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Violent Felony Charges in New York State

County Jail InmateIn a moment, a bad decision, being in the wrong place at the wrong time, or a tragic accident can result in a violent felony or other serious criminal charges.

Every day, the lives of people just like you are derailed by a criminal charge. Suddenly, you and your loved ones find yourselves needing to navigate the NY criminal justice system.

This is a stressful and often frightening time, but there is no need to face this alone. We have an experienced and dedicated legal team that is here to help.

What to Do When Charged With a Violent Felony

Violent crime is aggressively prosecuted in New York State. A conviction will change your life forever. You will want to hire competent legal representation as quickly as you can. Keep in mind, additional charges may be filed, which makes the knowledge of an experienced criminal defense attorney extremely helpful and valuable.

In addition to Violent Felony AI and AII, there are a number of charges that fall under four classifications of Violent Felonies: Class B, C, D and E, outlined below. “B Felonies” are more serious and carry longer sentences than C Felonies, followed by D and E Felonies. Multiple charges will further complicate your case.

Sentencing for Violent Felonies in the State of New York

Because New York State abolished the death penalty in 2006, life without parole is the maximum sentence for conviction of a Class A Felony in NY.

Sentencing guidelines for Violent Felonies B, C, D & E are extremely complex. Our criminal defense attorneys will do everything to have charges dropped, reduced, or to win at trial. However, it is wise to understand the consequences of the maximum charges you may face. Your lawyer will be able to explain sentencing guidelines for the charges you face.

Conviction of any violent felony will carry more than a one-year sentence. A sentence of more than one year will be carried out in a New York State prison, rather than county jail. When drugs are involved, alternative sentencing guidelines are available, which can reduce the length of incarceration.

Conviction of a violent felony can take away your right to vote, purchase firearms, get school loans, scholarships and grants, receive government public assistance and programs (even as a senior citizen later in life). A felony conviction will likely reduce your earning potential, and alter relationships with friends, family and the community.

Choose Your Criminal Defense Attorney Carefully

There is much at stake, so choosing the best criminal defense attorney for you and your case is one of the most important decisions you will make. A lawyer that does not specialize in criminal law could be a disadvantage. The more knowledgeable your attorney is about criminal matters, the more effective they will be in defending you.

One of the most respected law firms in NY State, our firm has defending clients facing criminal defense charges since 1898. We fight to win. Our criminal defense attorneys are experienced, aggressive and affordable. Contact us today for a confidential and Free Case Evaluation.

What is a Violent Felony in NY?

“Violent” does not necessarily mean violence was involved, as one might expect. In NY, a violent felony is very serious. For example, a Class D Violent Felony with no prior conviction could carry a minimum 2 ½ year prison sentence. Conviction of a violent felony, with additional violent, or non-violent felony conviction will likely extend the prison sentence.

All Felony charges are serious and require a strong, deliberate defense. Convictions result in a determinate or indeterminate sentence. Predicate, or prior, charges and whether those convictions were violent or non-violent will impact sentencing of a Class B Violent Felony, Class C, Class D or Class E Violent Felony. Drug Felonies and Felonies related to DWI and DWAI are prosecuted under separate guidelines.

Examples of ‘Class A’ Violent Felonies:

  • Murder
  • Arson
  • Kidnapping
  • Predatory Sexual Assault against a child

Class B Violent Felonies

NY Penal Law:

