Felonies, Misdemeanors, And Infractions in New York

The New York State Penal Code groups crimes into three classes. These classes are infractions (or violations), misdemeanors, and felonies. Each class represents offenses of different gravity with corresponding penalties. In summary, New York courts try crimes based on these categories. Additionally, beyond establishing classifications, New York law sets statutes of limitations that cap the time for filing criminal cases in the state.

What Is A Felony In New York?

Section 10.00(5) of the New York Penal Law defines felony as any crime punishable by one or more years of imprisonment. Felonies are the most serious offenses under the New York criminal law. Depending on the type of crime, the punishment for felonies in New York ranges from 1 year to life imprisonment. Apart from the level of seriousness of an offense, the offender’s criminal record also plays a crucial role in determining the length of the jail term for felony offenses. A felon with a record of two or more previous felony convictions may receive life imprisonment for their consistency. In contrast, a first-time offender may receive a lesser punishment for the same offense. Additionally, the time interval between two felonies by the same individual may influence the minimum sentence for the present crime.

Beyond imprisonment, felonies may result in restitution or reparation (NYPC § 60.27), fines (NYPC § 80.00 (1–7)), and probation (NYPC § 65.00) if the offenders fulfill certain requirements.

New York State separates felonies into two broad categories:

• Violent felonies
• Non-violent felonies.

There is no specific formula in the New York Penal Law for determining whether a felony in New York is violent or not. However, the state regards violent felonies as crimes that inflict physical harm on another person. In contrast, non-violent crimes do not involve human beings directly (properties). The punishments for violent felonies are pegged to a fixed amount of time, while the punishment for non-violent felony convictions is fixed within a range (for instance, 3 to 5 years).

In addition to the broad categories, § 70.02 of the New York Penal Law further classifies felonies into various classes. This classification ranges from Class A (for the most severe crimes to Class E (the least serious):

Class A Felonies (I or II) - This felony class comprises two subdivisions (AI and A-II) and contains the most serious offenses. Crimes within the A felony Class are punishable by up to imprisonment without parole, except if it is drug-related (NYPC § 220.21), whereby the offender may spend up to 10 years in prison, in addition to fines of up to $100,000.00 (NYPC § 80.00 (1c i & ii).

Class B Felonies - These are offenses that may result in up to 25 years imprisonment, in addition to fines ranging up to $30,000.00 (NYPC §80.00 (1ciii))

Class C Felonies - This class of felony attracts up to 15 years imprisonment, plus up to $15,000 fine (NYPC § 80.00 (1civ))

Class D Felonies attract at most 7 years imprisonment

Class E Felonies - This category of offenses is the least severe. A Class E felony conviction in New York may result in up to 4 years' imprisonment.

What Are Some Examples Of Felonies In New York?

The New Penal Law groups crimes into classes based on their severity. This classification ranges from Class A to E. Crimes within each of New York's felony classes include:

Class A Felonies

• Class A-I felonies:
  • Murder in the 1st or 2nd degree
  • Kidnapping in the first Degree
  • Arson in the first degree
  • Major drug trafficking
• Class A-II felonies:
  • Criminal sale of a controlled substance in the second degree
  • Predatory sexual assault
  • Criminal use of a chemical weapon or biological weapon in the second degree

Class B Felonies

• Rape in the 1st degree
• Robbery in the 1st degree
• Grand larceny in the first Degree (theft of property valued over $1,000,000)
• Burglary in the 1st degree
• Kidnapping in the second degree
• Arson in the second degree

Class C Felonies

• Burglary in the second degree
• Manslaughter in the 2nd degree
• Robbery in the 2nd degree
• Criminal possession of a weapon in the second degree
• Grand larceny in the second degree (theft of property valued over $50,000)
• Forgery in the first degree

Class D Felonies

• Reckless assault of a child
• Robbery in the third degree
• Robbery in the third degree
• Grand larceny in the third degree (theft of property valued over $3,000)
• Forgery in the second degree (Falsifying official documents like public records or contracts)
• Identity theft in the first degree (using another person's identity to obtain goods or money over $2,000)

Class E Felonies

• Criminal possession of stolen property in the fourth degree
• Criminal possession of a controlled substance in the fifth degree
• Rape in the third degree
• Abandonment of a child.

Can I Get A Felony Removed From A Court Record In New York?

New York law does not provide mechanisms for expunging felony records, except for specific marijuana-related convictions under the Marihuana Regulation and Taxation Act (MRTA). While felony records are not expungeable, the state permits individuals to seal up to two non-violent, non-sexual convictions (either one felony and one misdemeanor, or two misdemeanors). A record may become eligible for sealing ten years after the owner's conviction or release from prison. Notwithstanding the sealing, these documents remain accessible to law enforcement, the courts, and certain licensing agencies.

Is Expungement The Same As Sealing Court Records In New York?

No, expungement is not the same as sealing in New York. New York does not have provisions for the expunction of felony records. Expungement refers to the destruction of criminal records, making them legally non-existent.
In comparison, sealing a New York criminal record makes it inaccessible to the public. However, sealed documents are still accessible to authorized entities, including law enforcement, courts, and certain certification agencies.

What are misdemeanors in New York?

According to Section 10.00(4) of the New York Penal Law, a misdemeanor is any offense (other than a traffic infraction) whose maximum prison term ranges above 15 days but must not exceed 1 year. New York considers misdemeanors less serious crimes than felonies, but more severe than Infractions. In New York, there are three categories of misdemeanors:

• Class A misdemeanors
• Class B Misdemeanors
• Unclassified misdemeanors.

