Felony Charges in NY: Classifications & Penalties

In the state of New York, a felony is considered to be any crime that is punishable with a minimum prison sentence of more than one year. There are sentencing limits in place for the various felony classes, but it’s important to keep in mind that your punishment may be affected by a variety of elements including, but not limited to:

Nature of the crime committed
Your criminal history
Circumstances of the crime committed

What is a Felony Charge?

A felony charge in Long Island, NY is seen as a more severe crime than a misdemeanor. This is shown by the way that each category of crime has its own respective penalties and sentencing. The consequences of being convicted of a felony in the state of New York include, but are not limited to:

Jail or prison sentence
Fines
Probation

Along with the above-mentioned penalties, if you’re convicted of a felony in the state of New York you automatically lose the following rights:

Banned from any future firearm purchases
Ineligible for any welfare benefits
Potential revocation of certain operator and/or licenses
Unable to take part in jury duty

Felony Classifications in NY

In the state of New York, felonies are divided into the following five classifications:

Class A (I and II)
Class B (Non-Violent and Violent)
Class C (Non-Violent and Violent)
Class D (Non-Violent and Violent)
Class E (Non-Violent and Violent)

Below you will find an overview on the different felony classifications and their respective sentences in New York.

Class A Felony Charges in NY

Class A felony crimes are considered to be the most severe out of the five classifications. Generally, being convicted of a crime of this level is punishable by capital punishment (death penalty).

The death penalty was abolished in the state of New York in 2007, so a Class A felony conviction in Nassau County NY is usually punished with a life-sentence in prison without parole.

Class A-II Felony Charges

A Class A-II felony conviction in Long Island, NY is punishable by up to life in prison, with a minimum sentence of three to eight years, and an additional four months (or longer) if the crime committed is predatory sexual assault.

Examples of Class A-II felony crimes include, but aren’t limited to:

Predatory sexual assault
Criminal possession of a controlled substance in the second degree
Criminal use of a biological/chemical weapon in the second degree

Class A-I Felony Charges

A Class A-I felony conviction in New York is punishable by up to life in prison and a minimum sentence between 15 and 25 years. The minimum prison sentence may be longer for certain crimes such as attempted murder.

Examples of Class A-I felony crimes include, but are not limited to:

Aggravated murder
Kidnapping in the first degree
Murder in the first degree

Class B Felony Charges in NY

A Class B felony charge in Long Island, NY is considered less severe than a Class A felony but should be taken seriously, nonetheless.

Both violent and non-violent Class B felony convictions are punishable by up to a 25 year prison sentence, with a minimum of one year and no more than a third of the maximum sentence.

Non-Violent Class B Felonies

Non-violent Class B felony charges include, but are not limited to:

Grand larceny in the first degree: theft of property or services in value exceeding one million dollars ($1,000,000)
Armed robbery
Drug trafficking

Violent Class B Felonies

Violent Class B felony charges include, but are not limited to:

Assault in the first degree
Robbery in the first degree
Incest in the first degree

Class C Felony Charges in NY

A Class C felony charge in Suffolk County, NY is considered less severe than a Class B felony, but if your criminal charges are combined or new evidence comes to light, your Class C felony conviction may be escalated to a Class B conviction.

Non-Violent Class C Felonies

A non-violent Class C felony conviction is punishable by up to a 15 years in prison, with the possibility of probation instead of time in prison.

Examples of non-violent Class C felony crimes include, but are not limited to:

Grand larceny in the second degree: theft of property or services in value exceeding $50,000 or if the stolen property was acquired through extortion.
Welfare fraud in the second degree
Insurance fraud in the second degree

Violent Class C Felonies

A violent Class C felony conviction is punishable by a maximum 15 year prison sentence, with a minimum sentence of three and a half years.

Examples of violent Class C felony crimes include, but are not limited to:

Assault in the first degree
Kidnapping in the second degree
Arson in the second degree

Class D Felony Charges in NY

A Class D felony conviction in Nassau County, NY is considered to be less severe than the Class A, B, and C felony classifications but should not be taken lightly.

Non-Violent Class D Felonies

A non-violent Class D felony conviction is punishable by up to a seven year prison sentence, with the possibility of probation instead of time in prison.

Examples of non-violent Class D felony crimes include, but are not limited to:

Grand larceny in the third degree: theft of property or services in value exceeding $3,000 or if the property stolen is an ATM.
Criminal trespassing in the first degree
Burglary in the third degree

Violent Class D Felonies

A violent Class D felony conviction is punishable by up to a seven year prison sentence, with a minimum sentence of two years.

Examples of violent Class D felony crimes include, but are not limited to:

Sexual abuse in the first degree
Reckless assault of a child
False incident report in the first degree

Class E Felony Charges in NY

A Class E felony conviction in Long Island, NY is considered to not be as severe when compared to other felony classifications.

Non-Violent Class E Felonies

A non-violent Class E felony conviction is punishable by up to a four year prison sentence, with a minimum sentence of no more than one third of the maximum sentence. Depending on the nature of the crime, you may receive probation instead of time in prison.

Examples of non-violent Class E felony crimes include, but are not limited to:

Grand larceny in the fourth degree: theft of property or services in value exceeding $1,000 or if the property stolen is a credit card, debit card, firearm, or vehicle.
Stalking in the second degree
Identity theft in the second degree

Violent Class E Felonies

A violent Class E felony conviction is punishable by up to a four year prison sentence, with a minimum sentence of no more than one half of the maximum sentence. Similar to non-violent class E felonies, you may receive probation instead of a prison sentence.

Examples of violent Class E felony crimes include, but are not limited to:

Aggravated sexual abuse in the fourth degree
False bomb threat in the second degree
False incident report in the second degree

If you, or someone you know, have been convicted of a felony or are facing felony charges in the state of New York, it’s critical that you speak with a criminal defense lawyer as soon as possible.

Our affordable criminal defense attorneys have decades of experience representing and protecting the legal rights of Long Island, West Babylon, Nassau County, and Suffolk County residents. Schedule your free consultation by submitting a form here or by calling our office at (631)643-3084 and we will be happy to help you.

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