Thursday, January 30, 2014
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
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