What Is a Class D (Third-Degree) Felony in New York?

Unlike some jurisdictions, New York classifies felonies using letters instead of a degree-based numbering system. Section 10.00(5) of the New York Penal Law defines a felony as a crime punishable by more than a 1-year prison term, while § 55.05 groups felony crimes into five Classes, ranging from Class A to Class E. Class A includes the subclasses A-I and A-II.

Third-degree felonies are mid-level offenses, and in New York, this corresponds to the Class D felony category. Although Class D felonies are less severe than Class A to Class C crimes, they are serious offenses with severe punishments. A New York Class D felony record may have lifetime repercussions if it is not sealed. Beyond the prison term, fines, and other conditions the court may impose for a Class D felony conviction in New York, the resulting criminal record may impact job opportunities, housing options, licensing, and social status.

Common Offenses That Fall Under Class D (Third-Degree) Felony Charges

New York's Class D felonies are mid-level felony crimes. While these types of crimes are not as severe as Class A, B, and C felonies, they have potential for long-term imprisonment, steep financial penalties, and permanent criminal records. According to the New York Penal Law, Class D felonies include:

• Grand larceny in the third degree
• Assault in the second degree (under certain circumstances)
• Criminal possession of a controlled substance in the fourth degree
• Burglary in the third degree
• Tampering with physical evidence.

Penalties and Sentencing for Third-Degree Felonies in New York

Third-degree or Class C felonies are serious crimes with penalties that include prison terms, fines, and other conditions the judge may impose during sentencing. However, judges do not use a one-size-fits-all approach to sentencing. The punishment for Class D felonies in New York depends on the nature of the offense, the presence of aggravating or mitigating factors, and the offender's criminal history.

Under Section 70.00 of the New York Penal Law, a Class D felony convict may spend up to 7 years in prison. Additionally, any individual guilty of a Class D felony may be liable for up to $5,000.00 in fines or twice the amount of gain resulting from the specific offense. Judges may also impose probation (§ 65.00 of the New York Penal Law) instead of incarceration, Adjournment in Contemplation of Dismissal (ACD), Conditional Discharge, or Diversion Programs (especially drug and mental health courts) for eligible offenses.

Will You Go to Jail for a Third-Degree Felony in New York?

Yes, a Class D felony in New York may result in imprisonment. Offenses within this category have the potential of up to 7 years' imprisonment. However, not all Class D felony offenses result in imprisonment. Depending on the nature and circumstances of the offense, a judge may consider rehabilitation and impose probation instead of a third-degree jail term, particularly if the offense is an eligible non-violent first-time offense that involves mitigating factors. Other options that may keep the offender out of prison include:

• Adjournment in Contemplation of Dismissal (ACD)
• Conditional Discharge
• Diversion Programs.

How Long Does a Class D (Third-Degree) Felony Stay on Your Record?

A Class D felony conviction may stay on a record indefinitely. Unlike misdemeanors and minor violation records, felony convictions in New York may remain permanently on record unless they relate to specific past marijuana-related cases.

In New York, felony records do not automatically disappear; they remain a permanent part of the owner’s criminal history if they do not take steps to seal them. Criminal records, including those of Class D felonies, are public and may have long-term impacts on their owners. These documents are accessible to all interested entities and may affect job opportunities, social status, professional licensing options, and housing options.

Nevertheless, individuals with New York Class D felony records may petition for sealing under § 160.59 of the New York Criminal Procedure Law (CPL), making the documents inaccessible to the public.

Can a Third-Degree Felony Be Sealed or Expunged in New York?

Yes, New York permits the sealing of Class D felony records, but does not allow their expungement unless the convictions relate to certain marijuana-related crimes. Sealing a Class D felony record makes it inaccessible to the public. However, the record remains accessible to the convicted person, law enforcement, the courts, and authorized agencies such as the New York State Division of Criminal Justice Services (DCJS) and the gun licensing authority.

Under § 160.59 of the New York Criminal Procedure Law, an individual with no more than two felony convictions may petition the courts to seal one if the conviction is not:

• A violent crime or Class A felony
• Sex-related offense
• A crime against a child or public official.

Petitioners must also observe at least a 10-year waiting period from the date of their conviction or release from incarceration, whichever is later.