Class A misdemeanors
Under New York's classifications, this group contains the most serious misdemeanors. The penalty for a Class A misdemeanor in New York includes up to 364 days in prison. Additionally, offenders may pay up to $1,000.00 as fines.

Class B misdemeanors
Offenses under Class B misdemeanors are not as serious as those of Class A. Crimes under the category have maximum prison terms of 3 months, and fines not exceeding $500.00.

Unclassified misdemeanors
The unclassified misdemeanor class contains offenses that do not fit neatly into the Class A or B misdemeanors. The penalties for offenses in this category are defined by the statute creating the crime.

What are some examples of misdemeanors in New York?

The offenses under each of New York's misdemeanor classes differ in severity and penalties.
Examples of misdemeanors in New York include:

Class A misdemeanors

• Assault in the third degree
• Petit larceny (theft of property valued at less than $1,000)
• Criminal possession of a controlled substance in the 7th
• Resisting arrest
• Criminal mischief in the fourth degree
• Criminal contempt in the second degree

Class B misdemeanors

• Menacing in the third degree
• Prostitution
• Criminal trespassing in the third degree
• Issuing a bad check
• Possession of a graffiti instrument
• Unlawful assembly

Unclassified Misdemeanors

• Driving While Intoxicated (DWI)
• Aggravated Unlicensed Operation (AUO) in the third degree
• Reckless driving
• Failing to stop for a school bus
• Driving While Ability is Impaired by drugs
• Operating a snowmobile while intoxicated.

Can I Get A Misdemeanor Removed From A Record In New York?

New York does not permit individuals to remove misdemeanor convictions from their records through expunction. However, the New York State Clean Slate Act allows the automatic sealing of eligible misdemeanor records. In New York, individuals can seal up to two non-violent and non-sexual conviction records, which may include one or two misdemeanors. Eligible individuals, however, must complete a 10-year waiting period and should not have pending criminal charges during this time. After sealing, these records become accessible only to authorized entities, such as law enforcement, the courts, and certain certification bodies.

Can a DUI Be Expunged in New York?

No, New York does not permit expungement of DUI/DWI records. However, misdemeanor DWI violations that did not result in serious injuries or deaths, or that are not classified as violent felonies, may be sealable after 10 years if their owners do not have pending criminal charges. Additionally, the New York Clean Slate Act of November 2024 allows for automatic sealing of misdemeanor DWI records 3 years after sentencing or release.

What Is An Infraction In New York?

Section 10.00(3) of the New York Penal Law defines infraction (violation) as any offense with a maximum prison term of 15 days. Violations are the lowest-level offenses under the New York criminal justice system. In most cases, violations in New York result in fines, points on the offender’s driver’s license, or community service.

New York does not consider violations as criminal offenses. Hence, unlike felonies and misdemeanors, these offenses do not result in permanent criminal records. Notwithstanding, unless they are sealed, violation records may be accessible through background checks.

What Are Some Examples Of Infractions In New York?

Infractions/violations in New York comprise various types of offenses. These are traffic and non-traffic violations, and local ordinance violations. Examples of violations in New York include:

Penal Law Violations (Non-Traffic)

• Disorderly conduct
• Loitering
• Trespassing
• Unlawful possession of marijuana
• Harassment in the second degree
• Unlawful possession of weapons by a minor

Traffic infractions (vehicle & traffic Law)

• Cell phone/texting while driving
• Driving without a seatbelt
• Driving without a valid license
• Speeding
• Failure to yield
• Running a red light

Local ordinance violations (municipal codes)

• Littering
• Noise ordinance violation
• Public urination
• Opening a container of alcohol in public.

Can Infractions Be Expunged From A New York Criminal Court Record?

The state of New York does not have a provision for expungement and therefore does not expunge infractions or other records. Individuals can, however, petition the court to seal their violation records. Furthermore, the New York Clean Slate Act automatically seals most misdemeanor and felony records (it excludes sex offenses, violent offenses, and Class A felonies). The Act covers offenses committed from November 16, 2024, and initiates the sealing process three years after a misdemeanor or eight years after a felony.

What is Deferred Adjudication in New York?

Deferred adjudication is not a formal term under the New York justice system. The closest functional equivalent is the Diversion Programs. New York State permits conditional dismissal programs and treatment-based alternatives to incarceration for eligible crimes. Diversion programs in New York similar to deferred adjudication include:

• Adjournment in Contemplation of Dismissal (ACD)
• Judicial Diversion Program
• Drug Treatment Courts
• Veterans Treatment Courts.

Under this system, the court withholds a final conviction while the defendant completes specific treatments or court-supervised obligations. Completing these programs may result in reduced sentences, or outright dismissal of charges and sealing of records.

Types of Crimes Eligible for Deferred Adjudication in New York

New York State does not permit diversion programs for all crimes. It excludes violent crimes, sex offenses, major drug trafficking (Class A felonies), and repeat offenders from eligibility. Crimes that are eligible for diversion programs include:

Adjournment in Contemplation of Dismissal (ACD)

• Disorderly conduct
• Trespass
• Petit larceny (shoplifting under $1,000)
• Low-level drug possession (marijuana/controlled substances, pre-legalization cases)
• Harassment (non-domestic)

Judicial Diversion Program

• Grand larceny (certain cases, especially drug-related)
• Burglary in the 3rd Degree (nonviolent)
• Criminal possession of a controlled substance (felony-level)
• Forgery or fraud offenses related to addiction
• Criminal sale of a controlled substance (non-major trafficking).

Additionally, New York's diversion programs cover non-violent offenses committed by individuals diagnosed with mental illnesses. The state also extends coverage to veterans whose offenses stem from PTSD, substance abuse, or adjustment issues.