Charges and sentences
Felony and misdemeanor classes in New York
New York sorts felonies into classes A-I, A-II, B, C, D and E, and misdemeanors into Class A, Class B and unclassified. Violations are lesser offenses that are not crimes and carry at most 15 days in jail. Class A is the most serious felony class and Class E the least.1
Checked October 29, 2026 against New York's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In New York, a felony is an offense for which a sentence of more than one year in prison may be imposed.1
- Felony theft starts at
- More than $1,000How theft is graded
- When impaired driving is a felony
- A DWI-type conviction within 10 years of an earlier one is a class E felony. With two earlier convictions within 10 years it is a class D felony. Three or more earlier convictions within 15 years is also a class D felony.2
Felony classes in New York
From most to least serious: Class A-I, Class A-II, Class B, Class C, Class D, Class E. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class A-I felony | Life in prison; the minimum before parole is 15 to 25 yearsSome first-degree murder and attempted murder cases have different minimums or life without parole. | Up to $5,000, or double the gain from the crime if higher | N.Y. Penal Law § 70.00(2)(a), (3)(a)(i)3 |
| Class A-II felony | Life in prison; the minimum before parole is 3 years to 8 years 4 monthsDrug felonies in Penal Law articles 220 and 221 are sentenced under separate rules. Predatory sexual assault has a higher minimum. | Up to $5,000, or double the gain from the crime if higher | N.Y. Penal Law § 70.00(2)(a), (3)(a)(ii)3 |
| Class B felony | Maximum term up to 25 yearsThe minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes). | Up to $5,000, or double the gain from the crime if higher | N.Y. Penal Law § 70.00(2)3 |
| Class C felony | Maximum term up to 15 yearsThe minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes). | Up to $5,000, or double the gain from the crime if higher | N.Y. Penal Law § 70.00(2)3 |
| Class D felony | Maximum term up to 7 yearsThe minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes). | Up to $5,000, or double the gain from the crime if higher | N.Y. Penal Law § 70.00(2)3 |
| Class E felony | Maximum term up to 4 yearsThe minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes). | Up to $5,000, or double the gain from the crime if higher | N.Y. Penal Law § 70.00(2)3 |
Misdemeanor classes in New York
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 364 days | Up to $1,000 | N.Y. Penal Law §§ 70.15(1), 80.05(1)6 |
| Class B misdemeanor | Up to 3 months | Up to $500 | N.Y. Penal Law §§ 70.15(2), 80.05(2)6 |
| Unclassified misdemeanor | As set by the law that defines the crime, but never more than 364 daysAn offense outside the Penal Law that is called a misdemeanor but has no class or sentence counts as a Class A misdemeanor. One that sets its own jail term of more than 15 days and up to 1 year is an unclassified misdemeanor (Penal Law § 55.10). | As set by the law that defines the crime | N.Y. Penal Law §§ 70.15(3), 80.05(3)6 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Violation | Up to 15 days in jail; fine up to $250A violation is an offense with a maximum of 15 days in jail. Traffic infractions are a separate category. | N.Y. Penal Law §§ 10.00(3), 70.15(4), 80.05(4)6 |
Good to know
People sentenced for a violent felony offense, including as a repeat felony, get a fixed (determinate) prison term plus post-release supervision instead of a minimum-and-maximum term. As the law now reads, this rule in § 70.00(6) is repealed on Sept. 1, 2027, and class B and C violent felonies then return to minimum-and-maximum sentences.3
Drug felonies in Penal Law articles 220 and 221 are sentenced under their own rules and have their own fine schedule: up to $100,000 for A-I, $50,000 for A-II, $30,000 for B and $15,000 for C.4
Felony fines are up to $5,000, or double the amount of the defendant's gain from the crime, whichever is higher.4
When theft is a felony in New York
Stealing property worth more than $1,000 is grand larceny in the fourth degree, a class E felony. Some kinds of property, such as firearms, a credit card, or property taken directly from a person, make it a felony at any value.5
N.Y. Penal Law § 155.30(1) · Felony theft amounts in every state
Impaired driving in New York
New York's Vehicle and Traffic Law uses driving while intoxicated (DWI), aggravated driving while intoxicated, and driving while ability impaired (DWAI), including DWAI by drugs.
- Repeat offenses
- A DWI-type conviction within 10 years of an earlier one is a class E felony. With two earlier convictions within 10 years it is a class D felony. Three or more earlier convictions within 15 years is also a class D felony.
- Which past offenses count
- 10 years for a class E felony or for two earlier convictions; 15 years for three or more. Earlier convictions under the DWI, aggravated DWI and drug-DWAI subsections count, and so do certain vehicular assault and vehicular manslaughter convictions.
