In the bustling metropolis of New York, the 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, the repercussions of committing a Class E felony can be severe and long-lasting. Those found guilty of crimes, such as grand larceny in the fourth degree, certain drug offenses, and certain forms of assault, can face up to four years of incarceration 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. These types of crimes are not to be taken lightly, as they can have a devastating impact on the lives of those convicted.
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: 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.
- –Criminal possession of a controlled substance in the fifth degree: This crime involves possessing a controlled substance such as cocaine, heroin, or methamphetamines. For example, if a person is found to have a small amount of cocaine in their possession, they could be charged with this crime.
- –Criminal Sale of a Controlled Substance in the fifth degree: This crime involves selling or offering to sell a controlled substance such as marijuana, cocaine, or methamphetamines. For example, if a person is caught selling a small amount of marijuana, they could be charged with this crime.
- –Criminal Sale of a Firearm in the fourth degree: This crime involves selling or possessing a firearm with the intent to sell it. For example, if a person is caught selling a firearm without proper licensing, they could be charged with this crime.
- –Criminal Possession of a Weapon in the fourth degree: This crime involves possessing a weapon such as a firearm, switchblade knife, or a martial arts weapon with the intent to use it unlawfully against another person. For example, if a person is caught carrying a concealed weapon without a permit, they could be charged with this crime.
- –Assault in the third degree: This crime involves causing physical injury to another person with intent, recklessness, or criminal negligence. For example, if a person intentionally hits another person with a closed fist, they could be charged with assault in the third degree.
- –Criminal mischief in the fourth degree: This crime involves intentionally damaging or destroying property. For example, if someone spray paints graffiti on a building, they could be charged with criminal mischief in the fourth degree.
- –Forgery in the second degree: This crime involves falsely making, completing, or altering a written instrument with the intent to defraud. For example, if a person alters a check and attempts to cash it, they could be charged with forgery in the second degree.
Q: Can a Class E Felony Be Reduced to a Misdemeanor in NY?
A: In some cases, a Class E felony in New York may be reduced to a misdemeanor as part of a plea bargain or as a result of a successful appeal or motion. However, this is not a guaranteed outcome and will depend on the specific circumstances of the case and the discretion of the judge or prosecutor. Certain programs in New York allow eligible defendants to have their felony charges reduced to misdemeanors upon successful completion of the program. These are generally diversionary programs and can include programs for drug and mental health treatment, along with other alternatives to traditional prosecution.
Q: What Evidence Is Needed To Convict Someone of a Class E Felony in NY?
A: 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 typically includes a combination of physical evidence, witness testimony, and other forms of evidence, such as video or audio recordings. The specific type and amount of evidence needed to convict someone of a Class E felony will vary depending on the crime and the circumstances of the case. For example, in a case for grand larceny in the fourth degree, the prosecution would need to present evidence of the stolen property, the value of the property, and proof that the defendant committed the theft.
Q: Can You Expunge a Criminal Record if Convicted of a Class E Felony in New York?
A: In New York, it is possible to have your criminal record expunged or sealed after a conviction for a Class E felony, but the process and eligibility requirements can vary depending on the specific circumstances of the case. Generally, a person must wait at least ten years after the completion of their sentence, including probation or parole, before they can apply to have their criminal record sealed. However, there are some exceptions to this rule, such as when the conviction is for a non-violent crime or if the person was a youthful offender.
Q: How Can a Criminal Defense Attorney Help With a Class E Felony Charge in New York?
A: A criminal defense attorney can provide valuable assistance if you are facing a Class E felony charge in New York. A lawyer can review the facts of your case and provide advice on the best defense strategy, help you to understand your rights, and negotiate with the prosecutor for a plea bargain or other favorable outcome. An attorney can also represent you in court, challenge the prosecution’s evidence and ensure you receive a fair trial. In some cases, a criminal defense attorney may be able to get the charge reduced or dismissed. All of these services can help you obtain a more favorable outcome in your case.
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. 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.