State Laws

New York Felony

     

In the state of New York felonies are classified as classes A1, A2, B, C, D and E. Each class of felony is classified as a violent or nonviolent crime with class A1 and class A2 being the moste serious of crimes. The following are these classes of felonies including punishment for each class:

Class A1 Violent Felony
These felony criminal offenses are punishable by a prison sentence of a minimum of twenty years to a maximum of life imprisonment.

  1. Murder - 1st and 2nd degree
  2. Conspiracy - 1st degree
  3. Arson - 1st degree
  4. Kidnapping - 1st degree
  5. Criminal sale of controlled substance(s) - 1st degree
  6. Criminal possession of controlled substance(s) - 1st degree
Class A2 Nonviolent Felony
These felony criminal offenses are punishable by a prison sentence of a minimum of twenty years to a maximum of life imprisonment.
  1. Criminal sale of controlled substance(s) - 2nd degree
  2. Criminal possession of controlled substance(s) - 2nd degree
Class B Violent Felony
These felony criminal offenses are punishable by a prison sentence of a minimum of five years to a maximum of twenty-five years imprisonment.
  1. Aggravated assault of a police officer
  2. Aggravated assault by a police officer
  3. Aggravated sexual abuse - 1st degree
  4. Arson - 2nd degree
  5. Assault - 1st degree
  6. Burglary - 1st degree
  7. Any course of sexual conduct against a child -1st degree
  8. Criminal possession of weapon(s) - 1st degree
  9. Criminal sale of firearm(s) - 1st degree
  10. Criminal use of firearm(s) - 1st degree
  11. Gang assault - 1st degree
  12. Intimidation of victim and/or witness - 1st degree
  13. Kidnapping - 2nd degree
  14. Manslaughter - 1st degree
  15. Rape - 1st degree
  16. Robbery -1st degree
  17. Sodomy - 1st degree
Class B Nonviolent Felony
These felony criminal offenses are punishable by prison sentence of a minimum of one year and a maximum of twenty-five years imprisonment.
  1. Aggravated insurance fraud
  2. Receiving a bribe - 1st degree
  3. Bribery - 1st degree
  4. Conspiracy - 2nd degree
  5. Criminal facilitation - 1st degree
  6. Criminal mischief - 1st degree
  7. Criminal possession of controlled substance(s) - 3rd degree
  8. Criminal sale of controlled sustance(s) on school property
  9. Criminal sale of controlled substance(s) - 3rd degree
  10. Grand larceny - 1st degree
  11. Insurance fraud - 1st degree
  12. Promotion of prostitution - 1st degree
  13. Tampering with a witness - 1st degree
  14. Welfare fraud - 1st degree
Class C Violent Felony
These felony criminal offenses are punishable by a prison sentence of a minimum of three years and six months to a maximum of five years and six months imprisonment.
  1. Aggravated sexual abuse - 2nd degree
  2. Assault of an officer
  3. Burglary - 2nd
  4. Criminal possession of weapon(s) - 2nd degree
  5. Criminal sale of firearm(s) - 2nd
  6. Criminal sale of firearm(s) with aid of minor(s)
  7. Criminal use of firearm(s) - 2nd degree
  8. Gang assault - 2nd degree
  9. Robbery - 2nd degree
Class C Nonviolent Felony
These felony criminal offenses are punishable by a probation of a minimum of one years to a maximum of fifteen years.
  1. Arson - 3nd degree
  2. Receiving a bribe - 2nd degree
  3. Bribery - 2nd degree
  4. Computer tampering - 1st degree
  5. Criminal diversion of prescription medications - 1st degree
  6. Criminal facilitation - 2nd degree
  7. Criminal possession of controlled substance(s) - 4th degree
  8. Criminal possession of forged instrument - 1st degree
  9. Criminal possession of marijuana - 1st degree
  10. Criminal possession of public benefit card - 1st degree
  11. Criminal possession of stolen goods and/or property - 2nd degree
  12. Criminal sale of firearm(s) to minor
  13. Criminal sale of prescription controlled substance(s)
  14. Criminal solicitation
  15. Manslaughter - 2nd degree
  16. Use of child in sexual performance
  17. Vehicular manslaughter - 1st degree
Class D Violent Felony
These felony criminal offenses are punishable by prison sentence of a minimum of two to a maximum of seven years imprisonment.