  • Aggravated assault upon a police officer or a peace officer 120.11
  • Aggravated manslaughter in the first degree 125.22
  • Aggravated sexual abuse in the first degree 130.70
  • Arson in the second degree 150.15
  • Assault in the first degree 120.10
  • Attempted Arson in the first degree 150.20
  • Attempted kidnapping in the first degree 135.25
  • Attempted murder in the second degree 125.25
  • Burglary in the first degree 140.30
  • Course of sexual conduct against a child in the first degree 130.75
  • Criminal possession of a chemical weapon or biological weapon in the second degree 490.40
  • Criminal possession of a weapon in the first degree 265.04
  • Criminal sale of a firearm in the first degree 265.13
  • Criminal sexual act in the first degree 130.50
  • Criminal use of a chemical weapon or biological weapon in the third degree 490.47
  • Criminal use of a firearm in the first degree 265.09
  • Gang assault in the first degree 120.07
  • Hindering prosecution of terrorism in the first degree 490.35
  • Incest in the first degree 255.27
  • Intimidating a victim or witness in the first degree 215.17
  • Kidnapping in the second degree 135.20
  • Manslaughter in the first degree 125.20
  • Rape in the first degree 130.35
  • Robbery in the first degree 160.15

Class C Violent Felonies

NY Penal Law:

  • Aggravated criminal possession of a weapon 265.19
  • Aggravated criminally negligent homicide 125.11
  • Aggravated manslaughter in the second degree 125.21
  • Aggravated sexual abuse in the second degree 130.67
  • Assault on a judge 120.09
  • Assault on a peace officer, police officer, fireman or emergency medical services professional 120.08
  • Burglary in the second degree 140.25
  • Criminal possession of a chemical weapon or biological weapon in the third degree 490.37
  • Criminal possession of a weapon in the second degree 265.03
  • Criminal sale of a firearm in the second degree 265.12
  • Criminal sale of a firearm with the aid of a minor 265.14
  • Criminal use of a firearm in the second degree 265.08
  • Gang assault in the second degree 120.06
  • Hindering prosecution of terrorism in the second degree 490.30
  • Robbery in the second degree 160.10
  • Soliciting or providing support for an act of terrorism in the first degree 490.15
  • Strangulation in the first degree 121.13

Class D Felony

NY Penal Law:

  • Aggravated sexual abuse in the third degree 130.66
  • Aggravated unpermitted use of indoor pyrotechnics in the first degree 405.18
  • Assault in the second degree 120.05
  • Course of sexual conduct against a child in the second degree 130.80
  • Criminal possession of a weapon in the third degree 265.02
  • Criminal sale of a firearm in the third degree 265.11
  • Criminal sexual act in the second degree 130.45
  • Facilitating a sex offense with a controlled substance 130.90
  • Falsely reporting an incident in the first degree 240.60
  • Intimidating a victim or witness in the second degree 215.16
  • Making a terroristic threat 490.20
  • Menacing a police officer or peace officer 120.18
  • Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall 240.63
  • Placing a false bomb or hazardous substance in the first degree 240.62
  • Rape in the second degree 130.30
  • Reckless assault of a child 120.02
  • Sexual abuse in the first degree 130.65
  • Soliciting or providing support for an act of terrorism in the second degree 490.10
  • Stalking in the first degree 120.60
  • Strangulation in the second degree 121.12

Class E Felony

NY Penal Law:

  • Attempt to commit criminal possession of a weapon in the third degree subdivision five, six, seven or eight 265.02
  • Persistent sexual abuse 130.53
  • Aggravated sexual abuse in the fourth degree 130.65-a
  • Falsely reporting an incident in the second degree 240.55
  • Placing a false bomb or hazardous substance in the second degree 240.61

Learn more about felony charges and penalties in NY State.

Aggressive, Compassionate Representation

With so much at stake, you will want to hire the best attorney you can afford. The attorneys of E. Stewart Jones Hacker Murphy are experienced, confident, and compassionate. They will help you understand the legal process, develop your defense, and fight for the best interests of you and your family.

We welcome the opportunity to discuss your case. Contact us to schedule a Free Case Analysis by phone or in-person at one of our four convenient offices in Albany, Latham, Troy, Latham, and Saratoga Springs

For urgent legal matters, Please Call Us now. Our criminal defense attorneys are available to clients 24 hours a day, 7 days a week, 365 days a year, even on a holiday. We are here to help you through this situation.