Representation.
Class B Felonies in New York
Class B felonies in New York are among the most serious non-capital crimes in the state and can result in lengthy prison sentences. These crimes often involve significant harm or risk to others, substantial financial loss, or major drug-related offenses. Under New York Penal Law, Class B felonies are considered violent or non-violent depending on the nature of the offense, and this classification significantly affects sentencing guidelines and parole eligibility.
Violent vs. Non-Violent Class B Felonies
Violent Class B felonies include crimes where physical harm, the threat of violence, or the use of deadly weapons is present. Common violent Class B felonies include:
- Attempted Murder in the Second Degree (PL § 110/125.25)
- Assault in the First Degree (PL § 120.10)
- Robbery in the First Degree (PL § 160.15)
- Burglary in the First Degree (PL § 140.30)
These offenses typically involve bodily harm or the use of a weapon, making them eligible for enhanced penalties and requiring mandatory prison terms.
Non-violent Class B felonies, while serious, do not typically involve direct physical harm. They often include white-collar crimes, high-level drug offenses, and public corruption.
Examples include:
- Bribery in the First Degree (PL § 200.04)
- Grand Larceny in the First Degree (PL § 155.42)
- Criminal Sale of a Controlled Substance in the Third Degree (PL § 220.39)
Though classified as non-violent, these offenses can still lead to lengthy prison sentences and significant collateral consequences, including immigration consequences and loss of professional licenses.
Sentencing for Class B Felonies
New York imposes indeterminate sentencing for most Class B felonies. Sentencing is heavily influenced by the offender’s prior record and whether the offense is categorized as violent.
- Violent Class B Felonies: Carry mandatory minimums ranging from 5 to 25 years in state prison. Parole eligibility is limited and early release is often restricted.
- Non-Violent Class B Felonies: May result in 1 to 25 years, depending on the facts of the case, mitigating circumstances, and plea arrangements. In rare cases, probation may be an option.
In many cases, violent felony offenders must serve a minimum term before becoming eligible for parole, whereas non-violent offenders may receive alternative sentences like Shock Incarceration or Willard Drug Treatment under specific programs.
Examples of Class B Felony Charges
Violent Class B Felonies:
- Attempted murder
- Assault with a deadly weapon
- Armed robbery
- Burglary involving injury or weapons
Non-Violent Class B Felonies:
- Embezzlement of over $1 million
- First-degree bribery
- Major narcotics sales
- Identity theft as part of an organized scheme
Defense Strategies for Class B Felonies
Successfully defending against a Class B felony charge often requires an experienced criminal defense team familiar with both trial and negotiation strategies. These cases often hinge on forensic evidence, eyewitness testimony, and complex legal motions. At Tilem & Associates, we conduct a full review of discovery, investigate potential constitutional violations, and assess whether evidence can be suppressed due to unlawful searches or improper procedures.
Legal Representation Matters
Being charged with a Class B felony in New York can be life-changing. A conviction can lead to a lengthy prison term, financial ruin, and a permanent criminal record. Whether you are accused of a violent or non-violent felony, securing an experienced attorney is critical to preserving your rights and protecting your future.
Contact Tilem & Associates today for a confidential case evaluation. Our firm’s founder, Peter H. Tilem, is a former Manhattan prosecutor who has successfully handled hundreds of felony cases throughout the state. Call (877) 377-8666 or visit www.tilemlawfirm.com.