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Non-Drug Felonies

A felony is a serious crime that carries the potential for prison time and loss of certain civil rights. Persons charged with a felony should be aware of the potential consequences. There may be defenses available to challenge the felony charge, so you should consult with an attorney about your options.

Felonies carry certain minimum and maximum sentences. Different felonies are categorized into different categories, with “A” level felonies being the most significant and “E” level felonies with less significant penalties. Crimes that are violent in nature will carry a defined prison term.

What are the potential consequences for various levels of felonies?
1) “E” Non-Violent Felony
Non Predicate Felon: Sentence ranges from no incarceration up to 1 1/3 to 4 years state prison.
Predicate Felon: Sentence ranges from a minimum of 1 1/2 to 3 years up to a maximum of 2 to 4 years state prison.

2) “E” Violent Felony
Non Predicate Felon: 1 1/2 to 4 years state prison.
Predicate Felon: 2 to 4 years state prison.
Violent Predicate Felon: 3 to 4 years state prison.

3) “D” Non-Violent Felony
Non Predicate Felon: Sentence ranges from no incarceration up to 2 1/3 to 7 years state prison.
Predicate Felon: Sentence ranges from no 2 to 4 years up to 3 1/2 to 7 years state prison.

4) “D” Violent Felony
Non Predicate Felon: 2 to 7 years state prison.
Predicate Felon: 3 to 7 years state prison.
Violent Predicate Felon: 5 to 7 years state prison.

5) “C” Non-Violent Felony
Non Predicate Felon: Sentence ranges from no incarceration up to 5 to 15 years state prison.
Predicate Felon: Sentence ranges from no 3 to 6 years up to 7 1/2 to 15 years state prison.

6) “C” Violent Felony
Non Predicate Felon: 3 1/2 to 15 years state prison.
Predicate Felon: 5 to 15 years state prison.
Violent Predicate Felon: 7 to 15 years state prison.

7) “B” Non-Violent Felony
Non Predicate Felon: Sentence ranges from 1 to 3 years up to 8 1/3 to 25 years state prison.
Predicate Felon: Sentence ranges from no 4 1/2 to 9 years up to 12 1/2 to 25 years state prison.

8) “B” Violent Felony
Non Predicate Felon: 5 to 25 years state prison.
Predicate Felon: 8 to 25 years state prison.
Violent Predicate Felon: 10 to 25 years state prison.

9) “A” Felony
The potential determinate sentence is 15 years to 25 years as well as the possibility of life in state prison. Currently, New York State does not have the death penalty.

What should you do if you are charged with a felony?
If you are charged with a felony, regardless of the level, you should contact an attorney as soon as possible to discuss your options. An attorney can help you understand your rights and what to expect in the case. An attorney can also review the evidence to determine whether there are any defenses available. This will help you in making informed decisions about how to proceed with your case.

What defenses may be available in a felony case?
In all felony cases, the prosecution must be able to prove the elements of the crime beyond a reasonable doubt. If doubt can be raised with regard to any aspect of the case, then you may seek an acquittal and the case should be dismissed. Defenses may also be available if your constitutional rights were violated during the investigation of the crime or while the case is pending.

The charges may be challenged at a preliminary hearing or by filing motions while the case is pending. If the case proceeds to trial, then you can cross examine the prosecution’s witnesses and present rebuttal evidence to challenge their case.

Because you face the potential for significant penalties, as discussed above, it is important that you treat the case seriously and seek out an attorney who will act as your advocate. An attorney will strive to seek out a resolution that is just under the circumstances. We will make sure you understand your rights and the options that are available in your case.

For legal advice and representation with your felony case, contact our office to learn more about your options.

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