The State of New York has Class B Felonies. These are the second most serious category of felonies in the state.
Most jurisdictions separate felonies into different classes based upon their severity and the potential punishment that a convicted defendant may face. They may be categorized by number 1, 2, 3, etc., or by letter, A, B, C, etc.
A Class B felony will usually carry a potential prison sentence of at least one year and up to 25 years, depending on the jurisdiction. There are many different examples of Class B Felonies, which may include serious drug offenses, some types of assault, and certain types of theft.
The elements that are included in a Class B Felony will depend on the jurisdiction. If an individual is charged with a Class B Felony in New York, it is essential to schedule a New York lawyer consultation.
Classification of Felonies
There are various classes of felonies, with each class carrying a different level of potential punishment for a convicted defendant. In states such as New York that categorize felonies using an alphabetic system, the basic felony classifications typically include:
- Class A Felonies: These are the most severe category and typically include the most serious crimes, including murder, rape, and kidnapping.
- Punishment often includes the death penalty or life in prison without the possibility of parole.
- Class B Felonies: This category usually includes manslaughter, certain drug offenses, and certain types of theft.
- Punishment may include a prison sentence of one year to 25 years.
- Class C Felonies: These felonies typically include some forms of fraud, certain theft offenses, and some types of assault.
- Punishment can include a prison sentence of one year to 10 years.
- Class D Felonies: This category can include fraud, burglary, and some drug offenses.
- Punishment may include a prison sentence from one year to five years.
The exact categories, the offenses that are included, and their corresponding punishments may vary by jurisdiction. Because of this, it is important to consult with a local New York lawyer who can explain the possible penalties an individual may face if they are convicted.
Examples of Class B Felonies in New York
There are numerous examples of Class B Felonies in New York, both violent and non-violent. Examples of Class B violent felonies in New York include:
- Burglary in the First Degree
- Assault in the First Degree with a Deadly Weapon
- Kidnapping in the Second Degree
- Armed Robbery
- Rape in the First Degree
- Attempted Murder in the Second Degree
- Arson in the Second Degree
- Manslaughter in the First Degree
- Sex Trafficking
- Criminal Possession of a Weapon in the First Degree
Examples of non-violent felonies in New York include:
- Bribery in the First Degree
- Insurance Fraud in the First Degree
- Grand Larceny in the Second Degree
- Money Laundering in the First Degree
- Forgery in the First Degree
- Criminal Sale of a Controlled Substance in the Third Degree
- Criminal Possession of a Controlled Substance in the Fourth Degree
Examples of Class B felony offenses in other jurisdictions may include, but may not be limited to:
- First-degree sexual abuse
- First-degree burglary
- Aggravated assault
- Manslaughter
- Robbery
- Some drug offenses, such as possession with intent to distribute
- Fraud or embezzlement
- Kidnapping
- Securities fraud and other white-collar crimes
A New York lawyer can provide more information on all of the criminal offenses that are classified as Class B Felonies in the state.
Penalties for Class B Felony in New York
In the State of New York, a Class B Felony is punishable by five to twenty five years in a state prison for a violent felony and up to 25 years for a non-violent felony. If a defendant is convicted of a violent felony, they may also be required to have mandatory post-release supervision.
When a defendant is convicted of a felony, it can also impact areas of their life outside of their criminal record. They may face loss of the right to vote, own a firearm, have visitation or custody with their children.
They may also have difficulty obtaining loans, housing, and employment. They may be prohibited from obtaining a professional license or may lose one they already possess.
Additionally, the State of New York also has a three-strikes law, called the persistent violent felony offender statute, that requires long-term, severe, or even life sentences for defendants convicted of a third violent felony. Defendants face significantly harsher penalties, from 12 to 25 years to life, even if they only received probation for their prior felony offenses.
Minimum Sentence for Class B Felony in New York
The minimum sentence for a Class B Felony in the State of New York will range from 1 to 5 years in state prison, depending on whether the felony was violent or non-violent. If the felony was a violent felony, there will be a mandatory minimum sentence of five years.
For a non-violent felony, the minimum sentence will typically be one to three years for a first time offender. For a second offense, the minimum sentence for a non-violent felony may increase to four and a half to 13.5 years.
Can I Receive a Harsh Sentence for a Class B Felony in New York?
Yes, it is possible for a defendant to receive a harsh sentence for a Class B Felony in New York. A Class B Felony is the second most serious category of felony in the state.
As previously discussed, the penalties may range from one to 25 years in prison, depending on whether the felony was violent or non-violent. In addition, if the defendant has previous violent felony convictions, they can face serious consequences, including life in prison.
If there were aggravating factors present, such as using a weapon or causing significant harm to the victim, the defendant may receive the maximum possible sentence. As noted above, in addition to having a criminal record, a felony conviction can impact nearly every aspect of a defendant’s life.
Some convictions can also have immigration consequences, leading to deportation.
What Is an Extenuating Circumstance?
Extenuating circumstances, which may also be referred to as mitigating circumstances, are certain factors or events that a court considers when they are sentencing defendants. These circumstances are taken into account and may reduce the severity of the sentence the court may otherwise have imposed.
Extenuating circumstances may include things such as the defendant’s:
- Age
- Mental health
- Physical health
- Family circumstances
- History of abuse
- History of trauma
- Remorse
- Willingness to cooperate with law enforcement
- Level of planning of the crime
These circumstances can also be used to justify a request for a lesser charge. For example, if a defendant acted in self-defense, they may face lesser charges that carry a lighter penalty.
Should I Talk to a New York Lawyer About a Class B Felony?
If you are facing a Class B Felony or any other criminal charges in the State of New York, it is essential to reach out to a New York criminal defense lawyer as soon as you can. Your lawyer will be able to review your situation, determine what defenses and mitigating circumstances you can present in court, and negotiate with the prosecution on your behalf.
Take advantage of the free attorney-client matching services LegalMatch provides today to locate a New York criminal defense attorney near you who is ready to get started defending you. It will only take you around 15 minutes to complete the online submission process and be matched to licensed and prescreened New York lawyers in your area.
