Understanding The Classifications Of New York Felony Crimes
By virtue of their unique backgrounds and perspectives, our firm is better able to help you understand what prosecutors are thinking, what you can expect throughout the process, what your best defenses are, and what your options are in your best interests. If you are charged with a felony offense, you should not take your situation lightly. Depending on the nature of your offense, you could be facing time in jail or prison, in addition to a variety of other criminal and civil penalties.
New York felonies fall into five general categories (A-I & II, B, C, D, and E):
- Class E - Referred to as “non-violent” felonies – are the lowest such charge in New York. Though serious, extreme punishment does not accompany Class E felonies. For example, a DWI or DUI is charged as an E felony when you have one prior DWI conviction within the last 10 years. Others include grand larceny (theft) in the fourth degree, assault in the second-degree, criminal possession of a firearm, and vehicular assault in the second degree. A Class E felony can carry incarceration of up to four years.
- Class D - These felonies are a bit more serious; however, most Class D felonies are still considered non-violent offenses. D felonies include grand larceny in the third-degree, certain frauds, robbery in the third-degree and burglary in the third-degree. A Class D felony can carry up to seven years in prison per offense. Often, more serious violent felonies can be reduced to a D non-violent felony.
- Class C - This classification of felonies can include more serious assaults, frauds, and violent thefts, robbery, and distribution of some types of drugs. Conviction of a Class C felony can carry high fines and a prison sentence of up to 15 years. Many C felonies are considered violent, which enhances the possible sentence.
- Class B - Class B felonies are very serious. They include homicide, armed robbery, many serious sex-related offenses and several drug distribution and trafficking charges. Sentences vary, depending on the charge, but Class B felony prison sentences can be as high as 25 years. Lower (Class D or C) felonies can become Class B charges if a violent assault was also committed.
- Class A - Class A felonies (both A-I and A-II) are the worst crimes under New York Penal Law. They include all forms of murder, enterprise corruption, major drug trafficking, and serious forms of sexual predation. Since the death penalty was abolished in 2007, a Class A felony can carry up to a life sentence, often without any possibility of parole.
Your Rights During a Felony Charge
Facing a felony charge can be overwhelming, but understanding your rights is crucial to navigating the legal system effectively. At Riebling & Payton, PLLC, we believe that informed clients are empowered clients. Here’s what you need to know:
- The Right to Remain Silent: You are not obligated to speak to law enforcement without your attorney present. Exercising this right can prevent self-incrimination.
- The Right to Legal Counsel: You have the right to an attorney at every stage of the criminal process. Our experienced team is here to provide the guidance you need.
- The Right to a Fair Trial: Every defendant is entitled to a fair trial by an impartial jury. We work diligently to ensure your rights are protected throughout this process.
- The Right to Challenge Evidence: You can contest any evidence or testimony presented against you. Our attorneys will scrutinize every detail to build a strong defense.
Understanding these rights can significantly impact the outcome of your case. Our dedicated team at Riebling & Payton, PLLC, is committed to ensuring that you are fully aware of your rights and options. Contact us today to discuss your case and take the first step toward a robust defense.
We aggressively pursue reduction of charges or complete dismissal in every felony case we handle. If you or a loved one has been accused, charged or arrested for any felony, Riebling & Payton, PLLC is prepared to help. Arrange a consultation today by contacting us online or calling us at (914) 712-6878.
