What is a Second Degree Felony in New York?

New York Penal Law § 55.05 classifies felonies into five categories, namely Class A (subclassified into A-I and A-II), B, C, D, and E felonies. Class A-I felonies are the most serious felonies in the state, and Class E felonies are the least. Therefore, based on the law, no particular category of crime is designated “second-degree felony” in New York. However, some crimes are classified into degrees to indicate severity, and these crimes are not limited to any particular felony class. For example, second-degree murder is a class A-I felony, second-degree robbery is a class C felony, and second-degree assault is a class D felony.

In comparison to other states, New York’s Class B and C (and sometimes D) felonies generally correspond to what some other states categorize as second-degree felonies. For example, in New York, aggravated assault can be a Class B or D felony depending on the circumstances and severity of the injuries. In Texas and New Mexico, the same offense is categorized as a second-degree felony.

Class B and C felonies in New York are less serious than Class A felonies (e.g., murder in the first degree, arson in the first degree, and kidnapping in the first degree) but more serious than Class D (e.g., robbery in the third degree and burglary in the third degree) and E felonies (e.g., aggravated harassment) and misdemeanors (e.g., simple assault, shoplifting, and public intoxication). Note that Class B felonies are also more serious than Class C felonies.

The New York Penal Law outlines the specific types of crimes that fall under Class B and C felonies, including sentences.

Which Crimes Are Considered Second Degree Felonies in New York?

Crimes that constitute Class B and C felonies (i.e., second-degree felonies in other states) in New York include, but are not limited to:

• Manslaughter in the first degree
• Rape in the first degree
• Kidnapping in the second degree
• Burglary in the first degree
• Arson in the second degree
• Robbery in the first degree
• Conspiracy in the second degree
• Grand larceny in the first degree
• Aggravated sexual abuse in the second degree
• Gang assault in the second degree
• Burglary in the second degree
• Manslaughter in the second degree

What is Second Degree Murder and How is it Classified in New York?

Per New York Penal Law § 125.2, second-degree murder is a Class A-I felony, and a person is guilty of it if they intentionally kill another without malice aforethought; under circumstances showing depraved indifference, they recklessly engage in conduct that creates a grave risk of death to another and thereby causes the death of another; or they cause another’s death during the commission of, attempt to commit, or flight from certain felonies such as robbery, burglary, kidnapping, or rape (i.e., felony murder).

Also, an adult (18 years or older) who recklessly engages in conduct that creates a serious risk of death or physical injury to a child under 11 and thereby causes the child’s death, or, while committing certain sexual offenses, like rape, aggravated sexual abuse, or incest against a person who is less than 14, causes their death, commits second-degree murder.

The punishment for second-degree murder under New York Penal Law § 70.00 is an indeterminate prison term of 15 to 25 years minimum, with a maximum of life imprisonment. In New York, second-degree murder is a less serious charge than first-degree murder but more serious than manslaughter (e.g., first-degree and second-degree manslaughter—Class B and C felonies, respectively). While murder is typically intentional, manslaughter is not.

New York Second Degree Felonies Penalties and Punishments

The punishment and penalty the court typically imposes on Class B and C felony offenders in New York include an indeterminate maximum prison term of up to 25 years, with a minimum term of one year to one-third of the maximum for a Class B felony offense, and a maximum term of up to 15 years, with a minimum of at least one year to one-third of the maximum for Class C felonies (New York Penal Law § 70.00). A determinate sentence of 5 to 25 years for a Class B violent felony offense (e.g., first-degree assault) and 3.5 to 15 years for Class C violent felony offenses (e.g., second-degree assault) under New York Penal Law § 70.02.

Per New York Penal Law § 80.00, fines can be set at a maximum of $5,000 or at double the defendant's gain from the crime. However, for drug-related Class B and C felonies, fines can reach $30,000 or $15,000, respectively. Additionally, a probation term of five years is typically imposed (New York Penal Law § 65.00). Furthermore, other penalties, including restitution, community service, and treatment programs, can be imposed.

