What Charges Lead to a DAT?

What Charges Lead to a DAT?

Here’s what surprises people: you can receive a Desk Appearance Ticket for a felony carrying years in prison. The charge itself doesn’t determine whether you get a DAT. What determines it is whether you fit the criteria the police use to decide who gets released versus who gets held overnight. A DAT doesn’t mean your charges are minor. It means the system decided you weren’t a flight risk or an immediate danger.

Welcome to Spodek Law Group. We explain this because the word “ticket” creates dangerous confusion. People think DAT charges are like traffic tickets – minor annoyances you pay and forget. They’re not. The most common DAT charge in New York City is petit larceny – a Class A misdemeanor carrying up to 364 days in jail. The fact that you received a ticket instead of spending a night in jail changes nothing about the seriousness of what you’re facing.

Todd Spodek tells every new client the same thing: focus on the charge, not the process. The DAT is just how you got your court date. The charge determines what happens at that court date.

The 2020 Reform That Changed Everything

Before 2020, desk appearance tickets were discretionary. Police could issue them for certain offenses, but they weren’t required to. Getting a DAT often depended on factors like which precinct arrested you, how busy the station was, and whether the officer felt like processing the paperwork. The same charge could result in a DAT or overnight booking depending on circumstances that had nothing to do with you.

That changed on January 1, 2020. New York’s criminal justice reforms made DATs mandatory for most misdemeanors and many felonies. The law now requires police to issue a desk appearance ticket unless the charge falls into specific exceptions.

Heres what this means practically. If your arrested for a qualifying offense and you have valid identification, the police must release you with a DAT. They cant hold you overnight just because they feel like it. The reform was designed to reduce the number of people sitting in jail awaiting arraignment for minor charges.

But the flip side is important. More serious charges now result in DATs then ever before. A DAT in 2024 dosent mean the same thing it meant in 2019. Back then, getting a DAT was a signal that the police viewed your case as minor. Now its simply what happens for most qualifying offenses – including some felonies.

Misdemeanor Charges That Lead to DATs

The vast majority of DAT charges are misdemeanors. Under the 2020 reforms, almost all misdemeanors are DAT-mandatory unless they fall into specific exceptions.

Class A Misdemeanors (most serious misdemeanors):

• Petit larceny (shoplifting)
• Assault in the third degree
• Criminal possession of a controlled substance in the seventh degree
• Criminal possession of a weapon in the fourth degree
• Criminal mischief in the third degree
• Theft of services
• Criminal possession of stolen property in the fifth degree
• Resisting arrest
• Fraudulent accosting
• Criminal contempt in the second degree

Class B Misdemeanors:

• Harassment in the second degree
• Criminal trespass in the third degree
• Loitering for the purpose of engaging in prostitution
• Marijuana possession (certain amounts)

Violations (not technically crimes):

• Disorderly conduct
• Trespass
• Certain marijuana offenses under decriminalization

OK so heres where it gets confusing. The lists above are examples, not the full universe. New York has hundreds of misdemeanor offenses. Almost all of them qualify for mandatory DATs unless they trigger one of the exceptions.

Felony Charges That Lead to DATs

This is what shocks people. You can receive a DAT for a felony.

Under the 2020 reforms, most Class E felonies – the least serious category of felony – became DAT-eligible. Class E felonies carry up to four years in state prison. Getting a desk appearance ticket for one of these charges dosent mean you face minor consequences.

Common Class E Felony DAT Charges:

• Grand larceny in the fourth degree (theft over $1,000)
• Criminal possession of stolen property in the fourth degree
• Certain drug possession charges
• Forgery in the second degree
• Criminal mischief in the second degree
• Burglary in the third degree (in some circumstances)

Theres a reason police used to almost never issue DATs for felonies. A felony arrest is serious. It means potential state prison, not county jail. Before the reforms, officers would hold felony defendants for arraignment so a judge could set bail.

Now the law requires DATs even for these charges – unless exceptions apply. The result is that people walk out of the precinct with a ticket for charges that could send them to prison for years.

This is why the term “ticket” is so misleading. Your not getting a parking violation. Your getting a court date for a felony.

The Exceptions: When You DON’T Get a DAT

Not every qualifying charge results in a DAT. The law includes exceptions that give police discretion – or require them – to hold you for arraignment instead.

Sex Offenses (PL 130): Any charge under the sex offense statute means no automatic DAT. This includes relatively lower-level charges like sex abuse in the third degree.

Family or Household Member Cases: If the alleged victim is a family or household member, no automatic DAT. This is because the court may need to issue an order of protection. In practice, this means most assault cases involving domestic situations result in overnight arrest, not a DAT.

Prior Failure to Appear: If your criminal history shows you failed to appear in court within the last two years, police are not required to give you a DAT. Your past non-appearance makes you a flight risk.

No Valid Identification: The law requires you to provide valid government-issued identification to receive a DAT. This includes drivers licenses, state IDs, passports, military IDs, or public benefit cards. If you cant prove who you are, the police cant release you with a ticket.

