In the State of New York, there is no Class 4 Felony category. The state classifies its felonies from Class A, the most serious to Class E, the least serious. The felony classes include Class A, Class B, Class C, Class D, and Class E.
A Class E Felony conviction can result in up to four years in prison. This category includes offenses such as Criminal Possession of Stolen Property in the Fourth Degree, Grand Larceny in the Fourth Degree, and Criminally Negligent Homicide.
In this felony category, the property involved is typically over $1,000. It may also involve certain types of property, such as public records or firearms.
Typically, when someone thinks of a Class 4 Felony in the State of New York, it is most similar to a Class E Felony, or the lowest tier of felony in the state. Even though it is the lowest tier of felony, it still carries significant penalties.
It is common for a state to divide its felony categories into numeric or alpha categories, which can include Class 1 through Class 4 or Class A through Class D. Usually, a Class D felony will be the least serious category and Class A Felonies are the most serious.
A Class D Felony or a Class 4 Felony is usually considered to be a minor felony offense that comes with lesser punishments. In a state that uses this type of system, a Class 4 Felony is usually a step above the most serious category of misdemeanor offenses.
In jurisdictions that use this type of classification, Class 4 Felonies often include vehicular assault, criminal mischief, and motor vehicle theft. Although a Class 4 Felony can be considered less severe, it is still a felony charge that can result in consequences beyond the defendant’s criminal record.
A New York lawyer will be able to give specific information regarding the levels of felony offenses in the State of New York and how they compare to the felony categories used in other states. An attorney can also provide more information on the specific charges an individual is facing.
Examples of Class 4 Felonies in New York
As noted above, the State of New York does not have the category of Class 4 Felonies. In the State of New York, however, comparable Class E Felonies, or what may be referred to as Fourth Degree offenses, may include:
- Criminally negligent homicide
- Criminal mischief in the third degree
- Grand larceny in the fourth degree
- Conspiracy in the fourth degree
- Criminal possession of stolen property in the fourth degree
In those jurisdictions that do have Class 4 Felony categories, offenses that may be in this category include:
- Sexual assault
- Felony DUI
- Robbery
- Aggravated assault
- Stalking
- Vehicular homicide
- Arson
- Burglary
- Manslaughter
- Possession of illegal drugs
- Dog fighting or other animal-related crimes
If the defendant is a repeat offender, it is likely that they will face a harsher punishment than a first-time offender. In most cases, this will include longer incarceration times as well as increased criminal fines.
It is important to be aware that, in certain situations, although an offense would typically be charged as a misdemeanor, it can be charged as a felony if there are aggravating circumstances, such as:
- Use of a weapon
- Use of alcohol or drugs
- Being a repeat offender
- Violation of a restraining order
- Infliction of severe bodily harm or death
- Engaging in a pattern of abuse
Even though a lesser felony may seem less serious, it will still be a felony conviction. When someone has a felony conviction on their record, it can impact their ability to find housing, obtain loans, get employment, and get into schools.
How Bad Is a Class 4 Felony in New York and What Does It Mean in Court?
As noted above, any type of felony conviction can have an impact on an individual’s life outside of their criminal record. Although the sentencing guidelines may vary by state, most Class 4 Felony convictions are punishable by a prison term of one to three years as well as criminal fines of up to $10,000.
If an individual has a Class 4 Felony conviction on their record, or any other type of felony conviction, as previously discussed, they may have issues with housing, loans, employment, and they may also have rights taken away from them.
For example, they may be prohibited from owning a firearm. In addition, a felony conviction can also affect an individual’s child custody and child visitation rights.
It is also important to be aware that New York State has a Persistent Violent Felony Offender (PVFO) statute, similar to a three strikes law, that mandates enhanced sentences for a defendant’s third violent felony conviction. If someone is facing any type of felony charges in New York State, it is very important to schedule a New York lawyer consultation to find out information about the charges against them and how a conviction may impact their life.
What Is the Difference Between Felonies and Misdemeanors?
Misdemeanors and felonies are different categories of criminal offenses. Typically, a misdemeanor is less serious than a felony, often punishable by up to one year in jail and a criminal fine.
This category of offenses are usually victimless offenses. They often include disorderly conduct, contempt of court, as well as other crimes that do not involve serious bodily injury, death, or serious property damage.
Felonies are more serious crimes that are usually punishable by one year or more in prison and higher criminal fines. They typically involve more serious offenses that include acts of violence, cause greater harm to victims, cause property damages, or cause harm to society as a whole.
What Is a “Wobbler” Crime?
The State of New York does have wobbler crimes. These are crimes that can be charged as a misdemeanor or as a felony, depending on the facts of the case.
One common example of a wobbler crime is a drug possession offense. In these cases, the quantity of the substance will determine whether the charge is a misdemeanor or a felony.
Many Class E Felonies are considered wobbler offenses in New York State. This allows for flexibility in sentencing.
For example, a Class E Felony charge may be reduced to a misdemeanor by plea negotiations. This can depend on the defendant’s criminal history and the nature of the crime.
A court can also decide to reduce a felony to a misdemeanor. The court will typically consider the recommendation from the prosecution, the defendant’s criminal record, and the circumstances of the crime.
Do I Need a Lawyer if I’m Facing Class 4 Felony Charges in New York?
If you are facing any type of felony charge in New York State, it is essential to reach out to a New York criminal defense lawyer. Having a felony conviction on your criminal record can have an impact on nearly every aspect of your life.
LegalMatch offers no-cost lawyer-client matching services for you to find prescreened and licensed New York criminal defense attorneys near you in as little as 15 minutes. Once you complete the submission process, you will begin to hear back from New York lawyers in as little as one business day. It is free and quick to find the representation you need for your felony charges in New York State, so get started today.