- Other felony versions
- Driving while intoxicated or drug-impaired with a child 15 or younger in the vehicle (aggravated DWI under Vehicle and Traffic Law § 1192(2-a)(b)) is a class E felony even with no earlier conviction. Vehicular manslaughter in the second degree, a separate Penal Law crime, is a class D felony.
N.Y. Veh. & Traf. Law §§ 1192, 1193(1)(c); N.Y. Penal Law § 125.122 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in New York?
In New York, a felony is an offense for which a sentence of more than one year in prison may be imposed.
What is a Class A-I felony in New York?
In New York, the prison range for a Class A-I felony is life in prison; the minimum before parole is 15 to 25 years, and the fine is up to $5,000, or double the gain from the crime if higher. Some first-degree murder and attempted murder cases have different minimums or life without parole.
What is a Class A-II felony in New York?
In New York, the prison range for a Class A-II felony is life in prison; the minimum before parole is 3 years to 8 years 4 months, and the fine is up to $5,000, or double the gain from the crime if higher. Drug felonies in Penal Law articles 220 and 221 are sentenced under separate rules. Predatory sexual assault has a higher minimum.
What is a Class B felony in New York?
In New York, the prison range for a Class B felony is maximum term up to 25 years, and the fine is up to $5,000, or double the gain from the crime if higher. The minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes).
What is a Class C felony in New York?
In New York, the prison range for a Class C felony is maximum term up to 15 years, and the fine is up to $5,000, or double the gain from the crime if higher. The minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes).
What is a Class D felony in New York?
In New York, the prison range for a Class D felony is maximum term up to 7 years, and the fine is up to $5,000, or double the gain from the crime if higher. The minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes).
What is a Class E felony in New York?
In New York, the prison range for a Class E felony is maximum term up to 4 years, and the fine is up to $5,000, or double the gain from the crime if higher. The minimum is at least 1 year and no more than one-third of the maximum. Violent felonies currently get a fixed (determinate) term instead (see notes).
What is a Class A misdemeanor in New York?
In New York, the jail range for a Class A misdemeanor is up to 364 days, and the fine is up to $1,000.
What is a Class B misdemeanor in New York?
In New York, the jail range for a Class B misdemeanor is up to 3 months, and the fine is up to $500.
What is an unclassified misdemeanor in New York?
In New York, the jail range for an unclassified misdemeanor is as set by the law that defines the crime, but never more than 364 days, and the fine is as set by the law that defines the crime. An offense outside the Penal Law that is called a misdemeanor but has no class or sentence counts as a Class A misdemeanor. One that sets its own jail term of more than 15 days and up to 1 year is an unclassified misdemeanor (Penal Law § 55.10).
How much theft is a felony in New York?
Stealing property worth more than $1,000 is grand larceny in the fourth degree, a class E felony. Some kinds of property, such as firearms, a credit card, or property taken directly from a person, make it a felony at any value.
When is impaired driving a felony in New York?
A DWI-type conviction within 10 years of an earlier one is a class E felony. With two earlier convictions within 10 years it is a class D felony. Three or more earlier convictions within 15 years is also a class D felony. Driving while intoxicated or drug-impaired with a child 15 or younger in the vehicle (aggravated DWI under Vehicle and Traffic Law § 1192(2-a)(b)) is a class E felony even with no earlier conviction. Vehicular manslaughter in the second degree, a separate Penal Law crime, is a class D felony.
These are the general ranges in New York's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in New York" https://secondchanceindex.com/felony-classes/new-york, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- N.Y. Penal Law § 10.00(5)
- N.Y. Veh. & Traf. Law §§ 1192, 1193(1)(c); N.Y. Penal Law § 125.12
- N.Y. Penal Law §§ 70.00(6), 70.02(2)(a)
- N.Y. Penal Law §§ 70.00(1), 80.00(1)
- N.Y. Penal Law § 155.30(1)
- Penal Law § 55.05 Classifications of felonies and misdemeanorsNew York State Senate (NY Consolidated Laws)
- Penal Law § 70.15 Sentences of imprisonment for misdemeanors and violationNew York State Senate (NY Consolidated Laws)
- Penal Law § 80.05 Fines for misdemeanors and violationNew York State Senate (NY Consolidated Laws)
- Penal Law § 125.12 Vehicular manslaughter in the second degreeNew York State Senate (NY Consolidated Laws)
- Vehicle and Traffic Law § 1192 Operating a motor vehicle while under the influence of alcohol or drugsNew York State Senate (NY Consolidated Laws)
- Penal Law § 55.10 Designation of offensesNew York State Senate (NY Consolidated Laws)
- Penal Law § 70.02 Sentence of imprisonment for a violent felony offenseNew York State Senate (NY Consolidated Laws)