  1. Abortion - 1st degree
  2. Aggravated assault - 3rd degree
  3. Assault - 2nd degree
  4. Any course of sexual conduct with a child - 2nd degree
  5. Criminal possession of weapon(s) - 3rd degree
  6. Criminal sale of firearm(s) - 3rd degree
  7. Intimidation of witness - 2nd degree
  8. Sexual abuse - 1st degree
Class D Nonviolent Felony
These felony criminal offenses are punishable by probation of a minimum of one years to a maximum of seven years.
  1. Auto stripping - 1st degree
  2. Conspiracy - 3rd
  3. Computer tampering - 2nd degree
  4. Escape - 1st degree
  5. Sports bribery
  6. Vehicular assault - 1st degree
Class E Felonies
These felony criminal offenses regardless to whether they are violent or nonviolent are punishable by probation of a minimum of one year to four years.
  1. Abandonment of child
  2. Abortion - 2nd degree
  3. Bail jumping
  4. Criminal anarchy
  5. Computer tresspass
  6. Criminal mischief - 4th degree
Expungement
Any individual has the right to file petition with the court for expungement five years following the completition of sentence unless convicted of murder. This petition does not guarantee expungement.

See also:
New York Gun Laws
New York Divorce
New York Bankruptcy
New York Misdemeanor External link (opens in new window)
New York Expungement External link (opens in new window)

Hello, I was convicted of theft of mail in 2004. Saw my lawyer once and was assigned another lawyer who went out on maturnity leave. I did not have money for a paid lawyer. They asked me not to contact anyone it will be alright. no jail time a crazy restitition 160,000. I tired to go to trail. I was constantly told not to go to trail because you will not go to jail. I beleived and now I have a felony and cannot find a good job. I want to apply for jobs and go back to school for medical and I was told I woud be wasting my time. Please help me

Like this comment? [yes] [no]   (Score: 1 yes, 0 no)
Permanent Link
toonie
Tuesday, May 8, 2012

I have a 17 Yr. old niece that has been arrested and charged with 1st degree burglary, criminal use of a firearm and grand larceny all in the 1st degree. What kind of jail time could she be loooking at?

Like this comment? [yes] [no]   (Score: 0 yes, 0 no)
Permanent Link
Mary Ann
Wednesday, March 21, 2012

Hi My name is Mike Brewer, I have written a book titled Thinking Outside the Blox. This book is a step by step guide teaching felons and those who risk becoming felons 22 small low cost options such as becoming a mold inspector or a lead paint inspector. These businesses can be started in a few day for a small investment. Jobs are hard to come by even for those without a felony conviction. I have outlined businesses such as becoming a pilot/flag car business owner as well as many other businesses.
please visit us at www.thinkingoutsidetheblox.com to purchase the book. Thank you

Like this comment? [yes] [no]   (Score: 0 yes, 0 no)
Permanent Link
m brewer
Wednesday, February 22, 2012

Is there some sort of law that pertains to if u get two felonies within ten years? Also.... Once sentenced..... Can u legally b resentenced for same crime your serving time for if it's later discovered you did have a past felony within 10 years or for whatever reason?

Like this comment? [yes] [no]   (Score: 0 yes, 0 no)
Permanent Link
Angela Wilson
Wednesday, February 15, 2012

I am a Canadian citizen--arrested charged and pled ''No Contest'' to the charge of Mail Fraud 27 years ago in Buffal New York. The sentence was $1000 fine and 2 yrs Probation. As part of the "plea barganing'' it was agreed that I would not be ''Excluded'' from entering the USA. On occasions I have visited for vacation purposes and to visit family in the USA with no problems at the USA borders. Now that I am 60 I would dearly love to live and invest in a business in the USA and to be closer to my only family members living there.But to apply as an INVESTOR STATUS--there is that Question''Have you ever been......."
A friend has suggested EXPUNGEMENT of CRIMINAL RECORDS as a possibilty.WITHOUT losing my ''Non-Excluded'' Classification would you recommend that I proceed to use your Company's services for which I am ready toay for and would be most grateful

Thank you Kevin

Like this comment? [yes] [no]   (Score: 0 yes, 0 no)
Permanent Link
Kevin
Friday, December 9, 2011

I am looking for felony assessment amounts from lowest to highest. Can you help.

Like this comment? [yes] [no]   (Score: 0 yes, 1 no)
Permanent Link
Rosa Hallenbeck
Friday, April 22, 2011

i have been on probation 5years the jugde ordered me too pay 150.00 a month too payoff 18,0000 i have a little over 9000 left i have 5 months left of probation well now they are talking on violating me when i havce done everything by the book made all payments reported never got in any trouble being on probation what could happe\n if i dont have this paid off by the time im done on probation?

Like this comment? [yes] [no]   (Score: 1 yes, 1 no)
Permanent Link
lissa
Wednesday, February 16, 2011