What Qualifies as a Violent Felony in New York? Consequences
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What Qualifies as a Violent Felony in New York? Consequences
In New York state, violent felonies are defined as certain serious offenses that involve the use or threat of physical force. These crimes carry strict penalties and can have long-lasting impacts on someone’s life.
What Crimes Are Considered Violent Felonies?
The following crimes are classified as violent felonies in New York:
- Murder
- Manslaughter
- Kidnapping
- Rape and criminal sexual acts
- Robbery
- Burglary
- Arson
- Assault charges like assault with a weapon or assault causing serious injury
- Gang assault
- Terrorism
- Hate crimes
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Some drug charges may also be considered violent felonies, such as selling large quantities of drugs near a school.
Consequences of a Violent Felony Conviction
Being convicted of a violent felony in New York can change the entire course of someone’s life. Here are some of the possible consequences:
Long Prison Sentences
Violent felonies carry lengthy prison sentences – typically at least 4-25 years in state prison for a single offense. Those with an extensive criminal history may face even longer sentences through enhanced penalty statutes.
Persistent Violent Felony Offender Status
If someone is convicted of 2+ violent felonies in New York over the course of their criminal history, they face sentencing as a “Persistent Violent Felony Offender.” This subjects them to very severe sentencing guidelines, including potential life imprisonment.
Parole Supervision
In addition to prison time, most people convicted of violent felonies face a term of post-release supervision similar to parole when they are released from prison. This involves strict monitoring by a parole officer for years.
Loss of Rights/Privileges
A violent felony conviction leads to losing certain rights and privileges, sometimes permanently. This can include:
- Gun ownership rights – Federal and state law prohibit gun ownership after a felony.
- Voting rights – People in prison on a felony lose the ability to vote and must go through a process to get rights restored.
- Employment issues – It becomes very difficult to find a job. Most applications require disclosing convictions.
- Housing issues – Public housing and private landlords often deny housing to felons.
- Immigration issues – If the person is not a U.S. citizen, they face deportation after completing the prison sentence.
Sex Offender Registration
Those convicted of certain violent sex offenses have to register on the sex offender registry. This requires regular reporting and places major restrictions on residency and activities.
Defense Against Violent Felony Charges
The severe penalties for violent felonies make it critical to mount an aggressive legal defense when facing charges. Strategies may include:
- Challenging the validity of arrests and evidence
- Contesting witness accounts
- Using expert testimony to argue self-defense/mental state
- Seeking dismissal of charges due to procedural errors
- Negotiating reduced charges through plea agreements
Given what is at stake, securing experienced criminal defense counsel is extremely important when facing violent felony allegations. The code of laws is complex, but an attorney can help navigate the system and work toward the best possible outcome.
If you or a loved one have been accused of a violent felony crime in New York, don’t delay seeking legal help. The sooner an attorney can get involved, the better positioned they will be to protect rights and liberties moving forward.