New York Felony Charges: Process, Sentencing, and Rights

A felony charge is serious, but the charge alone does not decide the outcome. The exact statute and subdivision, the evidence, a person’s record, the court’s rulings, and the sentencing law all matter. This guide explains the general New York process and the issues that commonly affect felony cases in New York City and Long Island.

What is a felony in New York?

Under New York law, a felony is an offense for which a sentence of imprisonment in excess of one year may be imposed. A class A misdemeanor carries up to 364 days in jail, and a class B misdemeanor carries up to three months. The felony-versus-misdemeanor guide compares those classifications in more detail. New York also has unclassified misdemeanors, for which the statute defining the offense sets the maximum, subject to a 364-day ceiling. 1

For the corresponding rules governing lower-level criminal charges, see the firm’s guide to New York misdemeanor charges.

A charge can change from a misdemeanor to a felony when the prosecution alleges a fact that a statute makes significant. Depending on the offense, that fact may involve an injury, property value, a weapon or dangerous instrument, a prior conviction, the alleged victim’s status, or another statutory element. The charging statute—not a label alone—controls.

For a stage-by-stage overview, see the New York criminal case timeline. To review charge categories, use the criminal-charge directory.

Felony classes and sentencing: a starting point, not a prediction

New York classifies felonies from class A through class E; class A is divided into A-I and A-II. The class matters, but it does not by itself determine the sentence. The specific offense and subdivision, whether the offense is violent, drug-related, or a sex offense, prior-record findings, and any statutory exception or alternative disposition can change the available range. 2

Felony class	Examples	Baseline maximum under the general felony statute—not a universal maximum
A-I	Murder in the second degree; kidnapping in the first degree	Life; the minimum and parole eligibility depend on the offense.
A-II	Some major drug offenses; serious non-drug offenses	Life maximum for non-drug offenses. A first felony drug offender convicted of an article 220 A-II drug felony generally faces a 3-to-10-year determinate range.
B	Robbery in the first degree; burglary in the first degree; assault in the first degree	Up to 25 years.
C	Robbery in the second degree; burglary in the second degree; grand larceny in the second degree	Up to 15 years.
D	Assault in the second degree; burglary in the third degree; grand larceny in the third degree	Up to 7 years.
E	Grand larceny in the fourth degree; certain repeat DWI offenses	Up to 4 years.

The table is only a baseline. Violent-felony, drug, sex-offense, repeat-offender, and offense-specific statutes can use a different range or sentencing structure. For example, certain class B violent offenses have a 30-year maximum; a first felony drug offender convicted of a class B drug felony ordinarily faces 1 to 9 years, or 2 to 9 years for specified school-ground or child-sale offenses, rather than the general class B maximum. 3 5

Life without parole is authorized or required only for specified offenses and offenders. It is not the standard sentence for every class A felony. The statutory framework includes particular first-degree-murder, aggravated- and specified second-degree-murder, terrorism, and chemical or biological weapon offenses, with important age and offense distinctions. 3

Violent felonies: ordinary prison ranges and important exceptions

For a person not subject to repeat-felony sentencing, when the court imposes a determinate state-prison sentence for a violent felony, the ordinary ranges are as follows:

Class	Ordinary determinate range	Important qualification
B violent felony	5 to 25 years	Class B violent convictions ordinarily require prison; named offenses can have a different maximum.
C violent felony	3½ to 15 years	Class C violent convictions ordinarily require prison; named offenses can have a different maximum.
D violent felony	2 to 7 years	Some D-felony statutes authorize narrower alternatives or have different rules.
E violent felony	1½ to 4 years	Offense-specific alternatives and exceptions may apply.

These ranges are not a promise of either prison or a particular term. Class D and E dispositions, specified weapon cases, domestic-violence alternative sentencing after required findings, repeat-offender rules, and named offenses can materially change the result. 4

Prior convictions, non-prison dispositions, and supervision

A prior conviction does not automatically make someone a predicate felony offender. The law examines the prior offense’s elements, timing, time excluded for incarceration, the current charge, and formal predicate-offender procedures. “Second felony offender,” “second violent felony offender,” “persistent felony offender,” and “persistent violent felony offender” are separate statutory categories with different requirements and consequences. 6

Non-prison dispositions remain available for some felony convictions, especially some nonviolent class D and E offenses, but eligibility is charge- and record-specific. Where authorized, a court may impose probation or conditional discharge. A felony jail-and-supervision sentence has statutory limits, including a jail component of no more than six months when that particular combination is authorized. 7

Every determinate sentence includes a court-pronounced period of post-release supervision. Its duration depends on the offense and sentencing statute. Indeterminate and definite jail sentences are governed differently. 8