Driver’s License Implications: If the charge could result in suspension or revocation of your drivers license, no automatic DAT. This captures many vehicle-related offenses.

Specific Excluded Felonies: Certain Class E felonies are specifically excluded from DAT eligibility, including some violent crimes and weapon offenses.

Heres what people miss about these exceptions. Even if an exception dosent apply, the police still have discretion. The law says DATs are mandatory for qualifying offenses, but it also allows officers to make judgment calls about whether circumstances warrant holding someone. A borderline case might go either way depending on the specific situation.

The Charges That NEVER Lead to DATs

Some charges are categorically ineligible for desk appearance tickets. No matter the circumstances, these result in arrest and holding for arraignment:

All Felonies Above Class E: Class A through D felonies are not DAT-eligible. These include violent felonies, serious drug offenses, and most crimes carrying more than four years in prison.

Violent Felonies: Regardless of class, violent felonies require arrest and arraignment. This includes assault charges above the third degree, robbery, burglary in certain circumstances, and weapon offenses.

All Sex Crimes: Every charge under Penal Law Article 130 results in arrest, not a DAT. The law takes sex offenses seriously regardless of severity.

Domestic Violence Situations: When the circumstances suggest an order of protection is needed, police hold the defendant for arraignment so a judge can issue protective orders.

Weapon Charges Above Fourth Degree: Serious weapon possession charges result in arrest. Criminal possession of a weapon in the fourth degree (the lowest level) can be a DAT; higher levels cannot.

The pattern to understand is this: the more serious the charge, the less likely a DAT. But “less likely” dosent mean impossible. And for the vast majority of criminal charges in New York, DATs are now the default.

Why Your Charge Classification Matters

The fact that you received a DAT tells you something about your charge classification, but not what most people assume.

If you received a DAT, your charge is almost certainly either a misdemeanor or a Class E felony. Thats useful information. It tells you the maximum possible penalty:

• Class A Misdemeanor: Up to 364 days jail, $1,000 fine
• Class B Misdemeanor: Up to 90 days jail, $500 fine
• Violation: Up to 15 days jail, $250 fine
• Class E Felony: Up to 4 years state prison

But dont assume your actual outcome will be anywhere near those maximums. First-time offenders rarely face maximum penalties. ACDs (dismissals) are common for many DAT charges. The classification tells you the ceiling; your lawyer’s negotiation determines were you actualy land.

What the Charge Tells You About Your Case

Different DAT charges have different typical outcomes. Knowing which charge you face helps you understand what to expect:

Petit Larceny: The most common DAT charge. First-time offenders with small-value thefts often receive ACDs. Chain store victims rarely show up to object. This is one of the more favorable DAT situations.

Assault Third Degree: Highly dependent on circumstances. Mutual combat situations (both parties fighting) resolve more favorably then unprovoked attacks. Domestic situations are more complex becuase of order of protection implications.

Drug Possession: Increasingly resolved through diversion programs and treatment courts. The push toward decriminalization means many possession cases result in dismissals or reduced charges.

Theft of Services: Often deprioritized by prosecutors. Fare evasion cases in particular have become low-priority in Manhattan. Many result in ACDs or dismissals.

Criminal Mischief: Property damage cases. Outcomes depend heavily on the value of damage and wheather the victim pushes for prosecution.

Criminal Contempt: Violating an existing order of protection. Treated more seriously then some other DAT charges becuase it involves prior court involvement.

The charge gives you a starting point. But outcomes depend on facts, criminal history, victim involvement, prosecutor caseload, and – critically – how effectivly your lawyer advocates for you.

The Misconception That Kills Cases

Heres the mistake we see constantly. Someone receives a DAT and thinks: “It cant be that serious if they let me go.”

Wrong. The release decision has nothing to do with case severity. Its about logistics – wheather you need to be held pending arraignment, not wheather you face real consequences.

People who make this mistake:

• Skip hiring a lawyer becuase “its just a DAT”
• Show up at arraignment unprepared
• Accept the first plea offer without understanding options
• Create permanent criminal records for charges that could have been dismissed

Dont let the process fool you about the substance. The DAT is how you got here. The charge determines what happens next. Treat every DAT charge as serious becuase they all are.

What Spodek Law Group Does

At Spodek Law Group, we evaluate DAT cases by the charge, not by how you were processed. Todd Spodek has handled thousands of DAT cases across every charge type – from petty shoplifting to Class E felonies.

We investigate your case before arraignment. What are the facts? What evidence does the prosecution have? What are the weaknesses we can exploit? We prepare for your court date the same way wheather you spent a night in jail or walked out with a ticket.

The goal isnt just avoiding jail – most DAT defendants werent going to jail anyway. The goal is avoiding a record. Avoiding consequences that follow you for years. Getting the best possible outcome regardless of how your case started.

Call us at 212-300-5196. The consultation is free. We’ll look at your specific charge, your circumstances, and your options. Dont let the word “ticket” fool you into thinking this isnt serious. Every DAT charge can affect your future. The question is wheather you’ll get help protecting it.