New York Sentencing Chart

Criminal Sentences in New York

If you’ve been arrested, you want to know what you’re looking at

We understand you want to have some idea what sort of time you could face if convicted. To help give you some idea, we offer this sentencing chart. This chart may be confusing, but so is New York’s sentencing law! Our job, of course, is to make sure you are not convicted so, we hope, you never have to submit to a felony jail sentence of incarceration.

Felony Classification and Violent Crimes

Obviously, the more serious the crime the more serious the time. New York classifies felonies from E to A, with A being the most serious.

New York further classifies felonies as “violent” or “non-violent.” The Penal Law contains classifications for all felonies and is too voluminous to reproduce here, but some of the most common are as follows, all of which are classified as violent felony offenses and therefore subject to enhanced sentencing:

Class A

• Murder 1
• Murder 2
• Arson 1
• Kidnapping 1

Class B

• Kidnapping 2
• Manslaughter 1
• Rape 1
• Burglary 1
• Arson 2
• Robbery 1
• Assault 1

Class C

• Burglary 2
• Robbery 2
• Possession of a Weapon 2

Class D

• Assault 2
• Sexual Abuse 1

Types of Felony Sentences

Essentially there are two types of sentences in New York: “determinative” and “indeterminative.” Determinative sentences run for a specific period, such as eight years. Indeterminative sentences run for a range from a minimum to a maximum, such as fifteen to life.

Chart of New York Felony Sentences

To use the chart below, follow these instructions:

1. First, determine the classification of the crime you are charged with (A, B, C, etc.)
2. Second, determine whether or not it is a “violent” offense
3. Third, determine whether you have any prior felony convictions, and whether they were violent

Then, refer at the appropriate chart below:

Remember, finally, that how much of your sentence you actually serve can vary, depending on such factors as good behavior.

Note that the charts above do not apply to drug and narcotics offenses, which are subject to revision following the 2009 reform of the so-called “Rockefeller era” drug laws. These reforms give greater discretion to the sentencing judge in narcotics cases.

The foregoing is just a guide. An experienced New York criminal lawyer will be able to tell you what sentence you face. Feel free to contact Robert Reuland for a free consultation.