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Felony Arrests

In New York State unlawful possession of a controlled substance is a Class C felony. A violation of any offense defined in New York State Law shall be assessed for each such offense an additional penalties can be $1,000 or much higher for first offenders.

Remember that a second DWI arrest can be charged as a felony so legal counsel is highly recommended if this happens to be your charge. New York State grades felonies from A to E. A is the most serious and E is the least serious. Keep in mind that the least serious felony is punishable by more than one year in State Prison. Each felony is also labeled violent or nonviolent. Usually the rating of violence is related to actual violence involved in the crime but not always. Burglary in the Second Degree, for example, is considered a "violent" crime even though violence has nothing to do with Burglary in the Second Degree.

If you know the offense level of the crime you are researching, You must then know both the "grade" and whether or not it is considered violent. For example, "B violent felony" or "D nonviolent felony".

Next, you need to know the criminal history category and it is not always obvious how you are classified. Here are some guidelines:

No Priors - If you have no felony convictions ever, you may qualify for the "no priors" category. You also qualify for the "no priors" category if you have no felony convictions in the last ten years. The ten years does not begin until you are released from jail on a previous case. This can get tricky and might require a careful analysis of dates. Youthful Offender findings do not count as prior convictions. Felony convictions in other states, the Federal system, or even other countries can be considered convictions in New York. The determination with respect to non-NY convictions can be extremely complex so you must be represented by counsel.

Non-Violent Predicate - A non violent predicate is where you have been convicted of a non violent felony within the last ten years.

Violent Predicate - A violent predicate is where you have been convicted of a violent felony within the last ten years.

Persistent Felony Offenders - If you have two or more felony convictions in your past you may be a persistent felony offender that faces 'life' in prison. If a person is a persistent felony offender he or she faces 'life' in prison so you need to find out the facts by contacting my office.

For any legal questions you may have or if you feel your rights have been violated then contact me immediately.