Felonies in New York are categorized Class A, the most serious felony criminal offenses, to Class E felony criminal offenses. This categorization reflects the seriousness of a crime. If a crime is categorized as a Class A, it is among the most serious of crimes, e.g. murder.
If a crime is categorized as a Class E, it qualifies as one of the least serious of felony offenses. It is still viewed as a felony, which is more serious than a misdemeanor, but it is far less serious than a Class A offense.
Class D felonies are closer to Class E in seriousness than to Class A. A lawyer consultation with a New York lawyer would equip an individual with a good understanding of the classification of felonies in New York and how it might affect their case.
What Is the Sentence for a Class D Felony–Level Crime in New York?
The sentences that may be imposed on a defendant who has been convicted of a Class D felony in New York depend on whether the crime is a violent or non-violent offense.
If the offense is non-violent, the possible punishment is as follows:
- 1 to 3 years at a minimum to 2.3 to 7 years maximum in a New York State prison
- Up to 1 year in a city or county jail
- Probation for 3, 4, or 5 years
- A combination of county or city jail time and time on probation
- Payment of a fine of up to $5,000
- Restitution or reparation
- Enhanced penalties if a hate crime.
If the offense was violent, the possible punishment is as follows:
- 2 to 7 years in a New York State prison
- 3 to 10 years of supervision after being released from prison
- Up to 1 year in a city or county jail, if there are special circumstances
- A split sentence comprising as many as 6 months in jail, or intermittent imprisonment up to 4 months in jail and 10 years probation, or 3 years conditional discharge
- Probation for 10 years if special conditions are present
- Conditional discharge for 3 years
- Payment of a fine of up to $5,000
- If the crime was a sex offense, the defendant must register as a sex offender, submit to HIV testing, and not enter certain areas; in addition, the defendant would pay a supplemental sex offender victim fee of $1,000.
If a defendant convicted of a class D felony has not been sentenced for a prior felony conviction within the preceding 10 years, a judge may sentence them to a year or less in state prison, which is less than the minimum of 2 years. A judge would opt for this sentence if the nature and circumstances of the crime and the defendant’s character and criminal record justify it.
Defendants who are repeat offenders can expect to be sentenced to the high end of the range, e.g. 7 years as opposed to 2 years in state prison.
Can You Receive More Than Seven Years in Prison in New York?
The upper limit for a state prison sentence for a violent Class D felony in New York is 7 years. However, a defendant can be sentenced to serve as many as 10 years probation if certain special conditions are met.
How Serious Are Class D Felony–Type Crimes in New York?
Class D felonies are felonies in New York; they are not misdemeanors. So their classification as felonies tells us that they are more serious than some other crimes. However,as noted above New York felonies are classed as A through E, with A being the most serious and E the least serious. Class A felonies are further divided into Class A-I and A-II.
Class D felonies are near the bottom of the seriousness classification in New York. One can appreciate the difference by looking at the sentences for Class A felonies and those for Class D felonies.
The range of years of imprisonment for conviction of Class A-I felonies is from 15 to 25 years. The sentence can be longer for some charges of murder or attempted murder. A person convicted of a Class A-II felony may be sentenced to a maximum of life in prison, with a minimum of 3 years to 8 years and 4 months, longer for a defendant convicted of predatory sexual assault.
So, for example, arson is a Class A, Class B or Class C felony depending on the circumstances of the crime. First degree arson can be punished by 15 years to life in prison. So, it is a much more serious offense than any Class-D felony.
As noted above the upper limit of a term of imprisonment for a violent Class D felony is 7 years. This indicates that Class D felonies are generally punished less harshly than Class A felonies, because they are considered less serious. Still Class D felonies are serious criminal offenses. A person charged with a Class D felony in New York needs to take the situation very seriously.
What Common New York Crimes Are Comparable to Class D Felonies?
A wide variety of crimes are categorized as Class D felonies. In New York, the crime of 1st degree stalking, which is the most serious type of stalking crime, is a Class D felony. A perpetrator is charged with 1st degree stalking if their conduct causes physical injury to the victim. Or, if the perpetrator has a prior conviction for 2nd degree stalking, they would be charged with 1st degree stalking when they commit a second or subsequent stalking offense.
The punishment for stalking is the punishment for Class D crimes, including up to 7 years in a New York state prison.
Domestic violence is not defined as a specific criminal offense in New York. Rather, it occurs when a person commits certain crimes against a family member, intimate partner, or household member.
The crimes that are commonly considered to be domestic violence in New York are as follows:
- Domestic Assault: Intentionally causing physical injury to a member of one’s family or household
- Harassment: Repeatedly annoying, alarming, or threatening a relative or member of one’s household
- Criminal Contempt: Violating a protective order issued by a New York court.
Stalking can also qualify as domestic violence in New York, and, as noted above, it can be charged as a Class D felony in some circumstances.
Luring a child, a crime known as “child enticement” in other states, is committed when an individual lures a child into their control by promising them candy, a puppy, a toy or even to take them to their parents. Whatever tool is used to lure the child, this is a crime in New York that may be charged as a Class D felony.
In New York, the crime of labor trafficking, known as “human trafficking” in some states, is a Class D felony. A person is guilty of labor trafficking if they coerce or through some means force another person to engage in labor. For example, the perpetrator of labor trafficking may take and/or destroy a person’s immigration documents, e.g. their passport, so they lose proof of their immigration status. They would then force the victim to work to win back their documents.
In New York, a DWI or DUI (impaired driving) charge without any aggravating factors is a misdemeanor criminal offense. The offense consists of driving with a blood alcohol concentration of .08 or higher. However, in New York, there is a “look-back period” that applies to prior DWI convictions as well as convictions for DWAI/Drugs, vehicular assault, or vehicular manslaughter.
A third DWI-related conviction within the 10-year look-back period becomes a Class D felony DWI/DUI. The punishment may include a prison sentence of 7 years and payment of a fine of as much as $10,000. A court may also order a defendant to have a vehicle interlock device on all of their vehicles.
Are There Any Defenses to Felony Charges in New York?
There are defenses to felony charges in New York that are common to most criminal offenses as follows:
- Alibi Defense: The defendant may claim that they were in a location other than the one in which the crime was committed doing something else and had nothing to do with criminal offense.
- Lack of Criminal Intent: In order to be convicted of most crimes, the defendant must have committed the crime while possessing a specific state of mind, or intent. The concept of intent can be complicated, because there are several different types of intent. A lawyer can identify the kind of intent that is an element of a crime and work to defeat the accusation that the defendant had that necessary intent.
- Reasonable Doubt: Of course, the prosecution must prove all of the elements of any crime with which a defendant is charged. If the defendant’s attorney can create a reasonable doubt in the minds of jurors at a trial, they may defeat the prosecution and win an acquittal.
Other defenses are available for specific criminal offenses with which a person may be charged. A New York criminal defense lawyer would be able to advise a person on this point.
Do I Need a New York Criminal Defense Attorney for a Felony Charge?
If you have been charged with a Class D felony in New York, you want to talk to a New York criminal defense lawyer. Your lawyer will review what the evidence shows about your situation and advise you what the best way forward may be for you. Your lawyer can identify any defenses you may have. If good defenses are not available, your lawyer may be able to negotiate a plea agreement that would involve pleading guilty to a less serious offense.
Your best way forward to a successful resolution of your case is with representation by a New York criminal defense lawyer.
