Felony Sentence Information
Felony Penalties
Misdemeanor Punishments

Felony Sentence Information

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Find information on felony punishments below...

Felony Sentence and Felony Penalties
A felony is an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. After a prosecutor gives opening arguments for sentencing, the court considers many factors.

Except as otherwise provided by law, New York felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:

New York Felony classification is divided into the following:

• A1 Felonies
• A2 Felonies
• B violent felonies
• B non-violent felonies
• C violent felonies
• C non-violent felonies
• D violent felonies
• D non-violent felonies
• E felonies
• A misdemeanors
• B misdemeanors
• Violations

Felony Sentence Details
Class A felonies are divided into two sub-categories: A-I and A-II felonies. Class A felonies carry the longest jail sentences and class E felonies carry the shortest jail sentences for felony cases. Jail sentences for misdemeanor and violations or infractions are even shorter.

In some cases, the Judges and prosecutors are authorized by criminal statutes to classify the offense as a felony or misdemeanor. These cases are called "wobblers" because they are decided based on:

• Injury to Victim
• Intent
• Past Criminal Record

Additional felony penalties can be imposed due to special circumstances or high-risk crimes, often called "extraordinary risk." This term implies the likelihood that the convicted felon is likely to be a repeat offender. Felony crimes of this type include any crime of violence, such as rape or sexual assault, aggravated crimes, and illegal manufacturing, sale or distribution of a controlled substance.

In addition to the possibility of being sentenced to jail time, people convicted of felony crimes lose many of their civil rights, such as:

• The right to vote
• The right to run for office
• The right to serve in the military
• Drivers license may be revoked or suspended

(special note: The only time you should plead guilty is when your criminal attorney tells you to and when you really understand why it is a good idea. Pleading nolo contendere (or no contest)to charges in many states means an admission of guilt of the crime in which you are charged. Therefore, it is very important that you consult with your attorney before pleading no contest.

How does the court determine felony sentence and misdemeanor punishments?
The courts consider the offender's criminal history in a felony sentence:

No Priors
A person qualifies for a "no priors" category of they have not had a felony conviction ever or have no felony convictions in the last ten years (the ten years does not begin until the person is released from jail on a previous conviction). This can get tricky and might require a careful analysis of dates. Youthful Offender findings do not count as prior convictions, but it is possible felony convictions in another state or federal convictions (or even international convictions)can be considered convictions in New York. There is no set rules that apply to how the courts will view non New York convictions.

Non-Violent Predicate
A person who has been convicted of a non-violent felony within the last ten years.

Violent Predicate
A person who has been convicted of a violent felony within the last ten years.

Persistent Felony Offenders
A person that has two or more felony convictions in his or her past he may be a persistent felony offender and face very serious felony penalties such as life in prison.

During the sentencing phase of a case, the court determines the appropriate penalties for the convicted defendant (misdemeanor or felony penalties). In determining a felony sentence, the court will consider a number of mitigating factors(details that call for a more lenient sentence) or aggravating factors (which require more severe punishment) that influence a judge when he or she determines what felony penalties are appropriate or how long you will be in jail.

Some factors are:

The nature and severity of your crime.
Were you the mastermind or just a helper in committing the crime?
Do you have prior criminal record or history?
Were there any outside pressures on you to commit the crime?
Was anyone hurt during the crime?
Your personal circumstances and the degree of remorse you feel.

Felony crimes are the most serious.
There are six classes of felony crimes, with class 1 being the most serious. A person convicted of a felony crime can face felony penalties and a felony sentence of more than a year in prison. Class 1 felony penalties range from a minimum life sentence to a maximum death sentence. Class 6 felony sentences start at a minimum of one year in jail. There are usually fines of $10,000 for felony sentence. Felony Classes include the following:

• Spousal Abuse or Domestic Violence
• Drug Dealing or Felony Possession
• Burglary Felony
• Grand Theft
• Kidnapping
• Arson
• Murder and Homicide
• Manslaughter (non-negligent and negligent manslaughter)
• Sex Offenses such as forcible and non-forcible rape

Keep in mind people charged with felony classes are given more protections due to the seriousness of felony penalties. As a result, felony cases can take much longer than misdemeanor cases.

Misdemeanor Punishments
Misdemeanor class crimes are more serious than petty crimes and the punishment can range from a fines or community service to up to one year in jail. Some misdemeanor crimes include:

• Vandalism
• Drunk driving
• Assault
• Bad checks (small amount)
• Shoplifting
• Battery

Keep in mind the circumstances surrounding the crime and arrest can dictate whether or not it will be a felony or misdemeanor arrest. A repeat offense, for example, may be considered a felony rather than a misdemeanor offense.

When handling felony and misdemeanor cases our law firm:

plea bargains
paying fines
restitution
drug programs
community services
suspended sentence
probation
diversion programs
other rehabilitation programs

If you want more information on felony sentence, felony penalties or misdemeanor punishments, contact our law firm.

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