New York
New York Felony Classes and Misdemeanor Penalties (2026)
Independently fact-checked against primary sources (last audited October 17, 2026). · 17 primary sources cited on this page. How we verify our legal content
New York law defines a felony as "an offense for which a sentence to a term of imprisonment in excess of one year may be imposed," and a misdemeanor as an offense that can carry more than 15 days in jail but not more than one year (N.Y. Penal Law 10.00(4)-(5)). Felonies are graded class A (split into A-I and A-II), B, C, D and E, misdemeanors are class A, class B or unclassified, and below both sits the violation, which the Penal Law does not count as a crime (Penal Law 10.00(3), (6); 55.05; 70.00; 70.15).
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers how the New York Penal Law classifies offenses and the class-based sentencing, fine and probation sections (Penal Law 10.00, Article 65, Article 70 and Article 80) plus the probation-violation hearing rule in Criminal Procedure Law 410.70. It does not cover how individual crimes are graded (see the New York theft laws and New York assault laws pages), time limits for prosecution, record sealing, federal offenses or local ordinances. For every state side by side, see felony and misdemeanor classes by state.
Felony vs misdemeanor vs violation in New York
The dividing lines turn on the term the law allows (what "may be imposed" or "cannot be imposed"), not on the sentence a court actually hands down. Penal Law 10.00 defines the tiers this way:
"3. 'Violation' means an offense, other than a 'traffic infraction,' for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. 4. 'Misdemeanor' means an offense, other than a 'traffic infraction,' for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed. 5. 'Felony' means an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. 6. 'Crime' means a misdemeanor or a felony."
Two consequences follow from that text. First, only misdemeanors and felonies are crimes; a violation is an offense but not a crime (Penal Law 10.00(6)). Second, traffic infractions are carved out of both the violation and the misdemeanor definitions, so they form their own category outside these three tiers (Penal Law 10.00(3)-(4)).
The misdemeanor ceiling works in practice as 364 days. Penal Law 70.15(1) caps a class A misdemeanor sentence at "three hundred sixty-four days," and Penal Law 70.15(1-a) provides that whenever "one year" or "365 days" appears in any law in reference to the definite sentence for a misdemeanor conviction, the phrase "shall mean, be interpreted and be applied as three hundred sixty-four days." A 364-day sentence is therefore still a misdemeanor sentence, well short of the more-than-one-year line that defines a felony.
New York felony and misdemeanor classes and sentences
The table gives the statutory outer limits for each class (Penal Law 55.05 lists the classes). Every figure is a maximum or a statutory band, not a typical sentence. These are the ranges for the class itself; Penal Law 70.06, 70.08 and 70.10 set higher ranges for some repeat convictions, described below, and drug felonies follow their own terms.
| Class | Tier | Statutory prison or jail term (first-time terms; repeat-offender terms differ) | General maximum fine (exceptions below the table) | Statute |
|---|---|---|---|---|
| Class A-I felony | Felony | Indeterminate; maximum is life; minimum 15 to 25 years (higher bands for murder in the first degree and some attempted murder); life without parole for murder in the first degree and certain other offenses; class A-I drug felony: determinate 8 to 20 years for a first drug felony offender | Higher of $5,000 or double the gain; $100,000 for an Article 220/221 drug A-I felony | Penal Law 70.00(2)(a), (3)(a)(i), (5); 70.71(2); 80.00(1) |
| Class A-II felony | Felony | Indeterminate; maximum is life; minimum at least 3 years and not more than 8 years 4 months (10 to 25 years for predatory sexual assault offenses); class A-II drug felony: determinate 3 to 10 years for a first drug felony offender | Higher of $5,000 or double the gain; $50,000 for an Article 220/221 drug A-II felony | Penal Law 70.00(2)(a), (3)(a)(ii); 70.71(2); 80.00(1) |
| Class B felony | Felony | Indeterminate maximum up to 25 years; violent class B: determinate, at least 5 and up to 25 years, subject to offense-specific provisos; drug felony, first offense: determinate 1 to 9 years (2 to 9 for some school-zone and sale-to-child offenses) | Higher of $5,000 or double the gain; $30,000 for an Article 220/221 drug B felony | Penal Law 70.00(2)(b); 70.02(3)(a); 70.70(2)(a); 80.00(1) |
| Class C felony | Felony | Indeterminate maximum up to 15 years; violent class C: determinate, at least 3.5 and up to 15 years, subject to offense-specific provisos; drug felony, first offense: determinate 1 to 5.5 years | Higher of $5,000 or double the gain; $15,000 for an Article 220/221 drug C felony | Penal Law 70.00(2)(c); 70.02(3)(b); 70.70(2)(a); 80.00(1) |
| Class D felony | Felony | Indeterminate maximum up to 7 years; violent class D: a state prison term is determinate, at least 2 and up to 7 years, subject to offense-specific provisos; drug felony, first offense: determinate 1 to 2.5 years; alternative definite sentence of one year or less in limited cases | Higher of $5,000 or double the gain | Penal Law 70.00(2)(d), (4); 70.02(2)(b), (3)(c); 70.70(2)(a); 80.00(1) |
