As discussed in our page on felony offenses, New York State has certain offenses that are considered violent felonies which means that the possible sentence can be longer than a non-violent offense. While the statute that discusses violent felony offenses does not define what a “violent felony” is, the general definition is a crime that presents a serious risk of potential injury and is punishable by more than one year of imprisonment. If you have been charged with a felony offense and are unsure of the category it belongs to, violent or non-violent, call our experienced team of New York criminal attorneys now to discuss possible options.
While the entire list of included offenses can be found within the statute, we will go through some of the more common offenses that are included in each level of the offense to try and help you understand them more as well as the possible sentences for each of the levels. The lowest level of violent felonies are class E and only include five listed offenses but the two that we see the most often with our clients is attempted criminal possession of a weapon in the third degree and falsely reporting an incident in the second degree. If you have questions or would like more information on any of the offenses discussed in this article, see our related pages on them for more specific information.
Violent felonies that are considered class D include many more offenses including any attempt of a class C felony, aggravated sexual abuse in the third degree, assault in the second degree, and nineteen other offenses. Class C violent felonies include eighteen listed offenses, though the ones we see most often are criminal possession of a weapon in the second degree, burglary in the second degree, and robbery in the second degree. Class B violent felonies are the longest list, including thirty offenses. Some of the more common offenses included in this category include any attempted class A-I felonies of murder in the second degree, manslaughter in the first degree and assault in the first degree.
You will be able to find more information on each of the offenses discussed above in the articles on our site that discuss them in more detail if you have further questions about what each offense entails. When an offense is considered violent versus non-violent, the possible sentence increases, and the court has authority to impose other sentences authorized even if the person has not previously been convicted in the previous five years to the current offense. Typically, the length of the sentence increases the minimum by at least a few years. The court is able to weigh other factors such as circumstance of the crime, criminal history of the accused and the nature of the crime when deciding the sentence.
Violent felony charges are incredibly serious, and you should have an attorney who is well versed in handling such charges on your side. Call our experienced team of New York criminal attorneys now to discuss your charges and let us begin working for you.