Each state approaches criminal justice in its own unique way. While there is some uniformity between states, some jurisdictions are notable outliers. For example, States like Maine and New Jersey do not even use the term “felony” in their courts. While New York is also distinct in many ways, it follows a common practice of sorting its crimes into “degrees.” While this system distinguishes between minor and serious “versions” of the same underlying crime, it can also lead to serious confusion for defendants. To understand the degrees of crimes, it may help to book a consultation with an experienced criminal defense lawyer in New York. Consider calling 845-567-4820 to continue this discussion at The Law Office of Benjamin Greenwald.
Higher Degrees of Crimes Are Less Serious
The general rule regarding degrees of crimes in New York is simple: Higher numbers indicate less serious crimes. For example, New York Courts state that robbery in the 2nd degree is a violent felony. In contrast, robbery in the 3rd degree is a non-violent felony. Since 3 is a higher number than 2, this is a clear sign that the former offense is a less serious crime than the latter. Furthermore, the higher degree helps distinguish the non-violent crime from the violent crime. In New York, a violent offense is almost always met with stricter penalties compared to a non-violent “version” of the same offense.
The same logic applies to all other degrees of crimes in New York. For example, murder in the 1st degree is more serious than murder in the 2nd degree. Manslaughter in the 1st degree is also more serious compared to manslaughter in the 2nd degree. In addition, this system of degrees applies to non-violent offenses. For example, criminal mischief in the third degree involves over $250 of property damage, whereas criminal mischief in the second degree involves over $1500 of property damage. Third degree criminal possession of a weapon involves prior convicts or non-citizens owning certain weapons – and it can lead to seven years in prison. Defendants without criminal records caught with these same prohibited weapons face a lesser charge of fourth degree criminal possession of a weapon instead. While the former is a felony, the latter is a misdemeanor with a maximum jail sentence of one year.
The Class System Reveals More About Your Penalties
While the degrees of crimes in New York help defendants understand the seriousness of their offenses, they do not provide much further information. A defendant may recognize that a second-degree crime is more serious than a third-degree crime, but this classification may provide no further clues about potential penalties. Defendants may find it more helpful to understand how the “class” system works in New York during a consultation at The Law Office of Benjamin Greenwald.
Classes of Misdemeanors in New York
Regardless of their degree, misdemeanors in New York can be sorted into different “classes” depending on their severity. New York Courts note that misdemeanors represent the “lowest level” of criminal offenses – and they are less serious than felonies. Generally speaking, misdemeanors lead to jail sentences instead of prison sentences.
A Class A misdemeanor is a serious offense in New York, verging on becoming a felony. Defendants charged with Class A misdemeanor can expect to face up to one year in jail. A Class B misdemeanor is a less serious offense with a maximum jail sentence of three months. There is also a third category to consider: Unclassified misdemeanors. Some of these unclassified misdemeanors carry light sentences, but others can reach Class A sentencing levels. For example, a defendant may face up to one in jail after being convicted of Driving While Intoxicated (DWI) in New York – an unclassified misdemeanor.
Classes of Felonies in New York
New York also sorts felonies into different classes. In theory, all felonies in New York carry prison sentences of at least one year. However, some felonies can lead to jail sentences or probation without any incarceration whatsoever. Compared to misdemeanors, felonies may fall into a wider range of classes.
The least serious type of felony in New York is a Cass E felony, which leads to a maximum of four years in prison. An example of a Class E felony in New York is criminal mischief in the third degree. Next, Class D felonies carry a maximum sentence of seven years – such as robbery in the third degree. A Class C felony can lead to 15 years in prison, and an example is burglary in the second degree. Defendants face 25 years in prison for Class B felonies, such as manslaughter in the first degree. Finally, there are Class A-I and Class A-II felonies, which both carry a maximum sentence of life imprisonment.
Factors to Consider Other Than Classes and Degrees of Crimes
While understanding the classes and degrees of crimes can help defendants determine potential sentences, there are other factors to consider. Perhaps most notably, New York Courts impose stricter penalties on repeat offenders. “Predicate felons” who commit two felonies within 10 years face a “sharp increase” in their minimum sentence. Minimum sentences continue to increase with subsequent felony convictions. Third-time “persistent violent offenders” may face life imprisonment regardless of the class or degree of their offense. Sentences for violent felonies are also “fixed,” while sentences for non-violent felonies are more flexible.
Finally, New York distinguishes between drug-related felonies and other felony offenses. Like non-violent crimes, drug offenses feature more flexible sentences – and a defendant may face 5th, 4th, 3rd, 2nd, or 1st degree drug crimes. For example, possessing a relatively low quantity of cocaine is “criminal possession of a controlled substance in the fifth degree” and a Class D felony. This is also a non-violent felony, and defendants may face relatively low sentences – especially if they have no prior offenses. In contrast, all violent Class D felonies (such as vehicular assault) usually lead to a mimimum of two years in prison.
Contact The Law Office of Benjamin Greenwald
Even if a defendant has been informed of their specific charges, they may not understand complex phrases like “criminal facilitation in the fourth degree” or “criminal contempt in the second degree.” It is difficult for a defendant to fight charges they do not even understand, and a discussion with an experienced criminal defense lawyer in New York could help clear up points of confusion. The Law Office of Benjamin Greenwald may be able to help defendants learn more about classification systems for New York offenses and various degrees of crimes. To continue this discussion, consider calling 845-567-4820 today. .