How an assault allegation can become a felony

Assault is one example of why the statutory elements matter. For a charge-specific overview, see what happens after an assault arrest in New York. Assault in the third degree under Penal Law § 120.00 is a class A misdemeanor. One theory requires intent to cause physical injury and actual physical injury to the intended person or a third person. Other third-degree theories involve reckless physical injury or criminally negligent injury by a deadly weapon or dangerous instrument. 9

Assault in the second degree under Penal Law § 120.05 is a class D violent felony. Common charging theories include the following:

• Serious physical injury. The prosecution alleges intent to cause serious physical injury and the causing of that injury. “Serious physical injury” means physical injury that creates a substantial risk of death, or causes death, serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a bodily organ. Not every painful injury or every course of medical treatment reaches that statutory threshold. 9
• Deadly weapon or dangerous instrument. The prosecution alleges intent to cause physical injury, actual physical injury, and causation by means of a deadly weapon or dangerous instrument. Possession, display, or threatened use alone does not establish this particular subdivision; physical injury by means of the item is an element. 9
• Specified workers or circumstances. Physical injury to certain public-facing workers can also be second-degree assault. The protected role, the required intent, duty status, work location, and statutory exclusions depend on the charged subdivision. Job title alone does not establish the charge. 9

A dangerous instrument can be an instrument, article, or substance, including a vehicle, that is readily capable of causing death or other serious physical injury in the circumstances of actual, attempted, or threatened use. An ordinary object can qualify, but no item is a dangerous instrument merely because of its label or ordinary potential. 37

If a court imposes a determinate state-prison sentence for a second-degree-assault conviction on a person who is not subject to repeat-felony sentencing, the ordinary range is 2 to 7 years, followed by 1½ to 3 years of post-release supervision. The statute permits narrower alternatives in specified circumstances, including certain definite or intermittent-imprisonment dispositions; probation alone is not a lawful sentence for a § 120.05 conviction. Repeat-offender rules can change the range. 4 10

The New York felony process

Felony complaint and arraignment

A felony case often follows an arrest, but a criminal action formally begins when an accusatory instrument is filed. A felony complaint begins a local-court case; it is not itself the instrument on which a felony may be prosecuted. In New York City, felony arraignments and preliminary hearings are generally held in Criminal Court. In Nassau and Suffolk, they are commonly held in District Court, although another local criminal court may have preliminary felony jurisdiction. 11

At arraignment, the court provides the charge and a copy of the complaint, advises the person of counsel and a prompt preliminary-hearing right, and issues a securing order. Release on recognizance or non-monetary conditions is the general starting point; bail or remand is available only in the circumstances the Criminal Procedure Law identifies. 12

For a focused explanation of the first appearance, read the New York arraignment guide. The criminal-case timeline’s arraignment section also explains release and bail in procedural context.

Grand-jury action and the 180.80 release rule

If an arraigned person has an undisposed felony complaint involving an offense that is the subject of a prospective or pending grand-jury proceeding, the district attorney must give the person or counsel notice and a reasonable time to request grand-jury testimony. That notice is not an automatic requirement in every arraignment. 13

For a person held in custody, CPL 180.80 may require release on recognizance on the person’s application after more than 120 hours in custody, or more than 144 hours if a Saturday, Sunday, or legal holiday occurred during custody. The rule has statutory exceptions, including disposition of the complaint, commencement of a preliminary hearing, delay caused or consented to by the defense, a written certification that an indictment was voted, a filed indictment or direction to file a prosecutor’s information, or compelling good cause. Release under CPL 180.80 does not dismiss the charge. 14

If a person has been held for grand-jury action and remains in custody, a separate CPL 190.80 rule may require release on the person’s application after more than 45 days without a specified grand-jury action or disposition; the period is 30 days for a juvenile or adolescent offender. That rule has statutory delay and good-cause exceptions, and release does not dismiss the case. 44

Subject to the constitutional waiver procedure discussed below, felony prosecution generally requires an indictment. A grand jury has 16 to 23 members; at least 16 must be present, and at least 12 must concur in an indictment. A vote and a filed indictment are different procedural events. 15 39

A grand jury that does not indict may dismiss a charge, direct a prosecutor’s information for an eligible non-felony offense, or take another action authorized by law. A dismissed charge may be resubmitted only with court authorization, and a second dismissal bars another submission. 16

Should a person testify before the grand jury?

