First Degree Felony in New York

New York does not use "first-degree" terminology to classify types of crimes. Instead, it uses a letter-grade system to categorize offenses. Felonies are categorized with letters, ranging from Class A to Class E. While § 55.05 of the New York Penal Law describes felonies as offenses that result in more than a 1-year prison sentence, the Class A category comprises the most serious crimes. Additionally, within the Class A category are AI and A-II sub-classes. Sub-Class A-I refers to crimes that often involve loss of life, extreme violence, or very large-scale drug trafficking. Sub-Class A-II refers primarily to major drug offenses rather than violent crimes.

Based on severity and penalties, New York's Class A felonies are comparable to first-degree crimes in states that use the degree-tiered system. Nonetheless, New York uses the degree terminology to describe the severity of certain Class A offenses. For instance:

• Robbery in the first-degree (N.Y. Penal Law § 160.15)
• Murder in the first-degree (N.Y. Penal Law § 125.27)
• Arson in the first-degree (N.Y. Penal Law § 150.20)
• Kidnapping in the first-degree (N.Y. Penal Law § 135.25).

Public Access to First Degree Felony Records in New York

First-degree felony records are public in New York. According to the New York Freedom of Information Law (FOIL), it is the right of individuals to “know the process of government decision making and the documents and statistics leading to determinations”. Nonetheless, public access does not extend to sealed or expunged records, juvenile records, and specific victim-identifying information.

New York's Class A records are accessible through the New York Courts WebCrims Portal. Users can access Class A criminal records for free using case numbers, defendants' names, or the court calendar. The New York State Department of Corrections and Community Supervision (DOCCS) Inmate Lookup Portal may also provide free access to Class A criminal records through inmate records of incarcerated or released individuals with felony convictions.

Alternative options include:

• Mail-in and walk-in requests through the County Clerk/Supreme Court Clerk’s Office of the County or Supreme Court that handles the specific case (this option may cost between $5 and $10 per document page)
• Public Access Terminals (PATs) at New York courthouses
• Background Check via New York State Office of Court Administration (OCA) Criminal History Record Search (CHRS).

Records should note that while PATs offer free access to case information, making copies of documents involves fees. Additionally, CHRS does not provide certified copies of documents, and costs $95.00 per name search.

Common Crimes Classified as First Degree Felonies in New York

New York classifies first-degree crimes under the A-I and A-II sub-categories of Class A offenses. These refer to crimes whose severity qualifies them for some of the harshest penalties under the New York Penal Code. First-degree felonies in New York include, but are not limited to:

• Murder in the first degree
• Criminal possession of a controlled Substance in
• Rape/sexual assault in the first degree
• Arson in the first degree
• Kidnapping in the first degree.

According to the New York Division of Criminal Justice Services, there were 89,979 violent crimes in New York State in 2023 and 89,920 in 2024. These figures include 10,959 violent crimes by firearms in 2023 and 9,772 in 2024. The table outlines the statistics for violent crimes in New York State in 2023 and 2024.

Note

VCBF - Violent Crime By Firearms

MBF - Murder By Firearms

RBF - Rape By Firearms

RoBF - Robbery By Firearms

AABF - Aggravated Assault By Firearms.

Prison Sentences and Fines for First Degree Felonies in New York

In New York, the sentencing range for a Class A felony depends on its sub-category and the offender’s criminal history. New York uses the Indeterminate System model for sentencing. Under this structure, the courts set minimum and maximum terms for imprisonment. The minimum terms for most Class A-I felonies range between 5 and 25 years, while the maximum is life imprisonment. Crimes under this category include:

• Murder in the first-degree
• Arson in the first-degree
• Kidnapping in the first-degree
• Criminal possession of a controlled substance in the first degree.

The law sets the maximum term for Class A-II felonies, such as criminal possession of a controlled substance in the second degree and criminal sale of a controlled substance in the second degree, at life imprisonment. The minimum term for these felonies ranges from 3 years to 8.5 years.

New York Penal Law § 80.00 also mandates fines and prison terms. Generally, the penalties for most felonies in New York can be up to $5,000 or double the amount of the offender's financial gain from the crime. However, for drug-related crimes, the fines can be as high as $100,000 for Class A-I offenses and $50,000 for Class A-II offenses.

What is the Maximum Sentence for a First Degree Felony in New York?

In New York's classification system, Class A felonies are comparable to first-degree felonies. This category contains two subdivisions, Class A-I and A-II, and carries the harshest penalties for criminal offenses in the state's penal system.

The maximum sentence for a Class A felony depends on its subcategory. Class A-I crimes, which include murder, first-degree kidnapping, and first-degree arson, are punishable by life imprisonment without parole and fines of up to $100,000. Similarly, Class A-II offenses, which are often drug-related, also attract a maximum life imprisonment and similar fines but offer the possibility of parole.

What is First Degree Murder in New York?

