The laws defining crimes and procedures in New York are complicated. Sometimes they can be pretty straightforward, other times they can be downright confusing. That is why if you or someone you know is charged with a crime you should consult with an attorney.
Each Friday, we will post a #fridayfacts dedicated to some of the more unique criminal laws in NY. Sometimes the posts will be serious, sometimes they will be funny, but they will always be informative.
This week’s #fridayfacts is dedicated to laws governing violent crimes and illegal firearms.
In NY there are three types of crimes: violations, misdemeanors, and felonies. Violations are the least serious. Felonies are the most serious. Felonies are further divided into classes—A through E—and also into violent or non-violent. The class generally determines potential minimums and maximums (e.g., most Class E felonies: up to 4 years; most Class B felonies: up to 25 years). The key difference between violent and non-violent felonies is how sentences are imposed:
- Violent felonies → determinate sentences (fixed terms).
- Non-violent felonies → indeterminate sentences (ranges, e.g., 1–3 years).
So what is a violent felony? Many are obvious (assault, rape, arson), but others involve no actual violence. A common example is Criminal Possession of a Weapon in the 2nd Degree (PL 265.03): knowingly possessing a loaded, illegal handgun (not licensed). If the handgun is loaded and you’re not allowed to carry it, it’s a Class C violent felony—even if never used—punishable by up to a fixed 15-year sentence. Compare that to Assault in the 2nd Degree (causing physical injury with a weapon), a Class D violent felony punishable by up to a fixed 7-year term.
If you are charged with any crime, violent or otherwise, talk to an experienced criminal defense attorney. The attorneys at Ianniello Anderson, P.C. have decades of experience as both prosecutors and in criminal defense handling the most serious crimes.