Felony Charges and Felony Classes in New York

A Felony is the most serious crime under the Penal Law and Vehicle and Traffic Laws

In New York State one of the classifications of crimes is a Felony.  A Felony is the most serious crime under the Penal Law, Vehicle and Traffic Laws or even a host of other laws.  A Felony is generally a crime with a state prison sentence of over a year.

Since felony charges are serious they should be handled by an experienced criminal defense attorney.  At Riebling, Proto & Sachs, LLP all of the attorneys are well versed in Criminal Law in New York State and have an in-depth understanding of felony classes and felony charges.  Our attorneys include former prosecutors who regularly practice in all Courts throughout Westchester, The Bronx, Putnam, Dutchess, Rockland and Orange Counties.  We are always available for a Free Consultation.  Protecting your legal rights is our primary concern.  

The Felony Procedure

1. The Arrest:  When charged with felony, a person is placed under arrest when they are placed into the custody of the police department.  This could be a local police department, state of federal agency.  Our advice to our clients with felony charges is to never make any statements to the police and always demand to call your lawyer at our office.

2. The Arraignment:  This is the first time the defendant is brought before a Judge and the felony charges are explained.  The Court next makes a determination regarding bail.

• Arraignment on a Felony Complaint:  In all New York State Counties except usually the 5 boroughs of New York City a Local Criminal Court may arraign a defendant however a plea is not entered at that time since a local criminal court does not have jurisdiction over Felony matter.  Bail may be set depending on the defendant’s criminal history.  In a Local Criminal Court a defendant is entitled to a Felony Hearing.

• Arraignment on an Indictment:  After a defendant is charged with felony by a Grand Jury the defendant is arraigned on the Indictment.  Bail is set and usually a pretrial motion schedule is ordered by the Court.

3. The Felony Hearing:  At a Felony Hearing also called a Preliminary Hearing the prosecution must prove to a Local Criminal Court that there exists reasonable cause to believe the defendant committed the felony.  If the defendant is incarcerated he/she may be released if the felony hearing is not conducted within approximately 5 days of the arrest.  The Pursuant to CPL 180.80.  After the felony hearing the Judge can dismiss the felony charge, find a lower crime was committed or hold the defendant for the action of the Grand Jury.

4. The Grand Jury and the Felony Charges: The District Attorney presents the felony case to a Grand Jury usually approximately 24 individuals and needs to prove that there is legally sufficient evidence to prove the felony charges against the defendant.  A Grand Jury proceeding is secret and although the defendant may testify if they choose the defense attorney is not allowed to participate.  A Grand Jury can indict or dismiss the felony charges.  If there is an indictment the defendant will be arraigned on the indictment. 

5. Pre-Trial Motions:   The defense attorney can make a variety of motions to have evidence excluded or the felony case dismissed.  On a felony charge our Law Office routinely makes motions to dismiss the felony case and suppress evidence such as identifications, statements, physical evidence, prior arrests and the basis for the arrest.  In addition to writing the motions, Felony Hearings are held prior to trial.

6. Plea Bargain:  At any time the Prosecution may offer a “Plea Deal” for the defendant charged with felony to plea guilty.  This usually is a compromise between the Prosecution and defendant to admit guilt to a lesser charge.  Our criminal attorneys at Riebling, Proto & Sachs, LLP always explore Plea Bargain options for felony charges and aggressively represent your interests. 

7. Trial:   The defendant can elect for a bench trial (Judge only) or Jury trial consisting of 12 Jurors.  At the trial the prosecution has the burden of proving the case beyond a reasonable doubt and the defendant has the opportunity to cross examine the prosecution’s witnesses and present witnesses on the behalf of the defendant.  At the conclusion of the trial the defendant will be found Not Guilty or Guilty.

8. Sentencing: If a Guilty verdict is found the defendant will be interviewed by the Department of Probation and a report will be generated to assist the Judge in their sentence determination.  A sentence could range from a conditional discharge, fines, probation, or state prison.   The sentence is based upon the facts and circumstances of the felony case and at the Judge’s discretion.

Felony Classes And Sentences

All Felonies range in classification from “A” to “E” with the “A” crimes as the most serious.  The following felony class chart is a general sentence classification it does not account for prior criminal history.  One with prior felony convictions are treated with an increased minimum and maximum sentence. 

• “A” Violent Felony: Life, 20-25 Year

• “B” Violent Felony: 5-25 Years

• “B” Non Violent Felony: 1-3 Max 25

• “C” Violent Felony: 3 ½ to 15 years

• “C” Non Violent Felony: No Jail, Probation, 1-2 years to 15 Years

• “D” Violent Felony: 2-7 Years

• “D” Non Violent Felony: No Jail, Probation 1-3 to 7

• “E” Violent Felony: No Jail, Probation, 1 ½ to 4

• “E” Non Violent Felony: No Jail, Probation 1 1/3 to 4

At Riebling, Proto & Sachs, LLP any potential felony class and sentence either after trial or as a result of a plea bargain will be analyzed and discussed in detail so that our client facing felony charges can make an informed decision.

What to Do If Charged With a Felony Crime

If you have been charged with a Felony or any crime, you should consult with an experienced criminal law attorney without delay so you can determine and protect your legal rights.

At Riebling, Proto & Sachs, LLP our attorneys have been defending individuals charged with felony and other crimes for years.  With law offices in White Plains, New Windsor, Bronx, and Brewster New York, we regularly practice in Westchester, Bronx, Rockland, Putnam, Dutchess and Orange Counties.  Contact our law firm for a free consultation.

Our criminal defense attorneys have faced every type of case from Murder to less serious violations.  We are aggressive and dedicated and always a phone call away 1.877.529.8646.