The only singular definition for a felony offense is any offense that has a sentence that includes a term of imprisonment over 1 year if convicted. There are many different offenses that are considered felonies, but the categories are further divided to separate violent and non-violent felonies, as well as class A felonies are divided into A-I and A-II. Our experienced team of New York criminal attorneys have handled many felony cases for our clients and have been successful in handling their charges in court to obtain favorable dispositions for them, sometimes resulting in the charge being lowered out of felony range and avoiding any time being served.
There are hundreds of offenses that are considered felonies, and even though they are separated into violent and non-violent categories, there is also no set method for knowing which charge falls into which category. Violent felonies are generally considered those that consist of conduct that poses a serious risk of injury to another as well as those that involve the use of a dangerous weapon. For example, arson in the lower degrees of the offense are considered non-violent, but as the degree charged increases, the offense becomes considered violent. Because all class A felonies are considered to be violent, they are not divided into violent or non-violent and instead into either A-1 or A-II. The only difference between the two categories is that the lower category of A-II does not include a life sentence, but caps the maximum at 25 years.
All felonies are given a range for the length of sentence that can be ordered by the court. See the chart below to see the ranges for each class of felony and the possible sentence:
| Class | Violent | Non-Violent |
|---|---|---|
| A | 20-life (A-I) | 20-25 years (A-II) |
| B | 5-25 years | 1-25 years |
| C | 3.5-15 years | 1-15 years |
| D | 2-7 years | 1-7 years including probation |
| E | 1.5-4 years including probation | 1.33-4 years including probation |
These ranges are only a guide for the court to use when deciding the sentence of the offense, other factors involved include prior felony convictions, if the prior conviction is violent or non-violent and if they have a record as a juvenile or youthful offender. Because this is only a guide, it is important that you have an attorney who understands these guidelines and how the court interprets them to be able to fully understand the sentence you may be facing if charged with a felony.
Our senior partner worked as a New York City prosecutor for over 10 years, handling hundreds of felony cases, both violent and non-violent. After leaving the District Attorney’s office, he began his work advocating for the individual, fiercely defending the accused against their charges. Over the years, he has built a team of attorneys who thoroughly understand how the court chooses to prosecute and use that knowledge to help our clients achieve the best possible outcomes for their cases. Call now to speak to our experienced team of New York criminal attorneys and have them advocate on your behalf in the courtroom.