New York Criminal Laws

Like other states, New York has laws in place to protect its residents from conduct that is threatening, endangering, or harmful to their health, safety, welfare, and property. It was one of the first states to enact a stalking law. The New York Penal Laws cover all criminal acts committed in the state.

Doing something that’s against New York Penal Laws is considered an offense. That doesn’t mean it’s a crime. Some offenses are considered non-criminal, while others are criminal by definition. The difference involves jail time, fines, and more.

The criminal laws of New York are less permissive than those of other states. In some instances, laws will differ under the jurisdiction of New York City. Gun laws are strict, and the state of New York doesn’t honor the ‘stand-your-ground‘ doctrine. While cannabis use is legal, selling or trafficking marijuana can land you in trouble.

New York criminal laws are complex and, at times, confusing. In this section, we’ll discuss types of offenses, crime classifications, how bail works, possible defenses to crimes, and more. We’ll also provide links to articles on specific New York crimes. It’s a good idea to speak with a New York criminal defense attorney if facing prosecution.

New York Criminal Laws – Types of Offenses

Doing something against the New York Penal Laws is an offense. But not all offenses are considered crimes, even if there’s jail time involved. This can be a bit confusing. Listing the types of criminal cases used in New York might make things a little more clear:

Non-Criminal Offenses

• Traffic violations – Most violations of New York’s Vehicle and Traffic Law are considered traffic infractions and not criminal offenses. Examples include expired vehicle registration, most speeding tickets, and illegal parking. Most traffic violations carry fines.

• Violations – These are non-criminal offenses that aren’t traffic violations. Examples include jaywalking, public intoxication, and loitering. Penalties for a violation consist of fines and a maximum jail time of 15 days.

Criminal Offenses

• Misdemeanors – Misdemeanors are more serious than a violation but less serious than a felony. There are three different groups of misdemeanors in New York:

  • Class A – The most serious type of misdemeanor, Class A penalties include fines and a maximum sentence of up to one year in jail. Class A misdemeanor offenses include resisting arrest, assault in the third degree, and sexual misconduct.

  • Class B – Offenses considered Class B misdemeanors carry fines and a maximum sentence of up to three months in jail.

  • Unclassified misdemeanors – The least serious of New York misdemeanors, these are often DUI or DWI charges. Most unclassified misdemeanor sentences are probation of up to three years, but jail time is possible for impaired driving charges.

• Felonies – Felonies are the most serious of crimes committed in New York. They include rape, murder, arson, robbery, and other crimes. All carry a minimum of at least one year in jail. Felonies are divided into classes that reflect the level of crime committed:

  • Class A-I – The most serious felonies are found under this classification. These include aggravated murder, terrorism, and arson in the first degree. Most A-I felonies have a jail sentence minimum between 15 to 20 years, but some are 20 to 40 years. A life sentence is the maximum.

  • Class A-II – Also serious transgressions, Class A-II felonies include predatory sexual assault and possession or sale of a controlled substance in the second degree. The minimum sentence range is between three and eight years. A life sentence is the maximum.

  • Class B Violent – Criminal offenses considered Class B violent felonies include attempted murder in the first degree, rape in the first degree, and criminal use of a firearm in the first degree. Prison sentences range between five and 25 years.

  • Class B Non-Violent – Non-violent Class B felonies often carry less severe penalties than violent Class B. These crimes include tampering with a witness in the first degree, sex trafficking, and health care fraud in the first degree. Jail sentences have a minimum of between one and three years and a maximum of 25 years.

  • Class C Violent – These felonies include strangulation in the first degree, robbery in the second degree, or assault on a judge, peace officer, police officer, fireman, or medical services professional. Sentences range from three-and-a-half to 15 years.

  • Class C Non-Violent – Aggravated vehicular assault, use of a child in a sexual performance, and money laundering in the second degree are some Class C non-violent felonies. Avoiding jail through probation is possible for first-time offenders. Others face a minimum of one to two years and a maximum of fifteen years in jail.

