Class D Felony Penalties – New York
Non-violent
- 1 to 3 years up to 2.3 to 7 years New York State prison (PL 60.01)
- Up to 1 year of jail (PL 60.01, 70.00)
- Probation for 3, 4, or 5 years
- A combination of jail and probation (PL 60.01, 65.00, CPL 390.30)
- Conditional or unconditional discharge (PL 60.01, 65.05, 65.20)
- Fine of up to $5,000
- $300 surcharge, $25 crime victim fee
- Restitution or reparation
- Enhanced penalties if a hate crime (PL 485.10)
Violent
- 2 to 7 years New York State prison
- 3 to 10 years post-release supervision
- Up to 1 year jail (if special circumstances met – see PL 60.01(2)(a) and 70.00(4)
- Intermittent imprisonment (see PL 60.01(2)(a)(ii) and 85.00
- Split sentence of up to 6 months jail or intermittent imprisonment up to 4 months and 10 years probation or 3 years conditional discharge. [PL 60.01(2)(d)]
- Probation for 10 years if special conditions met [P.L. 60.01(2)(a)(i) and 65.00(3)(a)(iii)]
- Conditional discharge for 3 years
- Fine of up to $5,000, surcharge of $300, crime victim fee of $25 (unless restitution or reparation has been made)
- If a sex offense, sex offender registration (SORA), HIV testing, and restriction from certain areas may apply (PL 65.10(4-a), and supplemental sex offender victim fee of $1,000
- For additional details, see P.L. 65.10(4-a), 65.05(1)(b), 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.00, 60.27(1), CPL 420.10(8), CPL 390.15, 210.16, PL 490.25(2)(a) and (b), PL 265.20(a)(5) and correction law, PL 701(2), 70.80, 70.02, 70.04, 70.06, 70.08, 70.07
* The above penalties assume no prior felony convictions within a designated period of time
