Felony Convictions

There are few things as stressful as getting charged with a felony. In New York and New Jersey, felonies are highly serious crimes that come with a multitude of consequences. For example, if you are convicted of a felony, you may no longer vote, sit on a jury, obtain a firearm, or use welfare. Additionally, many companies are in the practice of performing extensive background checks before they take on new employees and a felony conviction may hamper your changes of obtaining jobs in certain fields.

In New York there are five classes of felonies, ranging from A-E. There are hundreds of crimes that fit into each class, but I've put together a quick guide to what crimes correlate to each class of felonies.

Class A is the most seriously class of felonies.
Class A Felonies include: murder, treason, arson, kidnapping (all in the first degrees)
Violent Felony Sentence: Life, 20-25 years

Class B Felonies include: Aggravated Assault of a Police Officer, Burglary 1, Criminal Possession of a Weapon 1, Rape 1, Bribery 1, Grand Larceny 1, Insurance Fraud 1
Violent Felony Sentence: 5-25 years
Non Violent Felony Sentence: 1-3, max 25 years

Class C Felonies include: Aggravated Sexual Abuse 2, Burglary 2, Robbery 2, Bribery 2, Manslaughter 2, Vehicle Manslaughter 2
Violent Felony Sentence: 3.5-15 years
Non Violent Felony Sentence: probation, 1-15 years


Class D Felonies include: Assault 2, Criminal Sale of a Firearm 3, Sexual Abuse 1, Bail jumping 1, Criminal Sale of Marijuana 2, Stalking 1
Violent Felony Sentence: 2-7 years
Non Violent Felony Sentence: probation, 1-7 years

Class E Felonies include: Abandonment of a Child, Arson 4, Defrauding the government, Stalking 2, Computer Tampering 2, Criminally Negligent Homicide
Violent Felony: Probation, 1.5-4 years
Non Violent Felony: Probation, 1-4 years

Please remember that this information is taken from New York Penal Law Article 70, Sentences of Imprisonment. It does not mean that you can calculate your prison or probation time from this guide. You can receive jail time for Class C, D, and E felonies, however, jail time isn't mandatory like it is with Class A and B felonies. Prior Convictions often have a big impact on sentencing.

If you have been convicted of a felony, you should hire an attorney as soon as possible. An experienced attorney will be able to give you a more accurate estimate of what your sentencing will be. They can also advise and guide you through the process. If you are in need of a Criminal Defense attorney, you can call my office at 718-317-5007 or contact me at www.kmckernanlaw.com

Aggravated Assault Becomes Class "E" Felony

A law concerning aggravated assault was recently amended by Governor Cuomo. Penal Law 120.12 originally made it a Class E felony for a defendant who was 18 years or older to have committed assault in the third degree against a child if the defendant had been previously convicted of such a crime within the past three years. Governor Cuomo has signed an amendment into law that mandates that the look back period be extended to ten years instead of just three. This means more offenders who commit assault on a child can be prosecuted.

In New York, there are five types, or classes, of felonies. A Class E Felony is the lowest category, associated with the shortest jail sentences. However, being convicted of a felony is considered much more serious than being convicted of a misdemeanor or violation. Felonies are associated with longer jail time and limitation of your employment prospects. Felony sentences can be particularly harsh if you are a multiple time offender like those who will be affected by Governor Cuomo's amendment.

If you are charged with a felony, you should absolutely contact an attorney. An attorney can advise you of your options and work with the court for a lesser sentencing. If you are in need of an attorney, please contact my office at 718-317-5007.

- Kevin P. McKernan