  • Class D Violent – Class D violent felonies carry prison terms between two to seven years. Offenses include stalking in the first degree, sexual abuse in the first degree, and making a terroristic threat.

  • Class D Non-Violent – Identity theft in the first degree, criminal trespass in the first degree, and coercion in the first degree are all examples of Class D non-violent crimes. Avoiding jail through probation is possible for first-time offenders. The sentence ranges from a minimum of between one and three years and a max of seven.

  • Class E Violent – These offenses include persistent sexual abuse, aggravated sexual abuse in the fourth degree, and false written statements reporting an incident in the second degree. Avoiding jail through probation is possible for first-time offenders. Otherwise, it’s a minimum of a year and a half and a maximum of four years of prison time.

  • Class E Non-Violent – The least serious of the felony classes still carries over a year of prison time. Offenses include computer trespass, auto stripping in the second degree, and defrauding the government. Potential incarceration ranges between one and a third years and four years.

It’s not a good idea to face any criminal offenses without legal counsel. If you’re facing charges, speak with a New York criminal defense lawyer.

New York Criminal Laws – Classifications

Every criminal offense in New York falls under a classification in the New York Penal Codes. These specific classifications are as follows:

• Title P – Offenses Against Public Safety: These include firearms offenses, illegal recordings, and fleeing from law enforcement.

• Title I – Offenses Involving Damage to and Intrusion Upon Property: These offenses include arson, criminal mischief, and burglary.

• Title O – Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents: Crimes include sexual performance by a child, offenses affecting the marital relationship, and offenses relating to children, disabled persons, and vulnerable elderly persons.

• Title H – Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint, and Intimidation: These offenses include strangulation, kidnapping, assault, coercion, homicide, stalking, and sex crimes.

• Title N – Offenses Against Public Order, Public Sensibilities, and the Right to Privacy: This includes offenses against privacy, service animals, public order, public sensibilities, and harassment of rent-regulated tenants.

• Title G – Anticipatory Offenses: Anticipatory offenses consist of criminal facilitation, criminal solicitation, conspiracy, and the attempt to commit a crime.

• Title J – Offenses Involving Theft: As the title indicates, this grouping includes larceny, robbery, welfare fraud, and other offenses relating to theft.

• Title M – Offenses Against Public Health and Morals: This classification covers cannabis laws, prostitution, gambling, controlled substances, and obscenity offenses.

• Title K – Offenses Involving Fraud: These crimes include healthcare insurance fraud, criminal diversion of prescription medication, forgery, and criminal diversion of medical marihuana.

• Title L – Offenses Against Public Administration: This section covers bribery, perjury, official misconduct, and obstruction of public servants and officials.

Bail and Bond

If arrested for a crime under state law in New York, the court may require assurance that you’ll return for your court date before releasing you. Bail is the amount you’re required to post to secure your release until the trial. It’s set by the judge and can be denied for serious felonies. If paid, the bail is returned after the final court judgment.

A bond is used when the defendant can’t pay the bail amount. It involves putting up collateral for forfeiture, such as a house, instead of the cash amount of bail. Bail bondsmen offer this service. New York limits bondsmen to charging 10% of the value of the bond. Only licensed bondsmen should be used.

Defenses

Possible defenses will depend on the type of crime you’re accused of. For example, some assault charges may fall under self-defense. This is considered justification. Other defenses are based on lack of culpability, infancy (a minor child), and a difficult burden of proof. When facing charges in a New York court, speaking with an expert in criminal defense is a good idea.

Facing Criminal Charges in New York? An Attorney Can Help

Any criminal conviction can follow you for the rest of your life. If you’re charged with a criminal offense in New York State, it’s time to talk with a New York criminal defense lawyer. An expert in criminal procedure law can help you get the best outcome possible in criminal court.