The seriousness of the offense, the defendant’s criminal history, repeat offenses, and other factors can influence sentences. For example, a repeat offender may face life imprisonment, whereas a first-time offender is punished less for the same crime.

The table summarizes the penalties for some Class B and C (second-degree) felonies in New York.

Are Second Degree Felony Records Public in New York?

Yes. Class B and C felony (the state’s typical equivalent of second-degree) records are public under New York's Freedom of Information Law. As such, these records can be inspected and copied from the relevant custodians (e.g., courts and police). However, not all felony records are public. Those sealed under the state’s sealing laws and those deemed confidential by the law are restricted from public access.

Additionally, statewide criminal history information records maintained by the Division of Criminal Justice Services (DCJS) are not public records. Access is restricted to the record subject and authorized agencies. A criminal history record contains information about arrests, indictments, convictions, and sentences.

Like New York, California and Alaska provide public access to court and law enforcement records but limit access to statewide criminal history information. In contrast, Washington permits public access to all criminal records.

How to Access Second Degree Felony Court Records in New York

Interested parties can access felony court records in New York by making requests directly in person, by mail, or by email to the Clerk of the Court where the case was filed or handled. Requests should be made during business hours. The contact information of the Supreme Courts and the County Courts that handle felony cases in each county in the state is available via the court locator tool on the Unified Court System website. Copy fees typically apply under New York Judiciary Law § 255.

Additionally, they can also access these records through the New York Statewide Criminal History Record Search (CHRS) provided by the New York State Office of Court Administration (OCA). Each record search costs $95.00. The CHRS provides disclosable records relating to open/pending and convictions in criminal cases in the state. Users can submit a request online or by mailing in a CHRS application form.

Furthermore, interested individuals can use the eCourts Portal to search and access these records online. The portal is free and allows searches for pending and disposed criminal case records by case number or party name.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Under Criminal Procedure Law § 180.70, a local criminal court judge may, with the district attorney’s consent, reduce a Class B or C felony to a lesser felony or misdemeanor if there’s no reasonable cause to believe the defendant committed the original charge but a lesser included offense.

After a grand jury indictment, the defendant may file a motion under CPL § 210.20 to dismiss the indictment on the grounds of insufficient grand jury evidence, defective grand jury proceedings, or legally defective charges. It is also possible to seek a reduction of the charge through a motion under this rule as part of a plea bargain in which the defendant pleads guilty to a lesser included offense. Additionally, the court can exercise judicial discretion, in light of certain factors, to dismiss an indictment or charge in furtherance of justice under CPL § 210.40.

Factors that influence charge reductions or dismissals include the seriousness of the case, the evidence, and the defendant’s history. Individuals facing criminal charges are encouraged to consult a lawyer.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in New York?

New York law does not provide for the expungement of felony convictions (except for certain marijuana offense convictions). However, automatic sealing is available for certain felony records under the New York Clean Slate Act (CPL § 160.57), which allows automatic sealing of eligible felony conviction records after an 8-year waiting period, provided the individual has completed any parole, probation, or post-release supervision and has no new convictions. This Act came into being in November 2024, with the state Office of Court Administration (OCA) given three (3) years (until November 16, 2027) to develop the sealing system.

All other felonies, except Class A felonies (including second-degree murder), sex offenses, violent felonies, and serious felonies, are eligible for sealing in New York.

Aside from the Clean Slate Act, sealing can happen under CPL 160.50 for dismissed, vacated, or acquitted felony case records and CPL 160.59, which allows sealing of one felony conviction after a 10-year waiting period, provided no new conviction or pending criminal case. Although these are not automatic, the defendant must do paperwork and petition the relevant court.

How Long Do Second Degree Felony Records Stay Public in New York?

In New York, most Class B or C felony records are automatically sealed under the Clean Slate Act after 8 years from sentencing or release, whichever is later, and if other conditions are met. Once sealed, these records are no longer accessible to the public. In contrast, states like Texas and Florida allow felony records to stay public indefinitely unless a petition for expungement or sealing is filed.