Class E Felony Penalties – New York
- 1.5 to 4 years New York State prison
- 1.2 to 3 years post-release supervision
- Up to 1 year jail if conditions met (see PL 60.01, 70.00)
- Intermittent imprisonment
- Split sentence including jail (definite sentence or up to 4 months intermittent) and 3, 4, or 5 years probation or 3 years of conditional discharge
- Probation for 10 years if confinement not necessary for the protection of the public, the defendant is in need of guidance, training or other assistance which can be administered through probation supervision, and probation is just under the circumstances PL 60.01(2), 65.00(3)
- Conditional discharge for 3 years if the court having regard for the facts and nature of the offense and history, character, and condition of the defendant, is of the opinion that neither the public interests nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate. PL 60.01, 65.05.
- Unconditional discharge if the court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release. PL 60.01, 65.20.
- Fine of up to $5,000 and $50 DNA fee
- Mandatory Surcharge of $300 and crime victim assistance fee of $25 (unless restitution or reparation has been made). PL 60.35
- If the victim was under 18 at the time of the offense or if the defendant was designated a level 3 sex offender (SORA), any sentence of probation must include a restriction from school grounds or any other similar facility. PL 65.10(4-a)
- If a sex offense, sex offender registration (SORA) is required, a supplemental sex offender victim fee of $1,000, and the court may order HIV testing
- If domestic violence committed by the victim against the defendant was a factor, the court can impose an indeterminate term of 3 (max) to 4 years (max) with a minimum term of 50% of the maximum term so the lowest such sentence would be 1.5 years to 3 years. PL 60.12.
- See PL 70.80, 70.02, 70.04, 70.06, 70.08, 70.07, 490.25, 265.20 and corrections law 701(2) for additional details.
* The above penalties assume no prior felony convictions within a designated period of time
