What Is a Felony?

Discover what constitutes a felony in NY with insights from Richard Hochhauser, DWI & Criminal Lawyer. Learn about different felony classes, potential penalties, and how our experienced team can help.

What You Need to Know About New York Felony Crimes

A felony in New York is any crime that carries a potential prison sentence of more than a year. This includes serious offenses like murder, kidnapping, and major drug crimes. Understanding the difference between a felony offense and other types of crimes is crucial because the consequences are much more severe and can impact your life for years.

At Richard Hochhauser, DWI & Criminal Lawyer, we defend those accused of felonies in New York. Our goal is to help you navigate these complexities, ensuring you’re fully aware of your rights and options. Rely on our dedicated legal team to guide you through this challenging time. Contact us today for a consultation, and let us provide the strong defense you need.

Definition of a Felony in NY Law

A felony in New York is a serious crime that is punishable by more than one year in prison. These offenses often involve violence or significant harm to people or property. Examples include murder, arson, and certain drug crimes.

Felonies are classified from Class A-I, which are the most severe, to Class E, which are less severe.

• Class A-I: First-degree murder, first-degree kidnapping
• Class A-II: Predatory sexual assault, second-degree narcotics possession
• Class B-E: Varying degrees of other serious crimes

Felonies differ from misdemeanors and violations. Misdemeanors are less serious and typically punishable by up to one year in jail. Violations are even less severe and may result in fines or less than 15 days in jail.

Driving While Intoxicated (DWI), for example, is usually a misdemeanor but can be a felony if it includes aggravating factors such as prior offenses or causing serious injury. Felony DWI charges carry heavier penalties and longer prison terms.

New York courts handle thousands of criminal cases annually, including felonies, misdemeanors, and violations. Understanding the differences between these types of criminal cases is crucial for navigating the legal system.

Anyone facing a felony charge must seek legal advice to understand their rights and potential consequences. A felony conviction can have long-term impacts on one’s life, including difficulty finding employment and housing.

Classes of Felonies in NY

In New York, felonies are categorized into five classes: Class A, B, C, D, and E, each representing a different level of severity and carrying specific penalties. They are also classified as violent or non-violent felonies, which significantly influences sentencing, parole eligibility, and post-conviction rights.

Class A Felonies

Class A felonies are the most serious, often involving violent crimes such as first-degree murder and first-degree arson. These offenses typically carry severe penalties, including life imprisonment without parole. The long-term consequences of a Class A felony conviction are substantial, affecting various aspects of life, such as employment and civil rights.

Class B Felonies

Class B felonies include both violent and non-violent offenses. A Class B violent felony, such as first-degree robbery or first-degree manslaughter, can result in sentences ranging from 5 to 25 years in prison. Non-violent Class B felonies, like certain drug offenses, including criminal possession of a controlled substance in the first degree, also carry serious penalties but may result in lighter sentences. Regardless of the classification, a conviction for a Class B felony has significant legal and personal consequences.

Class C Felonies

Class C felonies encompass crimes like second-degree robbery (violent felony) and second-degree burglary (which can be either violent or non-violent, depending on circumstances). Penalties typically range from 3.5 to 15 years in prison. A conviction for a Class C felony, particularly if it’s a violent felony, can result in long-term difficulties in securing employment and housing.

Class D Felonies

Class D felony offenses may include third-degree robbery or third-degree conspiracy. Penalties range from 2 to 7 years in prison. Although these penalties are less severe compared to higher-class felonies, a conviction can still lead to significant social and economic challenges.

Class E Felonies

Class E felonies are the least severe, often involving non-violent offenses like criminally negligent homicide and first-degree degree falsifying business records. Penalties usually range from 1.5 to 4 years in prison. While less severe, a conviction still carries long-term consequences, including a permanent criminal record.

Sentencing Guidelines for Felony

New York’s sentencing guidelines for felonies are structured to provide judges with a framework for determining the appropriate sentence based on the specific circumstances of each case. The exact sentence for a felony depends on various factors, including the nature of the offense, statutory minimums and maximums, and any sentencing enhancements that may apply. Judges follow these guidelines to ensure consistency while also considering the individual aspects of each case.

Mitigating factors can lead to more lenient sentences. These include circumstances like the defendant’s lack of a prior criminal record, evidence of remorse, minor involvement in the crime, or mental health issues that contributed to the offense. For instance, a first-time offender who played a minimal role in a non-violent crime might receive probation or a reduced prison term instead of the maximum sentence.

Conversely, aggravating factors can result in harsher penalties. These include prior convictions, especially for similar offenses, the use of a weapon, causing harm to a victim, or committing the crime in a particularly cruel or premeditated manner. In such cases, the court may impose the maximum sentence allowed by law or even apply consecutive sentences for multiple charges.

Understanding how these factors influence sentencing is critical for anyone involved in a felony case. An experienced attorney can help navigate these complexities, arguing for mitigation and challenging any aggravating factors to secure the most favorable outcome possible.

Book a Consultation With Us Today to Discuss Your Felony Defense

Felony charges are serious, and having strong legal representation is essential. With potential sentences of more than a year in prison, it’s critical to build a solid defense. We understand the complexities of felony cases and are ready to help you navigate the legal system.

Why choose us?

• Experienced attorneys: Our team has extensive experience in handling felony cases.
• Former prosecutor insight: With former prosecutors on our team, we bring valuable insight into how the other side thinks and operates, giving you a strategic advantage.
• Personalized approach: We tailor our strategies to fit the unique aspects of your case.
• Transparent fees: We discuss our charges upfront, whether it’s a flat rate or an hourly fee.

Booking a consultation with our firm is a step towards protecting your future. At Richard Hochhauser, DWI & Criminal Lawyer, we are dedicated to fighting for your rights and providing the best possible defense. Contact us today to schedule your consultation and get started on your defense.

Defend Your Future Now: Schedule a Free Consultation

Facing criminal charges in Nassau County requires experienced legal representation to protect your rights and secure the best possible outcome. Don’t navigate the complexities of the legal system alone. Your future is too important to leave to chance—Contact Hochhauser Criminal & DWI Defense today to schedule a free consultation and receive diligent criminal defense representation.

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