New York Felony

In the state of New York, felonies are classified as classes A1, A2, B, C, D and E. Each class of felony is classified as a violent or nonviolent crime with class A1 and class A2 being the most serious of crimes. The following are these classes of felonies including punishment for each class:

Class A1 Violent Felony

These felony criminal offenses are punishable by a prison sentence of a minimum of twenty years to a maximum of life imprisonment.

1. Murder – 1st and 2nd degree
2. Conspiracy – 1st degree
3. Arson – 1st degree
4. Kidnapping – 1st degree
5. Criminal sale of controlled substance(s) – 1st degree
6. Criminal possession of controlled substance(s) – 1st degree

Class A2 Nonviolent Felony

These felony criminal offenses are punishable by a prison sentence of a minimum of twenty years to a maximum of life imprisonment.

1. Criminal sale of controlled substance(s) – 2nd degree
2. Criminal possession of controlled substance(s) – 2nd degree

Class B Violent Felony

These felony criminal offenses are punishable by a prison sentence of a minimum of five years to a maximum of twenty-five years imprisonment.

1. Aggravated assault of a police officer
2. Aggravated assault by a police officer
3. Aggravated sexual abuse – 1st degree
4. Arson – 2nd degree
5. Assault – 1st degree
6. Burglary – 1st degree
7. Any course of sexual conduct against a child -1st degree
8. Criminal possession of weapon(s) – 1st degree
9. Criminal sale of firearm(s) – 1st degree
10. Criminal use of firearm(s) – 1st degree
11. Gang assault – 1st degree
12. Intimidation of victim and/or witness – 1st degree
13. Kidnapping – 2nd degree
14. Manslaughter – 1st degree
15. Rape – 1st degree
16. Robbery -1st degree
17. Sodomy – 1st degree

Class B Nonviolent Felony

These felony criminal offenses are punishable by prison sentence of a minimum of one year and a maximum of twenty-five years imprisonment.

1. Aggravated insurance fraud
2. Receiving a bribe – 1st degree
3. Bribery – 1st degree
4. Conspiracy – 2nd degree
5. Criminal facilitation – 1st degree
6. Criminal mischief – 1st degree
7. Criminal possession of controlled substance(s) – 3rd degree
8. Criminal sale of controlled sustance(s) on school property
9. Criminal sale of controlled substance(s) – 3rd degree
10. Grand larceny – 1st degree
11. Insurance fraud – 1st degree
12. Promotion of prostitution – 1st degree
13. Tampering with a witness – 1st degree
14. Welfare fraud – 1st degree

Class C Violent Felony

These felony criminal offenses are punishable by a prison sentence of a minimum of three years and six months to a maximum of five years and six months imprisonment.

1. Aggravated sexual abuse – 2nd degree
2. Assault of an officer
3. Burglary – 2nd
4. Criminal possession of weapon(s) – 2nd degree
5. Criminal sale of firearm(s) – 2nd
6. Criminal sale of firearm(s) with aid of minor(s)
7. Criminal use of firearm(s) – 2nd degree
8. Gang assault – 2nd degree
9. Robbery – 2nd degree

Class C Nonviolent Felony

These felony criminal offenses are punishable by a probation of a minimum of one years to a maximum of fifteen years.

1. Arson – 3nd degree
2. Receiving a bribe – 2nd degree
3. Bribery – 2nd degree
4. Computer tampering – 1st degree
5. Criminal diversion of prescription medications – 1st degree
6. Criminal facilitation – 2nd degree
7. Criminal possession of controlled substance(s) – 4th degree
8. Criminal possession of forged instrument – 1st degree
9. Criminal possession of marijuana – 1st degree
10. Criminal possession of public benefit card – 1st degree
11. Criminal possession of stolen goods and/or property – 2nd degree
12. Criminal sale of firearm(s) to minor
13. Criminal sale of prescription controlled substance(s)
14. Criminal solicitation
15. Manslaughter – 2nd degree
16. Use of child in sexual performance
17. Vehicular manslaughter – 1st degree

Class D Violent Felony

These felony criminal offenses are punishable by prison sentence of a minimum of two to a maximum of seven years imprisonment.

1. Abortion – 1st degree
2. Aggravated assault – 3rd degree
3. Assault – 2nd degree
4. Any course of sexual conduct with a child – 2nd degree
5. Criminal possession of weapon(s) – 3rd degree
6. Criminal sale of firearm(s) – 3rd degree
7. Intimidation of witness – 2nd degree
8. Sexual abuse – 1st degree

Class D Nonviolent Felony

These felony criminal offenses are punishable by probation of a minimum of one years to a maximum of seven years.

1. Auto stripping – 1st degree
2. Conspiracy – 3rd
3. Computer tampering – 2nd degree
4. Escape – 1st degree
5. Sports bribery
6. Vehicular assault – 1st degree

Class E Felonies

These felony criminal offenses regardless to whether they are violent or nonviolent are punishable by probation of a minimum of one year to four years.

1. Abandonment of child
2. Abortion – 2nd degree
3. Bail jumping
4. Criminal anarchy
5. Computer tresspass
6. Criminal mischief – 4th degree

Expungement

Any individual has the right to file petition with the court for expungement five years following the completition of sentence unless convicted of murder. This petition does not guarantee expungement.