|Here4U @ CohensLawFirm.com|

Practice Areas

Click on an item below to see more information about it.

Violent Crimes

In the state of New York, a violent felony is defined as “any crime punishable by imprisonment for a term exceeding one year . . . that (i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” United States v. Thrower, 2009 U.S. App. LEXIS 22484, 4-5 (2d Cir. N.Y. Oct. 14, 2009).

New York State takes violent crimes particularly seriously and imposes some of the harshest punishments in the Penal Law. Many of these offenses not only require a mandatory term of imprisonment, but a term of post release supervision or parole. If you or a loved one has been charged with a crime call Jeffrey Cohen at 718-275-5900 with over 14 years experience in Queens, Manhattan, Bronx, Brooklyn, Nassau and Suffolk Counties.

New York separates Violent Felonies into five different categories depending on their severity. The following is a description of the penalties with regards to Violent Crimes in the State of New York:

OffenseSentence
‘A’ Violent FelonyLife, 20-25 years imprisonment
‘B’ Violent Felony5-25 years imprisonment
‘C’ Violent Felony3 1/2 to 15 years imprisonment
‘D’ Violent Felony2-7 years imprisonment
‘E’ Violent FelonyNo Jail, Probation, 1 1/2 to 4 years

The State of New York law also allows for a sentence of life imprisonment without the possibility of parole.

The above violent felony sentencing chart is a general sentence classification and does not account any additional factors involved in sentencing. Judges also take into consideration: Prior Convictions, Non-Violent Predicate, Violent Predicate, Persistent Felony Offender, Juvenile Offender, Youthful Offender and many others. for prior criminal history. An individual with prior felony convictions is treated with an increased minimum and maximum sentence.

The following is a description of each violent felony in New York along with the Penal Law section, which defines the elements of each crime. Click on the appropriate Penal Law Section to read the specifics of each offense.

CLASS B VIOLENT FELONIES

CHARGEPENAL LAW
Gang assault in the first degree120.07
Assault in the first degree120.10
Aggravated assault upon a police officer or a peace officer120.11
ATTEMPTED murder in the second degree125.25
Manslaughter in the first degree125.20
Aggravated manslaughter in the first degree125.22
Rape in the first degree130.35
Criminal sexual act in the first degree130.50
Aggravated sexual abuse in the first degree130.70
Course of sexual conduct against a child in the first degree130.75
Kidnapping in the second degree135.20
ATTEMPTED kidnapping in the first degree135.25
Burglary in the first degree140.30
Arson in the second degree150.15
ATTEMPTED Arson in the first degree150.20
Robbery in the first degree160.15
Intimidating a victim or witness in the first degree215.17
Incest in the first degree255.27
Criminal possession of a weapon in the first degree265.04
Criminal use of a firearm in the first degree265.09
Criminal sale of a firearm in the first degree265.13
Hindering prosecution of terrorism in the first degree490.35
Criminal possession of a chemical weapon or biological weapon in the second degree490.40
Criminal use of a chemical weapon or biological weapon in the third degree490.47

CLASS C VIOLENT FELONIES

CHARGEPENAL LAW
ATTEMPT to commit any class b violent felonyB Violent
Aggravated criminally negligent homicide125.11
Aggravated manslaughter in the second degree125.21
Aggravated sexual abuse in the second degree130.67
Assault on a peace officer, police officer, fireman or emergency medical services professional120.08
Assault on a judge120.09
Gang assault in the second degree120.06
Strangulation in the first degree121.13
Burglary in the second degree140.25
Robbery in the second degree160.10
Criminal possession of a weapon in the second degree265.03
Criminal use of a firearm in the second degree265.08
Criminal sale of a firearm in the second degree265.12
Criminal sale of a firearm with the aid of a minor265.14
Aggravated criminal possession of a weapon265.19
Soliciting or providing support for an act of terrorism in the first degree490.15
Hindering prosecution of terrorism in the second degree490.30
Criminal possession of a chemical weapon or biological weapon in the third degree490.37

CLASS D VIOLENT FELONIES

CHARGEPENAL LAW
ATTEMPT to commit any class c violent felonyC Violent
Reckless assault of a child120.02
Assault in the second degree120.05
Menacing a police officer or peace officer120.18
Stalking in the first degree120.60
Strangulation in the second degree121.12
Rape in the second degree130.30
Criminal sexual act in the second degree130.45
Sexual abuse in the first degree130.65
Course of sexual conduct against a child in the second degree130.80
Aggravated sexual abuse in the third degree130.66
Facilitating a sex offense with a controlled substance130.90
Intimidating a victim or witness in the second degree215.16
Falsely reporting an incident in the first degree240.60
Placing a false bomb or hazardous substance in the first degree240.62
Placing a false bomb or hazardous substance in a sports stadium or arena,
mass transportation facility or enclosed shopping mall
240.63
Criminal possession of a weapon in the third degree265.02
Criminal sale of a firearm in the third degree265.11
Aggravated unpermitted use of indoor pyrotechnics in the first degree405.18
Soliciting or providing support for an act of terrorism in the second degree490.10
Making a terroristic threat490.20

CLASS E VIOLENT FELONIES

CHARGEPENAL LAW
Persistent sexual abuse130.53
Aggravated sexual abuse in the fourth degree130.65
Falsely reporting an incident in the second degree240.55
Placing a false bomb or hazardous substance in the second degree240.61
ATTEMPT to commit criminal possession of a weapon in the third degree
subdivision five, six, seven or eight
265.02

WHAT SHOULD YOU DO IF YOU ARE CHARGED WITH A VIOLENT CRIME?

Being charged with a violent crime in New York is a life changing event- even if you are innocent. Once charged, you are bound to be dragged through the Criminal Justice System. It is highly unlikely that you will be able to navigate through these murky waters without an experienced Criminal Defense Attorney.

Violent Crimes are very complex and contain many elements. Every single stage of the criminal process is important- whether it is an arraignment or a trial by jury. It is important that you are competently represented from the very beginning in order to develop the best defense. Mr. Cohen has compassionately represented hundreds of individuals charged with various violent felonies.

___________________________________________________________________________________________________________________

Call 718-275-5900 for more information about Violent Crime Cases in New York or to schedule your free consultation with a New York Criminal Defense lawyer from The Law Office of Jeffrey D. Cohen.