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 cost you rights such as the ability to vote, eligibility for welfare and other government benefits, the right to purchase firearms, and the ability to obtain certain 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.
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Felony Classes
In New York, felonies are divided into five classes, which each has a maximum charge. Below is a summary of the different felony classes.
New York State Class A Violent Felony
Class A Felonies are considered the most serious, and therefore carry the toughest sentences. Class A felonies include murder, kidnapping in the first degree, crimes of terrorism, and major drug trafficking. A conviction would typically result in a life sentence.
New York State Class B Violent Felony
A Class B Violent Felony is an extremely serious charge as well, which brings about a heavy sentence of up to 25 years of incarceration upon conviction. Class B Violent Felonies include attempted murder in the 2nd degree, rape in the 1st degree, robbery in the 1st degree, among other violent crimes. These charges can allow for some plea bargaining.
Sex trafficking is also classified as a Class B Violent Felony under New York law, carrying the same up-to-25-year exposure as the other Class B violent offenses above.
Class B Non Violent Felony
NY State Class B Non Violent Felonies also carry up to a 25 year sentence as well. Some Class B Non-Violent felonies include money laundering in the 1st degree, fraud in the 1st degree and aggravated vehicular homicide.
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New York State Class C Violent Felony
Although Class C Felonies may seem less grave, if multiple charges are combined, a Class C Felony may be elevated to a Class B Felony, which will significantly increase the sentence of incarceration. Class C Felonies carry a 3 and a half to 15 year maximum sentence. Criminal possession of a weapon, assault on a police officer or judge, and aggravated sexual abuse are all considered 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.
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, and menacing a police or peace officer, among other charges. These charges range from a punishment of a 2 to 7 year prison sentence.
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 and grand larceny are some charges that fit into the category of class D Non Violent Felonies.
New York State Class E Violent Felony
Class E Violent Felonies carry a determinate sentence of 1.5 to 4 years in prison, not probation. 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 and an attempt to commit criminal possession of a weapon.
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 4th 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 can aggressively mount a defense to protect your rights.
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.
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