In most states, including New York, criminal offenses are categorized into two categories: misdemeanors and felony offenses. Felonies tend to be more serious than misdemeanors.
A felony conviction usually carries harsher penalties and long-lasting consequences, including a permanent criminal record. If you are charged with a felony, you should call a criminal defense attorney to defend you.
What Types Of Charges Are Felonies?
In New York, felonies are classified by letter A through E. Class A felonies are the most serious, and Class E felonies are the least serious. However, severity is relative, and you should take all felonies seriously.
Some examples of felonies in New York are:
- Murder
- Kidnapping
- Sexual assault
- Robbery
- Burglary
- Forgery
- Rape
- Certain drug offenses
The penalties for these felonies vary depending on the charge and classification.
What Is The Difference Between A Misdemeanor And A Felony?
The biggest difference between a misdemeanor and a felony offense is the consequence. In New York, misdemeanors carry a maximum of 1 year in jail for the most serious offenses. On the other hand, felonies can carry up to life in prison.
Furthermore, felony convictions have more severe collateral consequences than misdemeanors. A conviction often results in the loss of certain rights and significant disenfranchisement. Both can result in a permanent criminal record, but misdemeanor records are more likely to be sealed.
What Are The Penalties For A Felony Conviction?
In New York, the penalty depends on the classification of the felony and the specifics of the case. If there are aggravating factors or it is a violent felony, a penalty can be more severe. Some of the consequences can include:
- Fines
- A prison sentence
- Probation after release
- Community service
- Restitution
- Substance abuse or mental health treatment
New York judges consider a presentence report when sentencing a defendant. The report is meant to make the sentencing process fairer. It gives the judge relevant information about the defendant, including prior criminal and social history.
Class A Felonies
Class A felonies are further divided into A-I and A-II felonies. The penalty for A-I is 15-40 years in prison with the possibility of life. The penalty for A-II felonies is a minimum of 3-8 years in prison and a maximum of 10 years.
Class B Felonies
Class B felonies carry a range of 1-25 years in prison, and this applies to both violent and nonviolent offenses.
Class C Felonies
Violent class C felonies range from 3.5-15 years in prison, while non-violent felonies range from no jail time to 15 years.
Class D Felonies
Class D felonies carry 0-7 years for non-violent offenses and 2-7 years for violent felonies.
Class E Felonies
Class E felonies are the least severe and range from 1.5-4 years in prison for violent charges and 0-4 years for non-violent charges.
Collateral Consequences Of A Felony Conviction
For many people, the collateral consequences of a felony conviction are more significant than a prison sentence. Collateral consequences are non-court-ordered penalties. These penalties are often social and result from having a felony criminal record.
Some examples of collateral consequences of a felony conviction include:
- Permanent criminal record
- Loss of the right to vote
- Loss of some professional licenses
- Difficulty finding housing
- Fewer employment opportunities
- Disqualification from government benefits
- Social stigma and isolation
- Loss of the right to own or possess a gun
- Deportation or loss of visa
An experienced criminal defense attorney will discuss the potential collateral consequences of a conviction with you throughout your case. You must understand the consequences, especially if you are considering accepting a felony plea deal. If you know what you may face upon release from prison, you can better prepare for the future.
Are There Defenses To Felony Charges?
You can defend yourself if you are charged with a felony. The available defenses depend upon the charges and the facts of the case. Examples of felony defenses are:
- Self-defense
- Entrapment
- Insufficient evidence
- Alibi
- Mistaken identity
- Consent
- Necessity
- Insanity
You could also have procedural defenses or defenses based on constitutional violations. This means the case may be reduced or dismissed because the police or prosecutor made a mistake. In some cases, the prosecutor may be barred from entering certain evidence obtained illegally.
Contact a Middletown Criminal Defense Lawyer To Schedule A Free Consultation
If you are facing a felony charge, Larkin Ingrassia Criminal Defense Attorneys is here to help. Our Middletown criminal defense attorneys can help you identify the best defenses and build a strong case. Call us at (845) 566-5345 to schedule a free consultation.