New York Felony Frequently Asked Questions

How Felonies and Misdemeanors Are Differentiated

The state of New York categorizes all crimes into two categories: felonies and misdemeanors. Misdemeanors are considered to be less severe criminal acts than the actions taken when committing a felony. This means that misdemeanor penalties have less severity than felony penalties.

Sentencing Guidelines for Misdemeanors and Felonies

In New York, the most serious misdemeanor charge is a Class A misdemeanor, which has a maximum sentence of up to one year in jail. Felonies, on the other hand, all have potential maximum sentences of several years in prison.

The least serious felony, a Class E felony, comes with a maximum penalty of four years imprisoned. That said, prison time isn’t always required in cases of Class E felonies. Sometimes a judge will order fines, probation, community service, or some combination of all of these, instead of imprisonment.

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Legal Scenario: What Would You Do?

Scenario

You were arrested after a bar fight in Manhattan and charged with assault in the second degree, which the prosecutor is calling a Class D felony. You had no prior criminal record and believed the altercation was minor, but the other person suffered a broken jaw.

What is the difference between being charged with a felony versus a misdemeanor assault in New York, and what kind of sentence am I actually facing?

Attorney's Answer

In New York, assault in the second degree under Penal Law § 120.05 is a Class D violent felony carrying a potential sentence of 2 to 7 years in state prison, whereas a misdemeanor assault charge under Penal Law § 120.00 carries a maximum of one year in jail. The key distinction often comes down to the severity of the injury — a broken bone typically elevates the charge from misdemeanor to felony territory. With no prior record, an experienced defense attorney may be able to negotiate the charge down to a Class A misdemeanor or explore alternatives like a plea to a lesser offense, but this requires careful legal strategy. It is critical to act quickly because felony convictions carry lasting consequences including a permanent criminal record, loss of voting rights while incarcerated, and significant barriers to employment.

This is general information only. Contact us for advice specific to your situation.

Statutory Sentencing Guidelines and Judicial Discretion