Understanding Violent vs Non-Violent Crimes in New York Criminal Law

Understanding Violent vs Non-Violent Crimes in New York Criminal Law

When it comes to criminal offenses in New York, one of the most important distinctions is between violent and non-violent crimes. This distinction can have a major impact on the charges, potential sentences, and other legal consequences for a defendant. In this article, we’ll break down the key differences between violent and non-violent crimes under New York criminal law, look at some examples of each, and discuss why the classification matters.

What Makes a Crime Violent Under New York Law?

In New York, a violent felony offense is defined by the state penal code as any crime that involves the use or threatened use of physical force against another person. This includes both completed crimes and attempts to commit a violent crime. Here are some of the main categories of violent felonies in New York:

• Murder and non-negligent manslaughter
• Forcible rape and sexual assault
• Robbery
• Kidnapping
• Arson
• Assault and battery
• Burglary of a dwelling

The key common factor is the actual, attempted, or threatened use of physical force against another person without their consent. Threatening someone with a weapon like a gun or knife also makes a crime violent in New York, even if no physical harm occurs.

Examples of Violent Felony Offenses

Here are some examples of charges that would likely be considered violent felonies under New York criminal law:

• Aggravated assault – Assault with a deadly weapon or resulting in serious physical injury
• Robbery in the first degree – Armed robbery or involving physical injury
• Burglary in the first degree – Unlawful entry into a dwelling with intent to commit a crime, while armed or causing injury
• Kidnapping in the first degree – Abducting a victim under age 16 or through use of force
• Arson in the first degree – Intentionally damaging a building by starting a fire and recklessly endangering lives

The degree of the charge often depends on factors like the use of a weapon, the extent of injury or harm caused, or the vulnerability of the victim.

What Makes a Crime Non-Violent in New York?

In contrast, non-violent felonies are those that do not involve the use, attempted use, or threatened use of physical force against another person. Some examples of non-violent felony charges in New York include:

• Drug possession and trafficking offenses
• Burglary of a non-dwelling
• Grand larceny (theft above a certain dollar value threshold)
• Identity theft and financial fraud crimes
• Most instances of bribery and corruption
• Criminal tax evasion
• Money laundering
• Criminal possession of stolen property

While these crimes can still be very serious, they are considered non-violent because they do not inherently involve physical harm or force against a person. However, some charges like burglary and drug trafficking may be elevated to violent felonies if there are aggravating factors like weapon possession or assault.

Why the Classification Matters

New York law treats violent and non-violent felonies very differently in terms of sentencing, probation eligibility, and other consequences. Some key implications include:

• Sentencing – Violent felonies carry much harsher prison sentences. For example, a class B non-violent felony has a maximum sentence of 25 years, while the same class B violent felony can be punished by up to life in prison.
• Probation – Most violent felony convictions include mandatory prison time, while non-violent offenses are more likely to allow sentences of probation.
• Parole – More stringent standards exist for violent felony offenders to be released on parole.
• Plea Deals – Prosecutors are less likely to offer plea bargains reducing charges for violent crimes.
• Bail – Courts can impose higher bail amounts for defendants charged with violent felonies.
• Gun Ownership – Those convicted of violent felonies lose the right to legally possess firearms.

The classification also affects available defenses; for example, self-defense can justify certain violent acts but typically does not apply to non-violent offenses like fraud or drug crimes. Given the severe consequences of violent felony convictions, criminal defendants have a strong incentive to seek plea deals or trial strategies that reduce charges to non-violent offenses when possible.

Specific Violent Crime Defenses in New York

When facing violent felony charges like assault, robbery, or homicide in New York, some defenses that may apply include:

• Self-Defense – Using reasonable physical force to protect yourself or others from harm. This can justify assault but likely not excessive force. See NY Penal Law §35.15.
• Defense of Premises – Using necessary force to prevent trespassing or criminal interference with property. See NY Penal Law §35.20.
• Extreme Emotional Disturbance – Committing a violent act under the influence of an extreme mental or emotional condition that obscured judgment. This can reduce a murder charge to first-degree manslaughter. See NY Penal Law §125.25.
• Diminished Capacity – Lacking the mental capacity to form the specific criminal intent required for a violent offense due to mental defect or intoxication. This may reduce the degree of charge. See NY Criminal Jury Instructions.

An experienced New York criminal defense attorney can assess whether these or other defenses might apply to a specific violent crime case.

Non-Violent Crime Defenses in New York

While defenses like self-defense and diminished capacity may also sometimes apply, common defenses to non-violent felony charges include:

• Lack of Criminal Intent – Many non-violent crimes like fraud require proving the defendant acted intentionally rather than by accident or mistake.
• Entrapment – When police improperly induced or coerced the defendant into committing a crime like selling drugs.
• Statute of Limitations – Prosecution initiated after the expiration of the statutory time limit for that offense.
• Illegal Search and Seizure – Seeking to exclude evidence obtained in violation of the defendant’s Fourth Amendment rights.
• Misidentification – Mistaken accusation or identity theft resulting in false charges.

Skilled defense lawyers will pursue every viable strategy to contest non-violent felony charges and achieve the most favorable outcome possible.

Takeaways

The classification of a crime as violent or non-violent has major implications for the defense, potential penalties, and collateral consequences if convicted. While both types of felonies should be treated very seriously, New York law draws some clear distinctions. Understanding these differences is critical for anyone facing criminal prosecution in New York to appreciate their situation and options. With an experienced attorney’s help, even very serious violent felony charges may potentially be overcome or mitigated through an effective defense.

Sources:

• NY Penal Law §70.02 – Sentencing and Authorized Terms of Imprisonment
• NY Senate Bill S150 – Changes to Sentencing Laws for Violent Felonies
• NY Criminal Jury Instructions – Justification Defenses
• NY Criminal Procedure Law §410.91 – Plea Bargaining Limits for Violent Felonies