Felony charges should be taken very seriously. A felony conviction is subject to enhanced sentencing and a criminal record that could impact every aspect of your life.
In addition to imprisonment, fines and probation, a felony conviction in NY includes automatic loss of the following rights enjoyed by United States citizens:
- You may not participate as a juror.
- Prohibited from future purchase of firearms.
- You may no longer vote. (a/k/a Felony Disenfranchisement)
- Not eligible for welfare benefits.
- Not eligible for Federally subsidized housing.
- Exclusion or revocation of some operator and/or professional licenses.
How Much Jail Time is Sentenced for Felony Conviction in NY?
New York State defines a felony as an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. Jail sentences for a misdemeanor, violations or infraction are shorter. However, multiple convictions can extend jail time. Drug Felonies have their own sentencing guidelines.
A criminal defense attorney will work to dismiss charges, plea to a lesser charge, reduce to a misdemeanor, or if faced with conviction, work to minimize imprisonment and/or fines. Of course, there is no guaranteed outcome, regardless of what any lawyer tells you. You are fighting for your life and freedom, literally. So, it is wise to hire the best criminal defense attorney you can afford.
NY Sentences for Felony Conviction
Felonies are divided into five categories or classes in the State of New York. Each charge has a maximum sentence. Multiple convictions may be ordered to be served concurrently or consecutively.
Felony Charge Comparison Chart
It is possible to be charged with multiple felony charges. Multiple convictions, and prior, or predicate charges and convictions, will impact sentencing guidelines. There are many factors that contribute to the outcome of a felony charge, making it extremely important to find the best attorney to represent you. A criminal defense attorney with felony experience has a distinct advantage over a general practice attorney with limited exposure to the criminal justice system, so be sure to choose your defense lawyer thoughtfully.
Our Criminal Defense Attorneys Fight to Win
Felony charges are often complex matters. Warrants, summons, arraignment, bail hearings, plea bargains, jurisdiction, grand jury, court appearances, trials and testimony all impact the outcome. With so much on the line, it is natural to want the most aggressive, qualified, professional attorney you can find to represent you. Choosing an attorney can add to the stress of the situation.
NY State Class A Felony
Class A Felony and the Death Penalty in New York State
Class A Felony is reserved for the most serious of crimes and those found guilty are eligible for capital punishment in many states. In 2007 New York abolished the death penalty. So, in NY, a Class A Felony conviction would typically result in a life-sentence, typically without parole.
- Class A Felony Penalty (A-I and A-II): longest sentence, including life without parole.
Class B Felony
Class B Felony in NY is typically the charge for alleged homicide, violent assault, armed robbery, rape, and drug trafficking. Still a very serious charge, in NY State the Class B Felony does allow some room for plea bargain and occasionally dropped charges at some phase of the legal process.
- Class B Violent Felony: maximum sentence of 25 years.
- Class B Non-Violent Felony: maximum sentence of 25 years.
Class C Felony in NY
Assault, fraud, types of theft, robbery, larceny and drug distribution are each typically charged as a Class C Felony. This may seem less threatening. If multiple charges are combined, or new evidence is introduced, a Class C Felony can be elevated to a Class B Felony – increasing jail time significantly. Because things can change, it is extremely important that you have the best possible criminal defense lawyer from day one.
- Class C Violent Felony: 3 ½ – 15 years maximum sentence.
- Class C Non-Violent Felony: ranges from No Jail with Probation, or up to 15 years.
Class D Felony
Fraud, theft, robbery, burglary, and manslaughter in special cases are Class D Felonies in New York State.
- Class D Violent Felony: 2-7 year maximum sentence.
- Class D Non-Violent Felony: ranges from No Jail with Probation, to a maximum of 7 years.
NY State Class E Felony Charges
Being charged with one or more of the following felony charges in the State of New York? Hiring an attorney with experience in criminal law could determine whether you will face a conviction, time in jail, and a criminal record.
- Abandonment of a child
- Aggravated assault upon a Minor (younger than 11 years old)
- Aggravated harassment in the first degree
- Arson in the fourth degree
- Computer tampering in the third degree
- Conspiracy in the fourth degree
- Criminal injection of a narcotic drug
- Criminal possession of computer-related material
- Criminal possession of marijuana in the third degree
- Criminal possession of public benefit cards in the third degree
- Criminal possession of stolen property in the fourth degree
- Criminal sale of marijuana in the third degree
- Criminally negligent homicide
- Defrauding the government
- Disseminating indecent material to minors in the second degree
- Endangering the welfare of a vulnerable elderly person in the second degree
- Falsely reporting an incident in the first degree
- Falsifying business records in the first degree
- Forgery of a VIN (vehicle identification number)
- Grand larceny in the fourth degree
- Insurance fraud in the fourth degree
- Making a false statement in the first degree
- Non-support of a child in the first degree
- Offering a false instrument for filing in the first degree
- Patronizing a prostitute in the second degree
- Perjury in the second degree
- Placing a false bomb in the first degree
- Possession of a sexual performance by a minor/child
- Possession of an obscene sexual performance by a minor/child
- Rape in the third degree
- Reckless assault of a minor child by a day care provider
- Criminal Sexual Act in the third degree
- Stalking in the second degree
- Unlawful imprisonment in the first degree
- Vehicular assault in the second degree
- Welfare fraud in the fourth degree
Penalty for Class E Felony Conviction in NY State
- Class E Violent Felony: ranges from No Jail with Probation or Jail for up to 4 years.
- Class E Non-Violent Felony: ranges from No Jail with Probation or Jail for up to 4 years.
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The E. Stewart Jones Hacker Murphy Law Firm is proud to have represented executives, public figures, and hard-working citizens facing criminal charges in NY State. Each and every client benefits from our full commitment and experience.
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Considered one of the most reputable firms in New York State, E. Stewart Jones Hacker Murphy Law provides clients with a balance of affordable legal fees and expert guidance throughout the legal process. Because there is so much at stake in criminal defense cases, we recommend you do your homework before selecting an attorney. Ask questions, get a feel for how each firm would handle your specific case and then ask for a fee quote.
Compare fees and experience, then ask yourself: Who would you want to represent you?
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