# Can You Be Convicted Of A Felony And A Misdemeanor In New York? | Edelman, Krasin & Jaye **Table of Contents***[*Expand*]* 1. Felony Vs. Misdemeanor: What Are The Differences? 2. Can You Be Charged And Convicted Of Both? 3. When This Situation Can Happen 4. How Multiple Convictions Affect Your Case 5. Why Legal Representation Matters in These Cases ![Black-and-white photo of hands handcuffed behind a person's back](https://ekjlaw.com/wp-content/uploads/2026/04/EKJ-FelonyMisd.jpg) # Can You Be Convicted Of A Felony And A Misdemeanor In New York? Getting charged with an offense in New York is already stressful on its own. But if you’re facing a more serious case, you might even have to fight multiple charges at once. The question is, can you actually get convicted for all of these? The answer to this question ultimately depends on your case’s details. Learn more about the differences between felonies and misdemeanors, and how dealing with both might affect your defense strategy. ## Felony Vs. Misdemeanor: What Are The Differences? While both are technically criminal charges, felonies and misdemeanors differ in severity. [Felonies in New York](https://www.nysenate.gov/legislation/laws/PEN/70.02) cover more serious crimes, such as: - Assault - Murder - Criminal possession of a firearm - Manslaughter - Vehicular assault - Burglary - Robbery They generally have higher penalties, such as large fines or prison time. On the other hand, misdemeanors are less severe and generally involve: - [Driving While Intoxicated (DWI)](https://ekjlaw.com/blog/driving-while-intoxicated-dwi/) - Reckless driving - Vandalism - Assault in the third degree - Fleeing a police officer in a motor vehicle - Unlawfully selling prescriptions For a free legal consultation, call [(800) 469-7429](tel:+18004697429) ## Can You Be Charged And Convicted Of Both? Yes, especially during serious violations. Say you drove under the influence and caused an accident. Depending on what the prosecutors find, you may get charged with multiple offenses based on how serious the situation was. If the evidence supports multiple crimes, they could find you guilty of more than one offense. It ultimately depends on the evidence presented during the case itself. When facing a complex case like this, your lawyer’s defense strategy will become a crucial part of the judge’s final decision. ## When This Situation Can Happen ### Accidents Involving DUIs Diving under the influence and getting caught is normally a misdemeanor in New York. But what if you got into a car accident and injured someone? In this case, the prosecution can add a vehicular assault charge (a felony) on top of the original DUI conviction. ### Assault or Injury Cases Cases involving assaults can also turn serious very quickly. For example, if someone gets into an argument and the fight turns physical, you could face both misdemeanors and felonies. The felony in this case would be an assault charge, while the misdemeanor could be harassment or disorderly conduct. ### Property Damage With Injuries Property damage or vandalism could also become a felony. For example, smashing someone’s window could be a misdemeanor. But if you injured someone in that process, it could be upgraded to another charge. [Click to contact](https://ekjlaw.com/contact-us/) our attorneys today ## How Multiple Convictions Affect Your Case Multiple convictions make your defense case a lot more complicated. Penalties can stack on top of one another and can affect anything from prison length, legal fines, or how long something stays on your record. For serious crimes, it may also be much harder to negotiate if there’s clear evidence. Your defense strategy is also crucial to whether those charges can be reduced or dismissed altogether. Complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) now ## Why Legal Representation Matters in These Cases Being charged with both misdemeanors and felonies can automatically make a case much more difficult. For this reason, a strong defense strategy can really make or break the judge’s final decision. Our [Long Island criminal defense lawyers](https://ekjlaw.com/long-island-ny/criminal-defense-lawyer/) have decades of experience helping those accused of breaking the law. [Contact us](https://ekjlaw.com/contact-us/) at (866) 576-0484 to schedule a free case review today.   Call or text [(800) 469-7429](tel:+18004697429) or complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) Criminal Defense Blog Posts: [![gun with bullets](https://ekjlaw.com/wp-content/uploads/2021/04/gun-300x200.jpg)](https://ekjlaw.com/blog/man-arrested-and-charged-after-stray-gunshot-hits-bystander/) ### [Man Arrested and Charged After Stray Gunshot Hits Bystander](https://ekjlaw.com/blog/man-arrested-and-charged-after-stray-gunshot-hits-bystander/) Some of our readers in the New York City metro area may have heard about a recent incident that allegedly occurred in [![Police sirens](https://ekjlaw.com/wp-content/uploads/2021/03/cop-dwi-300x225.jpg)](https://ekjlaw.com/blog/on-duty-new-york-city-police-officer-faces-dwi-charges/) ### [On-Duty New York City Police Officer Faces DWI Charges](https://ekjlaw.com/blog/on-duty-new-york-city-police-officer-faces-dwi-charges/) Being charged with driving while intoxicated in New York City can lead to severe penalties including jail time, fines [![NYPD Finally Admits to Illegally Saving Kids’ Fingerprints](https://ekjlaw.com/wp-content/themes/edelman-child/assets/app/img/default-image.webp)](https://ekjlaw.com/blog/nypd-finally-admits-to-illegally-saving-kids-fingerprints/) ### [NYPD Finally Admits to Illegally Saving Kids’ Fingerprints](https://ekjlaw.com/blog/nypd-finally-admits-to-illegally-saving-kids-fingerprints/) Sometimes it is hard to know who to believe. For years, the New York City Police Department insisted that it was not [![Convictions On Drug Sale Charges Carry Heavy Penalties](https://ekjlaw.com/wp-content/themes/edelman-child/assets/app/img/default-image.webp)](https://ekjlaw.com/blog/convictions-on-drug-sale-charges-carry-heavy-penalties/) ### [Convictions On Drug Sale Charges Carry Heavy Penalties](https://ekjlaw.com/blog/convictions-on-drug-sale-charges-carry-heavy-penalties/) New York’s drug laws are some of the toughest and most complicated in the nation. The state has six degrees of --- Source: https://ekjlaw.com/faqs/can-you-be-convicted-of-a-felony-and-a-misdemeanor-in-new-york/