Sentencing Guideline for Non-Drug Felonies

A felony is the most serious crime you can commit under the New York State Penal Law. In fact, a felony conviction may not only result in a state prison sentence, but your supervision may extend beyond your time in prison. Moreover, once you are out, certain rights that you took for granted may no longer be available to you.

The following felony sentencing chart includes minimum and maximum sentences for felony offenses beginning with the least severe “E” felonies to the most significant “A” felonies. It is important to note that sentences for non-violent crimes are indeterminate, meaning, the sentence falls within a range of time. Violent crimes, however, are determinate. This means that your sentence will be a definite single term and not a range.

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“E” Non-Violent Felony

• Non Predicate Felon: Sentence ranges from no incarceration up to 1 1/3 to 4 years state prison.
• Predicate Felon: Sentence ranges from a minimum of 1 1/2 to 3 years up to a maximum of 2 to 4 years state prison.

“E” Violent Felony

• Non Predicate Felon: 1 1/2 to 4 years state prison.
• Predicate Felon: 2 to 4 years state prison.
• Violent Predicate Felon: 3 to 4 years state prison.

“D” Non-Violent Felony

• Non Predicate Felon: Sentence ranges from no incarceration up to 2 1/3 to 7 years state prison.
• Predicate Felon: Sentence ranges from no 2 to 4 years up to 3 1/2 to 7 years state prison.

“D” Violent Felony

• Non Predicate Felon: 2 to 7 years state prison.
• Predicate Felon: 3 to 7 years state prison.
• Violent Predicate Felon: 5 to 7 years state prison.

“C” Non-Violent Felony

• Non Predicate Felon: Sentence ranges from no incarceration up to 5 to 15 years state prison.
• Predicate Felon: Sentence ranges from no 3 to 6 years up to 7 1/2 to 15 years state prison.

“C” Violent Felony

• Non Predicate Felon: 3 1/2 to 15 years state prison.
• Predicate Felon: 5 to 15 years state prison.
• Violent Predicate Felon: 7 to 15 years state prison.

“B” Non-Violent Felony

• Non Predicate Felon: Sentence ranges from 1 to 3 years up to 8 1/3 to 25 years state prison.
• Predicate Felon: Sentence ranges from no 4 1/2 to 9 years up to 12 1/2 to 25 years state prison.

“B” Violent Felony

• Non Predicate Felon: 5 to 25 years state prison.
• Predicate Felon: 8 to 25 years state prison.
• Violent Predicate Felon: 10 to 25 years state prison.

“A” Felony

• The potential determinate sentence is 15 years to 25 years as well as the possibility of life in state prison. Currently, New York State does not have the death penalty.