New York Felony Crimes: FAQ

Felonies in NY are categorized as A-I, A-II, B, C, D or E. These levels are further broken down as either a Violent Felony, a Drug-related felony, or a Non-Violent/Non-drug felony. The potential penalties for a felony conviction also depend on a person's criminal background – whether they are a Predicate Felon, a Violent Predicate Felon, a Discretionary Persistent Felon or a Persistent Violent Felon.

In New York, the potential sentence for a felony conviction depends on the level of the felony. Felonies in NY are categorized as A-I, A-II, B, C, D or E. These levels are further broken down as either a Violent Felony, a Drug-related felony, or a Non-Violent/Non-drug felony. The potential penalties for a felony conviction in New York State also depend on a person's criminal background – whether they are a Predicate Felon, a Violent Predicate Felon, a Discretionary Persistent Felon or a Persistent Violent Felon. Depending on all these factors, sentencing can include essentially no jail time whatsoever, probation, fines, orders of protection, time in local jail, drug treatment, and state prison sentences which can include sentences that have a maximum of life in state prison.

In New York, the longest possible prison sentence and years in jail is life in prison without the possibility of parole. Other particularly long prison sentences that are possible are 40 years to life, and 25 years to life. Depending on the offense and the person's criminal history, a short period of time in local jail is also possible, such as 30 days or even “time served” which essentially means no additional jail time other than the time the person spent in jail immediately after being arrested. See above for the penalties and potential sentences.

In New York, felonies are generally crimes punishable by a year or more in state's prison. This includes crimes that have no mandatory prison sentence, such as E felonies, all the way up to A-I and A-II felonies that come with potential life sentences in prison. Misdemeanors are crimes that are punishable by no more than one year in local jail, such as A misdemeanors, as well as B misdemeanors that have a maximum sentence of 90 days in jail.