Best Practices for Defending Serious Felony Charges

What is Considered a Felony?

According to New York State courts, a felony is the most serious type of crime. A person found guilty of a felony may be sent to prison for one year or up to a lifetime sentence. Felonies in New York adhere to the state’s penal code to distinguish violent and non-violent offenses, which each carry their own standard penalties. Punishments associated with violent felonies are set for a predetermined amount of time, whereas nonviolent offenses typically adhere to a time range for a first-time offender.

What Additional Penalties Accompany Felony Offenses?

Imprisonment, fines, and probation are common punishments that follow a felony offense. However, a felony may also incur the loss of the following rights:

• Barred participation as a juror
• Prohibition from future firearm purchases
• Ineligibility from voting, also known as felony disenfranchisement
• Ineligibility from receiving welfare benefits
• Ineligibility from federally subsidized housing
• Revocation or exclusion of certain operator or professional licenses

What Are the Felony Classes and Charges in New York?

The State of New York divides felonies into five separate categories, with each charge carrying a maximum sentence. Multiple charges and prior offenses and convictions will significantly impact sentencing guidelines.

Class A Felony

Class A felonies are considered the most serious and can carry the longest sentence of life without parole. This class includes crimes such as murder, kidnapping, and some drug offenses. The minimum sentence for a violent, class A felony is 15 years to life imprisonment. It is important to note that drug felonies are further divided into A-I and A-II categories, with A-I being the more serious class of the two.

Class B Felony

Class B felonies are considered the second most severe felony within the state of New York. This class includes violent crimes such as rape, robbery, burglary and non-violent crimes such as grand larceny and certain drug offenses. Class B violent felonies impose a minimum sentence of five years in prison and up to 25 years imprisonment.

Class C Felony

Class C violent felonies can include robbery, burglary, and non-violent offenses such as drug charges, grand larceny, possession of a forged instrument, and possession of stolen property. Violent crimes in this class carry a minimum of 3.5 years in prison and up to 15 years imprisonment. A non-violent crime enforces a maximum of 5-15 years in prison with the possibility of probation.

Class D Felony

Class D felonies are the second least significant felonies recognized in New York and may include specific gun possessions, robbery, and burglary. Most crimes within this class are considered non-violent; however, certain assault and weapons possession charges are considered violent. This class typically does not carry a mandatory prison sentence unless the offender is a prior felon. Sentences can include up to seven years in state prison, sentences in a county jail, or probation.

Class E Felony

Class E felonies are considered the least serious felonies and may result in up to four years in state prison. First-time offenders receive no minimum sentences, and they may receive a probational sentence or a conditional discharge. Class E felonies are typically non-violent unless they involve an attempt to commit a violent class D felony. A long list of crimes are considered Class E felonies, including child abandonment, arson, insurance fraud, and stalking.

What is a Felony Enhancement?

An enhancement means additional penalties for an offense and includes the following:

• Prior violent felony: The State of New York imposes higher minimum and maximum terms for offenders who have been sentenced for a previous felony within the past ten years.
• Three strikes: Similar to other states, New York has enacted a three strikes law requiring a judge to order a life sentence with the possibility of parole for a person convicted of a third violent felony.
• Gun use: An offender will receive a longer sentence if a gun is used during certain felonies committed within the state.

What Defenses are Used in Felony Cases?

Most states recognized five common defenses against felony charges. The defenses are:

• Alibi: An alibi defense uses evidence to prove that the alleged offender could not have committed the crime because they were in another place when the crime transpired. Evidence to support an alibi can include eyewitnesses, video footage, or timestamped documents such as receipts or time cards.
• Self-defense: A person may act in self-defense in the following situations:
  • When there is a reasonable belief of imminent danger or bodily injury
  • When there is a reasonable belief that immediate force is necessary to defend against imminent peril and
  • When the individual has used no more force than necessary to defend against the imminent danger
• Consent: Consent involves an alleged victim willfully agreeing that a specific act takes place. Evidence used to establish consent includes witness statements and video footage.
• Challenging the validity of a charge: There are two common ways to challenge a charge’s validity:
  • Mistake of fact: The alleged offender made a mistake that negates an element of the crime and
  • False accusations: The alleged offender was accused of a crime that he or she did not commit
• Constitutional rights violation: An alleged offender may contest charges by proof that officers violated their constitutional rights, such as:
  • Arresting the accused without probable cause
  • Coercing a confession
  • Arresting the accused after an unlawful search and seizure
  • Failing to read the accused his or her Miranda rights

Do I Need an Attorney?

If you are facing felony charges, you will absolutely be fighting for your freedom and, potentially, your life. Call Passalacqua and Associates, LLC at 315-277-3548 or fill out a contact form for a free consultation.