Long Island Serious Felonies Lawyer

While criminal charges and sentencing is itself a highly complex area of the law that looks at many factors in a given case, in general terms, the more serious the felony, the more serious the potential sentence. Here is how New York’s felony classification system breaks down explained by our serious felony criminal defense team:

• Class A Felonies: These are serious felonies that carry the possibility of a life sentence. The Penal Law further subdivides Class A felonies into Class A-I and Class A-II. Class A-1 felonies include murder in the first degree, murder in the second degree, arson in the first degree, kidnapping in the first degree, and terrorism. Class A-II felonies include predatory sexual assault, criminal use of a chemical or biological weapon, and criminal possession or sale of a controlled substance in the second degree. In terms of sentencing, Class A-I felonies carry a minimum prison term of 15 to 25 years in most cases, while Class A-II felonies carry between 3 years and 8 years and 5 months in most cases.
• Class B Felonies: These are felonies that carry a maximum sentence of 25 years in prison in most cases. Serious Class B felonies include any attempt to commit a Class A-I felony, manslaughter, rape, robbery in the first degree, aggravated vehicular homicide, grand larceny in the first degree, welfare fraud in the first degree, witness tampering, criminal possession or sale of a controlled substance in the third degree, promoting prostitution in the first degree, and money laundering.
• Class C Felonies: These are felonies that carry a maximum sentence of 15 years in prison in most cases. Some examples include any attempt to commit a Class B felony, burglary or robbery in the second degree, criminal use or sale of a firearm in the second degree, criminal solicitation in the first degree, welfare fraud in the second degree, insurance fraud in the first degree, and forgery in the first degree.
• Class D Felonies: These are felonies that carry a maximum sentence of 7 years in prison in most cases. Some examples include assault in the second degree, menacing law enforcement officers, stalking in the first degree, sexual abuse in the first degree, labor trafficking, unauthorized use of a vehicle in the first degree, and criminal possession of stolen property in the third degree.
• Class E Felonies: These are felonies that carry a maximum sentence of 4 years in prison in most cases. Some examples include persistent sexual abuse, falsely reporting an incident in the first degree, stalking in the second degree, luring a child, and custodial interference in the first degree.

One thing to keep in mind about serious felonies in New York is that the maximum penalties for criminal cases can escalate based on a defendant’s prior record. For example, if you have a previous conviction for a violent felony or used a gun in the commission of a serious felony, a judge can impose a significantly harsher sentence following a conviction. On the other hand, it is often possible to plea bargain a serious felony charge down to a lower class of felony with criminal defense lawyers–or even a misdemeanor–which can significantly reduce the severity of a sentence set by the district attorney’s office.