Class D Felonies in New York

Being charged with a felony in New York is always a serious matter, and Class D felonies, while on the lower end of the felony spectrum, carry severe and potentially life-altering consequences. If you’re facing a Class D felony charge, it is critical to understand what you’re up against and how experienced legal counsel can make a difference. At Tilem & Associates, PC, our attorneys draw on more than three decades of criminal defense experience to protect your rights, your reputation, and your future.

What Is a Class D Felony?

Under the New York Penal Law, felonies are categorized by severity from Class A (the most serious) to Class E (the least). Class D felonies fall near the bottom of that scale but still carry the possibility of a lengthy prison sentence, probation, substantial fines, and a permanent criminal record.

A Class D felony is typically punishable by up to 7 years in state prison. For first-time offenders, incarceration is not always mandatory, and courts may consider alternative sentencing such as probation or diversion programs. However, for violent Class D felonies, mandatory minimum sentences may apply, and the stakes become even higher.

Examples of Class D Felonies in New York

Class D felonies cover a wide range of criminal activity, from physical violence to property crimes and even certain white-collar offenses. Some common examples include:

• Assault in the Second Degree (Penal Law § 120.05): Intentionally causing serious physical injury or using a dangerous instrument during an assault.
• Burglary in the Third Degree (Penal Law § 140.20): Unlawfully entering a building with the intent to commit a crime inside.
• Grand Larceny in the Third Degree (Penal Law § 155.35): Theft of property valued over $3,000.
• Criminal Possession of a Weapon in the Third Degree (Penal Law § 265.02): Possession of a firearm or other weapon under circumstances that elevate the charge.
• Forgery in the Second Degree (Penal Law § 170.10): Falsifying official documents such as contracts, public records, or government-issued IDs.
• Identity Theft in the First Degree (Penal Law § 190.80): Knowingly and intentionally using another person’s identity to obtain goods, services, or money in excess of $2,000.

These charges are often accompanied by other crimes, complicating the legal landscape and increasing the potential penalties.

Penalties and Sentencing for Class D Felonies

The specific sentence for a Class D felony depends on multiple factors, including the type of offense (violent vs. non-violent), whether the defendant has prior felony convictions, and any mitigating or aggravating circumstances.

Typical penalties may include:

• Prison Term: From 1 to 7 years, with mandatory minimums for violent offenses.
• Probation: Usually 3 to 5 years for non-incarceration sentences.
• Fines: Up to $5,000 or double the amount gained through the criminal conduct.
• Restitution: Payment to victims for financial losses or damages.
• Permanent Criminal Record: A conviction that will follow you for life, affecting employment, housing, professional licenses, and firearm ownership.

In certain cases, judges have discretion to impose alternatives to incarceration, including drug treatment programs, community service, or conditional discharge—but having skilled legal counsel is key to obtaining these outcomes.

Long-Term Consequences

Beyond the immediate penalties, a Class D felony conviction can derail your future. You may face:

• Barriers to employment or professional licensure
• Ineligibility for certain government benefits or housing
• Immigration consequences for non-citizens
• Loss of firearm rights
• Difficulty securing loans, college admission, or child custody

This is why it’s essential to act quickly and strategically when facing felony charges.

How We Defend Class D Felony Charges

At Tilem & Associates, we take a customized and aggressive approach to every case. Our team, led by Peter H. Tilem, a former prosecutor in the Manhattan District Attorney’s Office, brings unmatched insight into both sides of the criminal justice system.

Our defense strategies may include:

• Challenging illegal searches or seizures under the Fourth Amendment
• Suppressing improperly obtained statements or evidence
• Attacking the credibility of witnesses or co-defendants
• Identifying weaknesses in the prosecution’s case
• Negotiating plea deals or reduced charges when appropriate
• Presenting mitigating evidence to reduce sentencing exposure

We examine every detail and leave no stone unturned to build the strongest possible defense.

Get Help From a Proven Legal Team

Being charged with a Class D felony doesn’t have to define your future. With the right legal representation, you can fight the charges, protect your record, and move forward with confidence.

If you or a loved one has been arrested or is under investigation for a Class D felony in New York, contact Tilem & Associates immediately. Call us at (877) 377-8666 or submit a confidential contact form today. We are available 24/7 for urgent matters and offer consultations to help you understand your options.