What is a Class E felony in New York? The New York criminal justice system categorizes various offenses into distinct classes, with Class E felonies being the most minor of the felony offenses. Despite its classification as the lowest level, a criminal defense lawyer will emphasize that the repercussions of committing a Class E felony can be severe and long-lasting.
Those found guilty of crimes can face up to four years of incarceration in state prison. Penalties also include up to $5,000 in fines and a criminal record that can haunt them for years to come, making it difficult to secure employment or even a place to call home. Even when first-time offenders can avoid prison time for probation or other alternative sentencing, a criminal record can still harm their entire future.
Class E felonies may be charged for offenses such as grand larceny in the fourth degree, certain drug offenses, and certain forms of assault. These types of crimes are not to be taken lightly, as they can have a devastating impact on the lives of those convicted.
Criminal Offenses That Are Class E Felonies
Class E felonies in New York are considered the lowest level of felony offenses, but they can still have severe and long-lasting consequences for those convicted. Some examples of Class E felonies in New York include the following:
- -Grand larceny in the fourth degree, PL 155.30: This crime involves stealing property valued at over $1,000. The stolen property can include items such as jewelry, cash, or electronics. For example, if a person steals a laptop from a store, that would be considered grand larceny in the fourth degree.In New York state in 2024, there were nearly 284,000 offenses of larceny, both felony and misdemeanor offenses, and over 13,000 arrests for grand larceny in the fourth degree.
- –Criminal possession of precursors of controlled substances, PL 220.60: This crime involves possessing certain substances with the intent to illegally manufacture controlled substances. There were 15 arrests in the state for this offense.
- -Criminal injection of a narcotic, PL 220.46: This crime involves knowingly possessing illegal narcotics and injecting that narcotic into another person’s body with their consent. There was one arrest for this offense in New York in 2024.
- -Criminal sale of a firearm offenses: Two offenses for the criminal sale of a firearm that are charged as Class E felonies are the criminal sale of a ghost gun in the second degree, PL 265.60, and criminal sale of a semiautomatic rifle, PL 265.66.
- –Criminal possession of a weapon on school grounds, PL 265.01-A: This crime involves possessing a weapon such as a firearm, shotgun, or rifle on a university, school, or college grounds or a school bus without the written permission of the educational institution. For example, if a person is caught carrying a concealed weapon without permission at the State University of New York, they could be charged with this crime.
- -Vehicular assault in the second degree, PL 120.03: This crime involves causing serious physical injury to another person while operating a vehicle, vessel, or snowmobile while under the influence of drugs or alcohol. The injury must have been the result of the operation of the vessel or vehicle.This also applies when someone drives under the influence, and the vehicle contains flammable, radioactive, or explosive materials, and those materials are what cause serious physical injury.
- -Criminal mischief in the third degree, PL 145.05: This crime involves intentionally damaging or destroying property, and the damage exceeds $250. This offense also applies when the damaged property is the motor vehicle of another person, the offender breaks into the vehicle with the intent of stealing property, and the offender has been convicted of criminal mischief within the prior 10 years.For example, if someone sprays paint graffiti on a building or destroys a window, and the damage is over $250, they could be charged with criminal mischief in the third degree.
- -Forgery of a vehicle identification number, PL 170.65: This crime involves covering, destroying, defacing, or altering the vehicle identification number (VIN) on any vehicle or vehicle component, other than the tires. This is also the offense of removing the VIN or affixing a VIN to a vehicle, other than what is allowed by law. It is also the offense of manufacturing, producing, or reproducing a WIN label with the intent to defraud.
Some offenses that are no longer charged as Class E felonies include criminal possession of a weapon in the fourth degree, which is charged as a Class A misdemeanor, and forgery in the second degree, which is charged as a Class D felony. Criminal mischief in the fourth degree and assault in the third degree are both Class A misdemeanors.
Violent Versus Nonviolent Class E Felonies
Violent and nonviolent felonies are classified differently under New York law and carry unique penalties as a result.
A Class E felony can lead to up to four years of imprisonment and the potential for a fixed-term sentence of one year or less for first-time offenders in specific circumstances.
If the offense is a violent offense, then there are mandatory minimum sentences for imprisonment. A violent Class E felony has a mandatory minimum sentence of one and a half years. This applies to offenses like an attempt to commit third-degree criminal possession of a weapon, aggravated sexual abuse in the fourth degree, or placing a false bomb or hazardous substance in the second degree.
FAQs
Can a Class E Felony Be Reduced to a Misdemeanor in New York?
In some cases, a Class E felony in New York may be reduced to a misdemeanor in a plea bargain or a successful appeal or a motion. However, this is not guaranteed. It will depend on the circumstances and the discretion of the judge.
Certain programs in New York allow eligible defendants to reduce their felony charges to misdemeanors upon successful completion. These can include programs for drug and mental health treatment, along with other alternatives to traditional prosecution.
What Evidence Is Needed to Convict Someone of a Class E Felony in New York?
The prosecution must present enough evidence to prove guilt beyond a reasonable doubt to convict someone of a Class E felony in New York. This may include physical evidence, witness testimony, and video or audio recordings.
The evidence needed to convict someone of a Class E felony varies depending on the crime and its circumstances. In a case of grand larceny, the prosecution would need to prove there was stolen property, its value, and that the defendant committed the theft.
Can You Expunge a Criminal Record if Convicted of a Class E Felony in New York?
In New York, it is possible to have your criminal record expunged or sealed after a conviction for a Class E felony. The process and eligibility requirements vary depending on the circumstances. A person may need to wait at least 10 years after the completion of their sentence before they can apply to have their criminal record sealed. There are some exceptions to this rule, such as when it is a nonviolent conviction or the person was a juvenile.
How Can a Criminal Defense Felony Attorney Help With a Class E Felony Charge in New York?
A criminal defense attorney can provide valuable assistance if you are facing a Class E felony charge in New York. A lawyer reviews the facts of your case, provides advice on the optimal defense strategy, helps you to understand your rights, and negotiates with the prosecutor for a plea bargain.
An attorney can also represent you in court, challenge the prosecution’s evidence, and ensure you receive a fair trial. A criminal defense attorney could get the charge reduced or dismissed.
Hire a Felony Lawyer and Contact the Law Offices of Robert Tsigler, PLLC, Today
It is necessary to seek the advice and advocacy of an experienced criminal defense attorney if you are facing a Class E felony charge in New York. When you hire a felony lawyer, they can help defend you against the serious consequences of conviction.
The attorneys at the Law Offices of Robert Tsigler, PLLC, have extensive experience handling all felony cases in New York. They can provide the legal representation you need to protect your rights. Contact us today for a consultation, and let us help you fight your criminal charges.