According to § 125.27 of the New York Penal Law, a first-degree murder is the intentional killing of a person under any of the following conditions:

• Killing a police officer, judge, firefighter, or corrections officer in the line of duty
• Killing an individual during robbery, kidnapping, rape, or other serious felonies
• Killing a witness to prevent testimony
• Premeditated Killing of more than one person
• Killing for compensation (murder for hire).

Under the New York Penal Code, first-degree murder is a Class A-I offense. However, it has a unique sentencing system. Unlike other Class A-I crimes that have a minimum term as low as 15 years, the penalty for murder in New York is mandatory life imprisonment without parole, or 20 years to life imprisonment with the possibility of parole after the minimum term.

New York no longer applies the death penalty for murder crimes after the state's Court of Appeals ruled against it in 2004.

Can First Degree Felony Records Be Sealed or Expunged in New York?

Expungement and sealing of criminal records play similar roles in denying public access to case documents. However, while expungement permanently destroys the records as if they never existed, sealing limits access to law enforcement agencies, courts, and authorized entities.

New York does not permit the expungement of Class A records, unless they relate to certain marijuana convictions, according to § 221 of the New York Penal Law. Although New York allows individuals to seal two criminal records (one felony and one misdemeanor, or two misdemeanors), Class A felonies are not eligible. This means that offenses such as kidnapping, murder, arson, and other serious crimes remain permanently on the offender’s criminal history.

For juvenile offenders between the ages of 13 and 15, Class A crimes such as murder, arson, and kidnapping are prosecuted in adult criminal court under the NY Penal Law and Criminal Procedure Law. If the court finds the suspect guilty, these records are not expungeable.

Difference Between First-degree and Second-Degree Felonies in New York

In New York, first and second-degree felonies are comparable to the state's Class A and Class B crimes. The key differences between these two felony classes are their severity and the penalties they carry.

New York classifies Class A offenses as the most serious crimes, with sentences ranging from 15 years to life in prison without parole, and fines of up to $100,000. Crimes in the Class A category include:

• First-degree murder
• First-degree arson
• First-degree kidnapping.

By comparison, New York considers Class B offenses (comparable to second-degree felonies) less severe than Class A crimes, and they carry reduced penalties. Prison terms for Class B crimes range from 5 to 25 years, with a maximum fine of $5,000 or double the gain from the criminal transaction. Offenses in the Class B category include:

• Second-degree robbery
• Second-degree assault
• Second-degree burglary.

Statute of Limitations for First Degree Felony Charges in New York

The statute of limitations is the legally permissible time frame for filing criminal charges against suspects. Within these periods, prosecutors must bring their cases before the court or forfeit the right to do so. The reasons for the statute of limitations on criminal cases include:

• Ensure fairness to defendants, because evidence can degrade, witness memory may fade, and physical documents can get lost
• Encourage law enforcement to investigate and file charges quickly
• Balance the seriousness of the crimes; these offenses are so serious, and society’s interest in justice outweighs concerns about delay
• Protect defendants from government abuse. Without time limits, prosecutors could threaten suspects indefinitely with charges, creating pressure or coercion.
• Promote judicial efficiency.

In New York, according to § 30 of the New York Criminal Procedure Law (CPL), there is no statute of limitations for Class A crimes. This means that prosecutors can file charges against suspects at any time.

Probation and Parole Eligibility for First Degree Felonies in New York

Probation refers to court-ordered sentences that allow convicts to remain in the community under supervision instead of serving jail or prison terms. In New York, individuals guilty of Class A offenses are not eligible for probation. New York law requires mandatory prison sentences for offenders.

In New York, the Board of Parole may conditionally release prisoners before they serve their maximum sentences, allowing them to serve their remaining sentences in the community under supervision. Unlike probation, parole applies after the convict has served part of the sentence for the crime.

Parole eligibility for first-degree felonies in New York depends on the specific Class A offense; crimes with mandatory life imprisonment without parole are ineligible. For offenses with indeterminate sentencing, the convict must serve the minimum term to be eligible for parole. For instance, a sentence of 25 years to life imprisonment requires the individual to serve a minimum of 25 years in prison to be eligible for parole.

Impact of a First Degree Felony Conviction on Criminal Records in New York

A first-degree felony or Class A criminal conviction in New York can have consequences beyond the immediate penalties. In New York, most Class A convictions are not eligible for expunction, making them accessible to all interested individuals. Even after sealing, these documents are accessible to law enforcement, the courts, employers, and other authorized entities. As a result, these convictions can negatively affect a person’s job prospects, housing options, professional certifications, and social standing.

A Class A criminal convict will lose the right to vote while in prison. It may not hold public office unless the court or New York State Department of Corrections and Community Supervision issues a Certificate of Relief from Disabilities or a Certificate of Good Conduct. Additionally, under § 400.00 of the New York Penal Law and federal law (18 U.S.C. §922(g)), a Class A criminal conviction may result in a lifetime ban on possessing firearms.

For non-citizens of the United States, a Class A criminal conviction in New York may result in:

• Deportation and make the offender inadmissible to the U.S. after leaving
• Detention by Immigration and Customs Enforcement (ICE)
• Cancellation of asylum.