New York Felony: Laws, Penalties, Sentencing, and Records

A felony in New York is simply a serious criminal offense punishable by more than one year in state prison. Felony crimes are listed as the worst crimes under New York law and carry serious consequences. Such consequences include lengthy incarceration in prison, payment of substantial fines, restrictions on civil rights, and a criminal record.

What Is Considered a Felony in New York?

Felonies in New York are defined under the New York Penal Law. The following crimes are considered examples of felonies in New York:

• Violent Crimes: Murder, manslaughter, robbery, rape, aggravated assault, and kidnapping.
• Drug Crimes: Distribution, trafficking, and possession of drugs.
• Property Crimes: Arson, burglary, auto theft, and grand larceny of property worth more than $1,000.
• White-Collar Crimes: Crimes that include fraud, embezzlement, identity theft, and large-scale forgery.
• Weapons Offenses: Trafficking and unlawful possession of a weapon.

What Is a Felony in New York?

New York law defines a felony as any crime punishable by more than a year in state prison. This crime carries serious consequences for a person convicted of a felony in New York, including:

• Prison sentences range from a year to life imprisonment.
• Fines up to $100,000 for severe felonies.
• Loss of civil rights, including the right to own firearms, the right to vote, and the right to hold public office.
• A criminal record may impact the life of a felon.

Felony Classes and Penalties in New York

New York divides felonies into five main classes, with Class A being the most severe. Within these classes, some felonies are further designated as violent or nonviolent, which significantly affects sentencing. The classes and their penalties are outlined as:

New York Felony Classes

• Class A Felony
  • Includes first-degree murder, major drug trafficking, and terrorism.
  • Penalty: Around 15–25 years to life imprisonment with or without parole.
  • Fine: Up to $100,000.
• Class B Felony
  • Includes crimes relating to manslaughter, first-degree robbery, and mid-level drug trafficking.
  • Penalty: 1 to 25 years in prison.
  • Fine: Up to $30,000.
• Class C Felony
  • Includes burglary, second-degree assault, and certain fraud cases.
  • Penalty: 1 to 15 years in prison.
  • Fine: Up to $15,000.
• Class D Felony
  • Includes fourth-degree grand larceny, lower-level drug distribution, and unlawful weapon possession.
  • Penalty: 1 to 7 years in prison.
  • Fine: Up to $5,000.
• Class E Felony
  • Includes minor fraud, some drug possession with intent, and lower-level thefts.
  • Penalty: Maximum of 4 years in prison.
  • Fine: Up to $5,000.

Violent vs. Nonviolent Felonies

Violent felonies involve the use of a weapon or instrument during a crime and attract harsher penalties. No physical weapon or instrument is used in nonviolent felonies.

Felony Sentencing Guidelines in New York

There are statutory laws that guide felony sentencing in New York. However, sentences may be shaped by judicial discretion, mandatory minimums, and other factors.

Key Sentencing Factors

• Statutory Ranges: There are minimum and maximum penalties for each class of felony.
• Violent Felony Offender Act: Certain violent felonies in the state are subject to mandatory minimum prison terms.
• Aggravating Factors: Felonies that are committed against children or elderly victims may increase sentence length.
• Mitigating Factors: When individuals commit crimes for the first time or cooperate with law enforcement, it typically reduces sentence length.
• Drug Law Reform: This law increases the length of sentences for major drug traffickers.
• Probation and Parole: Some felonies may qualify for probation, which is administered at the county level, while parole is overseen by the New York State Board of Parole.

Felony Laws and Procedures in Major New York Cities

Recent information on laws and procedures that guide the prosecution of felony cases in cities across the state is available at the Supreme Court of New York.

New York City (All Five Boroughs)

Felony prosecutions in NYC are handled by the Supreme Court of New York (criminal term) in each borough. The New York County District Attorney’s Office (Manhattan DA) and other borough DAs prosecute violent crimes and other felonies in all their boroughs.

Buffalo (Erie County)

The Erie County Supreme Court handles felonies in Buffalo, and the court provides online forms for the public.

Rochester (Monroe County)

Felony cases in Rochester are tried in the Monroe County Supreme Court. Individuals may find information on e-filing on the court’s website.

How to Search for Felony Records in New York

New York’s Freedom of Information Law (FOIL) allows members of the public to view records of felony convictions that are not subject to restriction. The state allows sealing of certain felony convictions after the offenders have spent at least 10 years in prison.

In New York, the public may access felony records through multiple ways, including:

New York State Unified Court System (UCMS)

The UCMS WebCriminal Portal, provided by the New York State Judicial Branch, enables interested parties to search online for felony case records. The portal allows them to use the names of the defendant, case number, or county as search options.

County Supreme Court Clerks

Record seekers may request criminal records, including felony case files, from the Clerk’s Office of the Supreme Court in the county where the case was prosecuted.

New York State Division of Criminal Justice Services (DCJS)

The New York State Division of Criminal Justice Services (DCJS) maintains statewide criminal history records. Individuals may contact the DCJS to learn more about the criminal history request process online or in person.

NYPD and Local Police Departments

Individuals may request felony records from the New York Police Department (NYPD) and the local police departments that maintain arrest reports and incident records for felony crimes.

Why Understanding Felonies in New York Matters

Individuals, employers, and organizations must understand New York felony laws, sentencing guidelines, and the process for obtaining records. Felony convictions carry lifelong consequences beyond prison and fines. It may restrict their civil rights, reduce job opportunities, and impact access to housing.

Felonies in New York are classified into five categories (A–E), with further distinctions made between violent and nonviolent offenses. Statutory guidelines, violent felony enhancements, and persistent offender laws influence sentencing.

Felony records are public records and may be accessed officially online or in person. Sources of felony records include the NYPD, police departments, county Supreme Court Clerk’s offices, and the Division of Criminal Justice Services. This process ensures public transparency and allows limited sealing for eligible felony cases.