Class E Felonies in New York

While Class E felonies are the lowest level of felony offenses under New York law, they still carry serious legal consequences and long-term repercussions. Many people mistakenly believe that a Class E felony isn’t “that serious,” but the truth is that a conviction can result in a prison sentence, probation, fines, and a permanent criminal record that can follow you for life. At Tilem & Associates, PC, we have spent decades defending individuals against all classes of felony charges, including Class E felonies. We understand the high stakes and are here to help you navigate the legal system with strength and clarity.

What Is a Class E Felony?

Under the New York Penal Law, Class E felonies are the least severe of the felony categories, but they are still felonies, not misdemeanors. That means a conviction results in a criminal record that can have wide-ranging impacts on your employment, housing, immigration status, and civil rights.

Class E felonies are punishable by up to 4 years in state prison, but in many cases—especially for first-time, non-violent offenders—judges may consider probation, conditional discharge, or other alternatives to incarceration. However, violent Class E felonies, or cases involving repeat offenders, can carry mandatory prison time.

Common Examples of Class E Felonies in New York

Class E felonies span many types of criminal behavior, from theft to drug crimes and administrative violations. Some of the most commonly charged Class E felonies include:

• Criminal Possession of a Firearm (Penal Law § 265.01-b): Possessing a firearm without a valid New York permit, even if legally purchased elsewhere.
• Unauthorized Use of a Vehicle in the Second Degree (Penal Law § 165.06): Taking a vehicle without permission and with a prior conviction of the same offense.
• Grand Larceny in the Fourth Degree (Penal Law § 155.30): Theft of property valued over $1,000.
• Offering a False Instrument for Filing in the First Degree (Penal Law § 175.35): Knowingly submitting false documents to a public office with intent to defraud.
• Forgery in the Third Degree (Penal Law § 170.05): Creating or altering a written instrument with intent to deceive.
• Criminal Possession of a Controlled Substance in the Fifth Degree (Penal Law § 220.06): Possessing certain narcotics above specified amounts.

Many Class E felonies arise from misunderstandings, lapses in judgment, or regulatory violations rather than malicious intent. Regardless of the circumstances, these charges must be taken seriously and addressed with experienced legal counsel.

Potential Penalties for Class E Felonies

A conviction for a Class E felony in New York can result in a range of penalties, depending on the offense, prior criminal history, and other aggravating or mitigating factors. Potential consequences include:

• Incarceration: Up to 1⅓ to 4 years in state prison
• Probation: Typically 3 to 5 years for non-incarceration cases
• Fines: Up to $5,000, or double the defendant’s financial gain
• Restitution: Ordered payments to victims for losses incurred
• Post-Release Supervision (PRS): For violent felony offenders
• Permanent Criminal Record: Impacts background checks, employment, licensing, and housing

While prison is not mandatory for most first-time Class E felony offenders, the collateral consequences of a felony record are often as damaging as the criminal penalties themselves.

Collateral Consequences of a Class E Felony Conviction

Even if you avoid jail time, a felony conviction on your record can follow you for the rest of your life. These lasting effects can include:

• Difficulty securing or keeping employment
• Ineligibility for certain professional licenses
• Denial of housing or financial aid
• Impact on immigration status or citizenship eligibility
• Loss of firearm rights
• Hindered ability to serve on a jury or vote in certain jurisdictions

This is why we at Tilem & Associates fight not only for the best possible outcome in the courtroom but also to safeguard your long-term future.

Defense Strategies Against Class E Felonies

Our experienced defense attorneys use a wide range of strategies to defend clients facing Class E felonies. Depending on the case, we may pursue:

• Suppression motions to exclude unlawfully obtained evidence
• Dismissal motions for insufficient evidence or procedural violations
• Negotiated pleas to lesser charges or violations
• Alternative sentencing options such as diversion programs or conditional discharges
• Trial defense with expert witnesses, cross-examination, and constitutional challenges

Attorney Peter H. Tilem, a former Manhattan prosecutor, leads our firm with a deep understanding of how prosecutors build their cases and how to break them apart. We build every defense around your unique circumstances and goals.

Let Us Help You Protect Your Future

If you or someone you care about is facing a Class E felony charge in New York, don’t wait to get legal representation. Even a low-level felony can change your life forever, but with the right defense, many charges can be reduced, dismissed, or diverted.

Call Tilem & Associates, PC today at (877) 377-8666 or contact us online for a confidential consultation. We’re available 24/7 to respond to emergencies and are ready to begin protecting your rights immediately.