Legislation
SECTION 55.10
Designation of offenses
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 55
§ 55.10 Designation of offenses.
1. Felonies.
(a) The particular classification or subclassification of each felony
defined in this chapter is expressly designated in the section or
article defining it.
(b) Any offense defined outside this chapter which is declared by law
to be a felony without specification of the classification thereof, or
for which a law outside this chapter provides a sentence to a term of
imprisonment in excess of one year, shall be deemed a class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this chapter is either a class A
misdemeanor or a class B misdemeanor, as expressly designated in the
section or article defining it.
(b) Any offense defined outside this chapter which is declared by law
to be a misdemeanor without specification of the classification thereof
or of the sentence therefor shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an
offense is defined outside this chapter and a sentence to a term of
imprisonment in excess of fifteen days but not in excess of one year is
provided in the law or ordinance defining it, such offense shall be
deemed an unclassified misdemeanor.
3. Violations. Every violation defined in this chapter is expressly
designated as such. Any offense defined outside this chapter which is
not expressly designated a violation shall be deemed a violation if:
(a) Notwithstanding any other designation specified in the law or
ordinance defining it, a sentence to a term of imprisonment which is not
in excess of fifteen days is provided therein, or the only sentence
provided therein is a fine; or
(b) A sentence to a term of imprisonment in excess of fifteen days is
provided for such offense in a law or ordinance enacted prior to the
effective date of this chapter but the offense was not a crime prior to
that date.
4. Traffic infraction. Notwithstanding any other provision of this
section, an offense which is defined as a "traffic infraction" shall not
be deemed a violation or a misdemeanor by virtue of the sentence
prescribed therefor.
1. Felonies.
(a) The particular classification or subclassification of each felony
defined in this chapter is expressly designated in the section or
article defining it.
(b) Any offense defined outside this chapter which is declared by law
to be a felony without specification of the classification thereof, or
for which a law outside this chapter provides a sentence to a term of
imprisonment in excess of one year, shall be deemed a class E felony.
2. Misdemeanors.
(a) Each misdemeanor defined in this chapter is either a class A
misdemeanor or a class B misdemeanor, as expressly designated in the
section or article defining it.
(b) Any offense defined outside this chapter which is declared by law
to be a misdemeanor without specification of the classification thereof
or of the sentence therefor shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an
offense is defined outside this chapter and a sentence to a term of
imprisonment in excess of fifteen days but not in excess of one year is
provided in the law or ordinance defining it, such offense shall be
deemed an unclassified misdemeanor.
3. Violations. Every violation defined in this chapter is expressly
designated as such. Any offense defined outside this chapter which is
not expressly designated a violation shall be deemed a violation if:
(a) Notwithstanding any other designation specified in the law or
ordinance defining it, a sentence to a term of imprisonment which is not
in excess of fifteen days is provided therein, or the only sentence
provided therein is a fine; or
(b) A sentence to a term of imprisonment in excess of fifteen days is
provided for such offense in a law or ordinance enacted prior to the
effective date of this chapter but the offense was not a crime prior to
that date.
4. Traffic infraction. Notwithstanding any other provision of this
section, an offense which is defined as a "traffic infraction" shall not
be deemed a violation or a misdemeanor by virtue of the sentence
prescribed therefor.