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What Is a Felony in New York? Classes, Sentences and Consequences
A felony in New York is a crime that can be punished by more than one year in state prison. Felonies are ranked from class A, the most serious, to class E, and are also divided into violent and non-violent felonies, which changes the sentence. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Nassau County prosecutor who defends felony charges across Long Island.
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The time before the grand jury acts is the best chance to get a felony reduced. Learn how cases move to Nassau County Court in Mineola, or call now for a free consultation.
Felony vs. misdemeanor vs. violation
| Level | Maximum sentence | Examples |
|---|---|---|
| Felony | More than 1 year in state prison | Grand larceny, felony DWI, assault 2nd degree, drug sale |
| Misdemeanor | Up to 364 days in jail (class A) or 3 months (class B) | Petit larceny, DWI (first offense), assault 3rd degree |
| Violation | Up to 15 days in jail | Disorderly conduct, harassment 2nd degree |
Violations are not crimes. Misdemeanor and felony convictions are permanent criminal records.
The five classes of felonies in New York
The maximum prison terms below apply to a first felony conviction. Drug felonies have their own, lower ranges. Many cases end with far less, and a first offense for many class C, D and E felonies can end in probation.
| Class | Maximum prison term | Examples |
|---|---|---|
| A | Life | Murder 2nd degree, kidnapping 1st degree, top-level drug possession |
| B | 25 years | Robbery 1st degree, burglary 1st degree, drug sale 3rd degree |
| C | 15 years | Robbery 2nd degree, grand larceny 2nd degree, weapon possession 2nd degree |
| D | 7 years | Assault 2nd degree, grand larceny 3rd degree, possession of a forged instrument 2nd degree |
| E | 4 years | Grand larceny 4th degree, felony DWI (a prior DWI within 10 years), DWI with a child passenger (Leandra’s Law) |
Violent vs. non-violent felonies
Mandatory prison
Violent felony offenses
Listed in Penal Law 70.02. They carry mandatory prison terms with a minimum: for a first offense, at least 5 years for class B, 3½ for class C, 2 for class D and 1½ for class E.
More flexibility
Non-violent felonies
Most theft, fraud, drug and DWI felonies. The judge usually has more options, including probation, a shorter local jail sentence or treatment programs.
Prior felonies change everything. A second felony conviction within 10 years (not counting time in prison) makes you a predicate felon, with mandatory prison and longer minimums.
How a felony case works in Nassau County
- Arrest and arraignment. Every case starts at the District Court, 99 Main Street in Hempstead. See what happens at an arraignment.
- Grand jury. The prosecution must present the case to a grand jury. This is the best time to negotiate a reduction to a misdemeanor.
- Indictment. If indicted, the case moves to Nassau County Court in Mineola.
- Hearings and discovery. We challenge the stop, the search, statements and identification.
- Resolution. Dismissal, reduction to a misdemeanor or violation, treatment court, probation, or trial.
Consequences of a felony conviction beyond prison
- A permanent criminal record
- Losing the right to own a firearm
- Immigration consequences for non-citizens, including deportation
- Professional license problems and difficulty finding jobs and housing
- Losing the right to serve on a jury
Because of these consequences, the goal in most felony cases is to avoid a felony conviction entirely, through a dismissal, a reduction or a treatment program.
Recent felony results
Felony dismissed · Reduced to disorderly conduct
Grand larceny
Nassau County, July 16, 2026. A felony grand larceny charge was resolved with a plea to disorderly conduct, a violation, with community service and a conditional discharge.
Felony dismissed & sealed
Felony assault, domestic incident
Nassau County, 2026. A felony assault charge after an argument at home ended in an ACD, with the case dismissed and sealed.
Felony dismissed & sealed
Felony criminal mischief, caught on video
Nassau County, June 15, 2026. After restitution was paid, the case ended in an ACD: dismissed and sealed.
Treatment court
Class B felony cocaine possession
Nassau County Court, 2026. Our client, who had no record, was accepted into treatment court. The felony is dismissed when he completes the program.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Felonies in New York: frequently asked questions
What is a felony in New York?
A felony is a crime that can be punished by more than one year in state prison. New York felonies are ranked class A through class E.
What is the lowest level felony in New York?
Class E. Examples include grand larceny in the 4th degree and felony DWI. The maximum for a first offense is 4 years, and probation is often possible.
Can a felony be reduced to a misdemeanor?
Yes. Many felony charges on Long Island are reduced to misdemeanors or violations, especially before indictment.
Is DWI a felony in New York?
A first DWI is usually a misdemeanor. It becomes a felony with a prior DWI conviction within 10 years, or under Leandra’s Law when a child 15 or younger is in the car.
Can a felony be sealed in New York?
Some can. Under CPL 160.59, a person can apply to seal up to two convictions, only one of them a felony, after 10 years without a new conviction. Violent felonies and sex offenses are not eligible. New York’s Clean Slate Act will also automatically seal many older records.
How much does a felony lawyer cost on Long Island?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation. The fee depends on the charge and the court.
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Garden City, NY 11530
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