A person whose charge is being, about to be, or has been submitted to a grand jury may request to testify by giving the district attorney written notice before an indictment or direction to file a prosecutor’s information is filed. An arraigned person with a pending related felony complaint receives the notice and reasonable opportunity described above. 13

To testify, the person must sign and swear to a waiver of immunity and give relevant, competent evidence under oath. The prosecutor may examine the witness, and retained or assigned counsel may be present to advise the witness. Testimony may later be used subject to the applicable law and rules of evidence. Because the risks and potential benefits depend on the proof and the person’s account, this decision is highly case-specific. 17

The felony complaint and Grand Jury section of the criminal-case timeline explains how this stage fits into the broader case.

Indictment, superior-court arraignment, and discovery

After an indictment is filed, the person is arraigned in the appropriate superior court. In New York City, felony indictments generally proceed in Supreme Court. In Nassau and Suffolk, they normally proceed in County Court. Discovery may already have begun after arraignment on the felony complaint and then continues under the applicable Criminal Procedure Law rules. The case may proceed through motions, hearings, negotiations, and, if necessary, trial. 18

For court-location and jurisdiction context, review New York State and federal criminal courts. This article addresses New York State felony procedure; federal charges follow different statutes and rules.

Trial and possible resolutions

A felony trial jury ordinarily has 12 jurors. The New York criminal jury-trial guide explains the trial sequence in greater detail. The court may also select alternates, ordinarily no more than 6; in a first-degree-murder prosecution, the court may select more. A verdict must be unanimous. A jury may return a partial verdict on counts where it has reached agreement. 19

If the court finds, after extensive deliberation, that agreement is unlikely within a reasonable time, it may discharge the jury and declare a mistrial. The prosecution may generally retry unresolved counts, subject to acquittals, partial-verdict rules, and double-jeopardy limits. 41

Except when an indictment charges murder in the first degree, a defendant may choose a judge-only trial before trial by personally signing a written jury waiver in open court. The court must approve the waiver unless it finds that the person does not fully understand its consequences or that the waiver is a procedural stratagem. 20

Not every felony complaint produces an indictment or a felony conviction. Possible paths can include dismissal, a non-felony reduction, a plea permitted by statute, or—in a qualifying case—a superior court information (SCI). An SCI requires, among other conditions, that the defendant has been held for grand-jury action, the district attorney consents, the case meets charge limits, the defendant personally executes a written waiver in open court with counsel, the court approves it, and an indictment has not yet been filed. 21

A misdemeanor or violation disposition may be available in some cases, but not all. The accusatory instrument, evidence, record, mandatory plea rules, and required prosecutorial and court consent matter. A suppression order excludes unlawfully obtained evidence; it does not automatically dismiss the case. Dismissal or reduction can be available in specified situations, including legally insufficient evidence, a qualifying speedy-trial issue, or a qualifying grand-jury defect. 22

Youthful-offender treatment and judicial diversion

Youthful-offender treatment may be available to an eligible youth, generally a person charged with conduct committed at age 16, 17, or 18, subject to statutory offense and prior-record exclusions. After conviction, the court must make a youthful-offender determination. The determination is discretionary in many cases, but a local criminal court must make the finding when CPL § 720.20(1)(b) applies. If granted, the conviction is deemed vacated and replaced by a noncriminal youthful-offender finding, with confidential records subject to statutory and court-authorized exceptions. A qualifying New York Article 720 adjudication corresponding to federal juvenile delinquency is not an INA conviction; the actual adjudication and record remain important. Official source

Judicial diversion may be available for people charged with specified qualifying felonies when alcohol or substance use contributed to criminal behavior and the court finds treatment appropriate. Eligibility, admission, and the final disposition are case-specific, and a guilty plea is ordinarily required. If the person completes the program and the agreed conditions, the disposition set when diversion began may include a misdemeanor reduction or dismissal. Unsuccessful participation can lead to termination and sentencing under the agreement. 24

The plea-negotiation and sentencing section explains how those decisions fit into a New York case. Impaired-driving classifications are addressed separately in the New York DWI guide; not every felony DWI is a class E offense.

Consequences that can continue after a felony case

A felony conviction can affect more than a sentence. The consequences below are general and often turn on the precise conviction, sentence, jurisdiction, and later relief.