Unlike sealing, expungement destroys a record to make it non-existent. A person with an expunged criminal record may legally claim that they were never convicted.

However, expungement of felony records in New York remains rare. Only records of marijuana-related crimes that recent reforms legalized or decriminalized are expungeable in the state.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

First, second, and third-degree felonies correspond to Classes A and Class B, C, and D felonies under New York's felony classification system. Crimes within each group vary in severity and penalties.

Class A and Class B felonies (first-degree): These groups of felonies are the most serious categories of crimes, and are comparable to first-degree felonies in states that use the degree-based numbering system. Crimes in Class A and Class B felony groups involve extreme violence, serious bodily harm (even death), and significant property damage. The penalties for Class A and Class B felonies in New York may range up to life imprisonment for Class A and 25 years for Class B, in addition to fines of up to $100,000.00. Offenses in the Class A and Class B felony categories include:

Class A

• Murder in the first degree
• Murder in the second degree
• Operating as a major drug trafficker

Class B felonies

• Manslaughter in the first degree
• Rape in the first degree
• Robbery in the first degree.

Class C felonies (second-degree) - In New York, second-degree felonies refer to Class C felony crimes. These are crimes that harm the victims or are serious risks to others, but are less severe than Class A and Class B felonies. The penalties for some crimes in the Class B felony category may range up to 15 years imprisonment, and fines of up to $30,000.00. Examples of Class C felonies in New York include:

• Assault in the second degree
• Burglary in the second degree
• Grand larceny in the second.

Class D felonies (third-degree) - Class D felonies in New York are equivalent to third-degree felonies in states like Florida and Pennsylvania. Although not as serious as Classes A, B, C, and D felonies, a conviction for certain crimes in this felony results in imprisonment of up to 7 years, in addition to fines that range up to $5,000.00. New York's Class D felonies include:

• Grand larceny of the third degree
• Criminal possession of a weapon in the third degree
• Forgery in the second degree.

How to Look Up Third-Degree Felony Records in New York

Several resources are available for accessing felony records in New York. Criminal records are public in New York unless they are sealed, expunged, have judicial restrictions on public access, or are juvenile records. Individuals seeking access to Class D felony records in New York may access them as part of Court records through the New York State Unified Courts Criminal Case Lookup System. Interested individuals may create eTrack accounts and use the details to log in to the search portal to access criminal records, including felony those on Class D felonies. Most felony trials in New York begin at the county level. Record seekers should identify the New York City Supreme Court or New York County Court that handled the specific Class D felony, visit the clerk's office, and request access to the case files.

Individuals may access Class D felony records in New York through the Criminal History Record Search (CHRS). For a $95.00 fee per request, interested individuals may create CHRS accounts and submit online requests for background checks. Requesters may also complete Criminal History Record Search (CHRS) Application Forms and mail them to:

NYS Office of Court Administration
Division of Technology and Court Research
Criminal History Record Search Unit
25 Beaver Street (Room 940),
New York,
NY 10004
Email: CHRS@nycourts.gov.

New York's Class D felony records may also be accessible online through third-party websites. However, information seekers should note that there are no guarantees on the authenticity and accuracy of documents from non-official sources.

Probation and Parole for Class D (Third-Degree) Felony Offenders

In New York, an individual who pleads guilty to a Class D felony may be eligible for probation under certain conditions. Under § 65.00 of New York Penal Law, a judge may impose probation of up to 5 years and place a defendant under the supervision of the New York State Division of Probation and Correctional Alternatives (DPCA) for a non-violent Class D felony if the offender agrees to counseling or treatment, avoid particular associates, and regular check-ins with probation officers. Probation and deferred adjudication programs are alternatives to prison sentences where the court places offenders under community supervision with strict conditions.

Parole allows for the early release of convicts from prison after they serve part of their prison sentences. In New York, a Class D felon serving an indeterminate sentence may qualify for parole after serving the minimum term. For instance, an individual serving a 2.5 to 7-year prison term for non-violent burglary may be eligible for parole after 2.5 years. Notwithstanding eligibility, the New York State Department of Corrections and Community Supervision (DOCCS) considers the offender's behavior and rehabilitation before granting parole to eligible inmates.