New York Felony Charges

New York State Felony Charges

Any felony charge, regardless of class, should be taken extremely seriously and be handled by a seasoned criminal defense attorney. A felony conviction will impact your life, long after your sentence is complete. In New York State, a felony conviction can mean losing the right to vote while incarcerated for that felony, losing the right to purchase or possess firearms, and facing barriers to some professional licenses.

Although there are never any guarantees a criminal defense attorney gives you the best chance to dismiss charges, plea to lesser charges, reduce charges to a misdemeanor and minimize the penalties. Criminal defense attorney Andrew DeLuca has in-depth experience in the courts of Saratoga County, and the greater NY Capital Region. Felony charges are complex and necessitate an experienced attorney who can effectively navigate the legal system.

Have you been charged with a felony?

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Call Attorney Andrew DeLuca today for a free consultation.

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New York State Class C Violent Felony

Although Class C Felonies may seem less grave, a Class C conviction can still mean years in state prison, and a person with a prior felony conviction faces higher mandatory ranges as a second felony offender. Class C violent felonies carry a determinate prison term of 3.5 to 15 years. Criminal possession of a weapon in the second degree, assault on a police officer or judge, and aggravated sexual abuse in the second degree are Class C violent felonies.

Class C Non Violent Felony

Class C Non Violent Felonies range from no jail time with probation up to a 15 year prison sentence. Manslaughter in the 2nd degree, welfare fraud in the 2nd degree, health care fraud in the 2nd degree, criminal possession of a controlled substance in the 4th degree are some examples of Class C Non Violent Felonies. Class C drug felonies such as criminal possession of a controlled substance in the 4th degree have a separate range, up to 5.5 years for a first offense.

New York State Class D Violent Felony

Class D Violent Felony charges consist of assault in the second degree, strangulation in the second degree, sexual abuse in the first degree, stalking in the first degree involving physical injury, and menacing a police or peace officer, among other charges. If a state prison sentence is imposed, it is a determinate term of 2 to 7 years (2 to 8 for menacing a police officer). Assault 2nd and strangulation 2nd require a jail or prison sentence; for some other Class D violent felonies, probation is possible.

Class D Non Violent Felony

Class D Non Violent Felony charges range from probation to a 7 year sentence. Burglary in the third degree, criminal mischief in the second degree, computer tampering in the second degree and grand larceny in the third degree are some charges that fit into the category of class D Non Violent Felonies.

New York State Class E Violent Felony

If a state prison sentence is imposed for a Class E violent felony, it is a determinate term of 1.5 to 4 years. Depending on the offense and the person’s record, the court may also have the option of probation or a local jail sentence of up to one year. The result of any felony conviction should be handled with the utmost seriousness as it can lead to a loss of rights.

Class E Violent Felonies include persistent sexual abuse, placing a false bomb or hazardous substance in the second degree, and attempted criminal possession of a weapon in the third degree (certain subdivisions).

Class E Non Violent Felony

Class E Non Violent Felonies range from probation up to 4 years in prison. Examples of New York State Class E Non Violent Felonies are criminal solicitation in the 3rd degree, stalking in the 2nd degree, rape in the 3rd degree, felony DWI, custodial interference in the 1st degree, criminal mischief in the 3rd degree, welfare fraud in the 4th degree, and falsifying business records in the 1st degree.

Criminal Defense Attorney for Felony Charges

Hiring a competent defense attorney is extremely important in order to defend against these charges. Even a Class E Felony conviction can later complicate every aspect of your life from renting an apartment, finding a job, government benefits or even opening a bank account. Criminal Defense Attorney Andrew DeLuca builds the defense from the discovery, the witness statements, and the legality of the search or arrest.

If you are already on probation for a felony and facing a new problem, a missed test, a new arrest, a violation notice, that is its own proceeding with its own rules. See how probation violations work in New York and why they are more dangerous than most people expect.

Capital Region Criminal Defense Lawyer

Felony cases are indicted by a grand jury and tried in county court: Ballston Spa for Saratoga County, Fonda for Montgomery County, and the county seats of Warren, Washington, and Fulton Counties. If you have been charged with a felony anywhere in this area, contact Mr. DeLuca today for a free consultation by calling 518-245-9109 or filling out the form below.