• Immigration. For a noncitizen, a guilty plea or conviction—including for some offenses New York calls misdemeanors or violations—can cause removal, immigration detention, inadmissibility, or loss of eligibility for a future benefit. The result depends on the exact statute, plea and sentencing record, sentence, immigration status and history, and available relief. An aggravated-felony conviction can have especially severe consequences. Immigration-specific advice should be obtained before a plea or sentence. 25
• Employment and licensing. A felony can affect jobs and professional licenses, and some statutes impose occupation-specific bars. In many New York employment and licensing decisions, Correction Law Article 23-A prohibits denial based on a conviction alone unless the offense directly relates to the position or license or would create an unreasonable safety or property risk. The decision must be individualized; a qualifying certificate may help in some situations but does not guarantee approval. 26
• Firearms. A felony conviction usually creates serious state and federal firearm and ammunition disabilities. Narrow restoration and certificate rules exist, but they are offense- and weapon-specific. A New York certificate or sealing order does not automatically remove a federal firearm disability. 27
• Housing. A criminal record can affect private and subsidized housing, but the rules vary. In New York City, most covered housing providers may review only limited, recent convictions after a conditional offer and must follow notice and individualized-review requirements. Federal public-housing agencies have specific mandatory exclusions and additional program-specific standards; a felony is not a universal bar. 28
• Jury service and voting. Under New York law, a person with a felony conviction is not qualified for New York jury service; release alone does not automatically restore that qualification. A qualified U.S. citizen loses the New York right to register and vote only while incarcerated on a felony sentence. Voting eligibility returns on release, including release to parole or post-release supervision, if the person otherwise qualifies and registers or re-registers. 29
• Future cases. A conviction may be alleged as a predicate in a later case, but predicate status has its own statutory requirements and procedures. 6

Certificates and record sealing

Depending on the number and class of convictions, a person may seek a Certificate of Relief from Disabilities or Certificate of Good Conduct. A certificate can remove specified automatic New York legal bars and may support employment or licensing decisions. It does not erase the conviction, guarantee a benefit, or automatically resolve immigration or federal firearm consequences. 31

New York’s Clean Slate Act provides for automatic sealing of eligible convictions, but the Unified Court System has until November 16, 2027 to complete implementation. For an eligible felony, the usual waiting period is at least eight years after release from incarceration on that conviction, or sentencing if there was no incarceration, and other statutory conditions apply. Sex offenses, sexually violent offenses, and most non-drug class A felonies are excluded. Sealing limits public access; it does not vacate the conviction or automatically eliminate immigration, firearm, sentencing, restitution, or other legal consequences. CPL § 160.57

Separate and narrower court-application procedures may apply to some treatment-based drug cases or, after ten years, to people with no more than two eligible convictions and no more than one felony. The New York record-sealing guide explains those pathways in greater detail. Those procedures are distinct from Clean Slate automatic sealing. CPL § 160.57

For related information, review the firm’s criminal and immigration consequences guide.

Felony Cases in Brooklyn, Queens, Manhattan and Nassau County

A felony case usually begins with an arraignment in the local criminal court of the county where the arrest happened: the Criminal Court in New York City or the District Court in Nassau County. If the case is indicted, it continues in the county’s Supreme Court in New York City; in Nassau County, it continues in Nassau County Court, which handles indicted felonies the way Supreme Court does in New York City. Our court guides explain what to expect in each court:

• Brooklyn: Kings County Criminal Court and Supreme Court
• Queens: Queens County Criminal Court and Supreme Court, Kew Gardens
• Manhattan: New York County Criminal Court and Supreme Court, 100 Centre Street
• Nassau County: Nassau County District Court, 99 Main Street, Hempstead

We meet clients at our Brooklyn office and our Hempstead office.

Related articles: what happens at a grand jury, subpoenas in New York, and fake license plate charges.

Sharifov & Associates, PLLC

Sharifov & Associates, PLLC represents clients charged with felonies in New York State and federal courts throughout New York City and Long Island. The firm has offices in NYC and Long Island and offers criminal and immigration experience under one roof, with a team approach from grand-jury strategy through trial.

A consultation should focus on the actual charges, procedural posture, evidence, and collateral consequences.

Official sources

The following official sources provide the statutes and court guidance underlying this overview. They are not a substitute for legal advice about a particular matter.

• New York Penal Law definitions and classifications; general felony sentencing; violent-felony sentencing; drug-felony sentencing; and post-release supervision.
• New York Penal Law § 120.00 and § 120.05 assault statutes 9, statutory injury and instrument definitions, and authorized dispositions for specified class D felonies.
• New York Criminal Procedure Law definitions and commencement rules; arraignment and securing-order rules; grand-jury testimony; the CPL 180.80 custody-release rule; and grand-jury action and dismissal rules.
• New York jury, alternate-juror, and bench-trial statutes 40, superior court information requirements, youthful-offender rules, and judicial-diversion rules.
• New York Clean Slate Act statute and the New York Unified Court System Clean Slate guidance.
• New York court immigration guidance, New York Board of Elections voting guidance, New York City Fair Chance Housing guidance, and federal firearm statute.