criminal record, and that record follows you.
Immigration
For non-citizens, even a minor misdemeanor can trigger serious immigration consequences. A conviction, including for offenses like shoplifting or low-level drug possession, can block lawful status, prevent a green card renewal, derail a citizenship application, or lead to removal proceedings.11Unified Court System. Immigration Consequences | NY CourtHelp An arrest alone can complicate reentry after international travel. If you are not a U.S. citizen, talk to an immigration attorney before accepting any plea.
Employment and Housing
Criminal records show up on background checks. New York law limits how employers can weigh criminal history, but a conviction can still cost you jobs, professional licenses, and housing. Impact depends on the offense, the decision-maker, and how recently it occurred.
Firearms
Certain misdemeanor convictions disqualify you from a New York pistol permit under Penal Law 400.00, including third-degree assault, misdemeanor DWI, or third-degree menacing within the preceding five years. Separately, federal law permanently bars anyone with a misdemeanor crime of domestic violence conviction from possessing firearms anywhere in the country.
Getting the Record Sealed
Dismissal or Acquittal
Cases that end in dismissal (including after an ACD) or acquittal are sealed automatically under CPL 160.50. No petition is needed. Records are suppressed from public view, and fingerprints, photos, and identifying materials are destroyed. Sealed isn’t the same as expunged, but the case won’t appear on standard background checks.
Petition After a Conviction (CPL 160.59)
Ten years after conviction or release from incarceration (whichever is later), you can petition to seal. You need no more than two total convictions, only one of which can be a felony, no pending cases, and no new convictions during the waiting period.12NY CourtHelp. Sealed Records: After 10 Years (CPL 160.59) Sex offenses and violent felonies are excluded. Meeting the requirements doesn’t guarantee sealing; the court still has discretion.
Clean Slate Act
New York’s Clean Slate Act sets up automatic sealing without a petition. For misdemeanors, records become eligible three years after sentencing or three years after release, whichever is later. A new misdemeanor or felony conviction before the original record seals resets the clock.13New York State Unified Court System. New York State’s Clean Slate Act The court system has until November 16, 2027, to build the processes for automatic sealing, so eligible records will start being sealed under this law once that infrastructure is in place.