The criminal justice system saps wealth and opportunity in ways both large and small from vulnerable communities, especially in New York. While much of the public discourse around criminal justice reform focuses on reducing the number of people held pre-trial on cash bail, little attention is given to the impact of other forms of financial punishment—namely mandatory surcharges and fees that are the all-but-hidden secondary form of punishment that can linger for years beyond a formal conviction. Understanding the difference between being charged vs. convicted is crucial as these financial burdens often only apply after conviction.
In 2017, the criminal and Supreme courts imposed more than 450,000 fees and fines, totaling nearly $100 million in legal financial obligations. Unlike restitution and fines that serve expressly criminal objectives, fees and surcharges are designed to collect revenue rather than punish and deter crime. These financial penalties can remain even after a defendant has completed their sentence, creating an immediate barrier to successful reentry and sabotaging public goals of reducing the prison population and curbing recidivism. The implications of being charged vs. convicted here highlight the additional financial strain that convictions can place on individuals.
New York State’s mandatory surcharges and fees include sex offender registration and DNA databank fees, service fee payments, and crime victim assistance charges. Combined, they cost New Yorkers $1.9 billion every year. Most of these penalties are collected by local governments or the State Division of Criminal Justice Services (DCJS) on top of court-ordered restitution and fines, and they are often hidden from view. It’s important to distinguish between the financial impact of being charged vs. convicted, as the latter can lead to significant long-term financial obligations.
Beyond the monetary costs, a felony record can stand in the way of employment, loan applications, and housing opportunities. It can also prevent people from voting, serving as a juror, and from owning or using firearms. In addition, convicted felons can lose their eligibility for welfare benefits, federally subsidized housing, and certain operator and professional licenses. These setbacks highlight why understanding the charged vs. convicted status is vital, as the consequences extend far beyond the courtroom.
A felony conviction can lead to a lifetime of negative impacts, affecting family, community, and even the ability to live on one’s own. It is important for people who are facing a felony charge to seek experienced, knowledgeable, and passionate legal counsel. The differentiation between being charged vs. convicted is critical in these cases because the legal strategies and potential outcomes will differ dramatically.
Contact our firm today to schedule a consultation with a lawyer. We will provide the dedicated and thorough representation you deserve to successfully navigate any criminal case. We will fight to protect your rights and freedom. Our team will guide you through every step of the criminal process, helping you to avoid the consequences of a felony conviction for the rest of your life.
The penalties for felony convictions in New York can include jail time, fines, and probation. A criminal record can also have collateral consequences that can impact your ability to secure employment, live in certain geographic areas, and obtain professional licenses. For this reason, it is imperative to get legal help immediately if you are facing a felony or misdemeanor charge, as there's a significant legal distinction between being charged vs. convicted.
The penalty you face will depend on the specific crime for which you were charged, your criminal history, and a variety of other factors. In general, a judge will follow state sentencing guidelines when handing down a sentence. In addition, the judge will consider aggravating and mitigating factors that can impact the severity of your sentence. Understanding the difference between being charged vs. convicted can affect how these factors play out in court. For example, your prior convictions can lead to a harsher sentence as can a lack of genuine remorse. Other factors that can impact the severity of your sentence include whether you used a weapon during the commission of the crime and if it is a violent or non-violent felony.
In addition to the potential State prison sentence, a convicted felon will also have to pay restitution and may be required to participate in treatment programs. There are also a variety of other penalties, such as community service, fines, and probation. It's crucial to know the legal processes involved when charged vs. convicted, as the outcomes and penalties differ significantly.
While it may seem obvious that there is a difference between being charged with a crime and being convicted of that crime, many people do not fully appreciate this distinction. Some believe (mistakenly) that being charged with a crime means they are guilty; they follow the overly-simplified maxim, "where there is smoke, there is fire." However, being charged with a crime simply means that the government has formally accused you of the offense, whereas being convicted of a crime, on the other hand, means that you have either plead guilty or were found guilty after trial. This charged vs. convicted distinction is crucial for the accused to understand as they navigate their defense.
Misdemeanors are punishable by up to one year in jail and carry a maximum fine of $1,000. Felonies are broken down into classes with Class A felonies being the most serious and class E felonies being the least serious. There are also "wobbler" crimes that can be charged as a misdemeanor or a felony depending on the situation and severity of the crime. For example, larceny charges can be filed as petit larceny or grand larceny, and the amount stolen will dictate which crime is charged. The ramifications of being charged vs. convicted vary greatly depending on these classifications and can influence the legal strategy used in defense.
The criminal justice system can be intimidating and confusing. However, understanding the difference between being charged vs. convicted is crucial for anyone involved in this process. This page provides information on the basic steps of a criminal case in New York, from arraignment to sentencing.
After a person is arrested, police will present information about the case to the District Attorney’s office. The District Attorney will determine whether to file charges against the suspect and if so, what kind of charges – misdemeanor or felony. If the charges are a felony, they will be referred to a Superior Court, County Court, or Supreme Court for an arraignment. At the arraignment, the suspect will be told what he or she is being charged with, and have an opportunity to make bail. The difference between being charged vs. convicted starts to become apparent at this stage, as being charged does not imply guilt. The defendant will also be given an opportunity to hire an attorney or if he or she cannot afford an attorney one will be appointed at this time.
Following arraignment, the prosecution and the defense will have many different pre-trial court appearances to allow them to review the evidence, file motions and prepare for trial. These hearings can last months and even a year or more due to court congestion. During these proceedings, understanding the implications of being charged vs. convicted can significantly affect the defense strategy. The defendant may have several opportunities to resolve the case through a plea bargain or by requesting a jury trial.
At trial, the State must prove that you are guilty of the charged offense beyond a reasonable doubt. This is the highest standard of proof in the American legal system and a very difficult burden for the State to meet. If the State fails to prove guilt beyond a reasonable doubt, you will be found not guilty and your case will end. This highlights the critical legal distinction between being charged vs. convicted.
If you are convicted of a misdemeanor or felony conviction, you will be sentenced by the judge. The judge can sentence you to jail time, probation, community service or a fine. The length of the jail sentence is determined by the severity of the crime, any prior criminal record and the type of crime. Being convicted carries far more severe consequences than simply being charged.
Upon conviction, you will be placed on the Department of Corrections’ “in custody” list. If the sentence is a jail term, you will be housed at a maximum security or low security prison facility. In addition, the conviction will be on your permanent record and this will follow you for the rest of your life. The conviction can impact your ability to obtain housing, employment, education and affect your immigration status. This is why it is so important to fight any conviction. In some cases, you can have the conviction expunged after a period of time. This will not remove the conviction from your records but it will prevent the conviction from appearing on a background check or affecting your credit report. The ongoing consequences of being charged vs. convicted underline the necessity of an experienced criminal defense attorney to navigate this complex system.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060