| Class E felony | Felony | Indeterminate maximum up to 4 years; violent class E: a state prison term is determinate, at least 1.5 and up to 4 years; drug felony, first offense: determinate 1 to 1.5 years; alternative definite sentence of one year or less in limited cases | Higher of $5,000 or double the gain | Penal Law 70.00(2)(e), (4); 70.02(3)(d); 70.70(2)(a); 80.00(1) |
| Class A misdemeanor | Misdemeanor | Definite sentence up to 364 days | Up to $1,000 (class amount) | Penal Law 70.15(1); 80.05(1) |
| Class B misdemeanor | Misdemeanor | Definite sentence up to 3 months | Up to $500 (class amount) | Penal Law 70.15(2); 80.05(2) |
| Unclassified misdemeanor | Misdemeanor | As set by the law defining the offense, never more than 364 days | As set by the law defining the offense | Penal Law 70.15(3); 80.05(3) |
| Violation | Not a crime | Up to 15 days | Up to $250 | Penal Law 70.15(4); 80.05(4) |
Prison terms come from Penal Law 70.00 (sentence of imprisonment for felony), 70.02 (violent felony offenses) and 70.15 (sentences of imprisonment for misdemeanors and violation). Fines come from Penal Law 80.00 (fine for felony) and 80.05 (fines for misdemeanors and violation). Under Penal Law 80.00(1), a felony fine is an amount fixed by the court "not exceeding the higher of" $5,000, "double the amount of the defendant's gain from the commission of the crime," or, for felonies defined in Penal Law Articles 220 and 221, the scheduled amounts of $100,000 (A-I), $50,000 (A-II), $30,000 (B) and $15,000 (C). For a crime defined in Penal Law Article 496, the gain-based ceiling is up to three times the gain (Penal Law 80.00(1)(b)), and a felony defined in the Vehicle and Traffic Law carries the fine set by that law (Penal Law 80.00(6)). For a misdemeanor or violation that produced a gain, the court may instead fine up to double the gain (Penal Law 80.05(5)). These fine sections do not apply to corporations (Penal Law 80.00(4), 80.05(6)).
How a New York felony sentence is set
The default felony sentence in Penal Law 70.00 is indeterminate: the court sets both a maximum term and a minimum period of imprisonment. Felonies defined in Penal Law Articles 220 and 221 (drug felonies) are outside that rule (Penal Law 70.00(1)). Penal Law 70.00(2) says the maximum "shall be at least three years" and fixes it by class: life imprisonment for class A, and a court-fixed term not exceeding 25 years for class B, 15 years for class C, 7 years for class D and 4 years for class E.
The minimum is governed by Penal Law 70.00(3). It must be "at least one year." For a class A-I felony it may not be "less than fifteen years nor more than twenty-five years," with higher bands for murder in the first degree and certain attempted murder offenses (Penal Law 70.00(3)(a)(i)). For a class A-II felony it may not be "less than three years nor more than eight years four months," except that for predatory sexual assault and predatory sexual assault against a child the minimum is 10 to 25 years (Penal Law 70.00(3)(a)(ii)). For "any other felony" (outside class A), the minimum "shall be not less than one year nor more than one-third of the maximum term imposed." Life imprisonment without parole is available for murder in the first degree and required for certain other offenses, including murder in the second degree under Penal Law 125.25(5) (Penal Law 70.00(5)).
Drug felonies: determinate terms
A felony drug offender convicted of a class B, C, D or E felony in Penal Law Article 220 or 222 receives a determinate term: 1 to 9 years for class B (2 to 9 for certain school-zone and sale-to-child offenses), 1 to 5.5 years for class C, 1 to 2.5 years for class D and 1 to 1.5 years for class E (Penal Law 70.70(2)(a)). The court may instead impose probation, or in some cases a definite sentence of one year or less (Penal Law 70.70(2)(b)-(c)). Second felony drug offenders face longer determinate terms (Penal Law 70.70(3)-(4)). A class A drug felony carries a determinate term of 8 to 20 years for class A-I and 3 to 10 years for class A-II on a first drug felony conviction, with longer terms for second offenders (Penal Law 70.71).
Violent felony offenses: determinate terms
A violent felony offense is a class B, C, D or E violent felony offense as listed in Penal Law 70.02(1). When a state prison term is imposed for a violent felony offense, it is a determinate (fixed) term rather than an indeterminate one (Penal Law 70.00(6), 70.02(2)). Class B and C violent felonies require a determinate prison sentence (Penal Law 70.02(2)(a)), while class D violent felonies otherwise follow the class D sentencing rules, with listed exceptions (Penal Law 70.02(2)(b)). Penal Law 70.02(3) sets the bands:
- Class B violent felony: at least five years and not more than 25 years
- Class C violent felony: at least three and one-half years and not more than 15 years
- Class D violent felony: at least two years and not more than seven years
- Class E violent felony: at least one and one-half years and not more than four years
For classes B, C and D the subsection adds "provided, however" clauses that set different bands for specific offenses, so the listed band is the general rule for that class, not the rule for every offense in it.
Repeat felony offenders
Penal Law Article 70 also has separate, higher sentencing rules for repeat offenders. A second felony offender (generally, a prior felony sentence imposed within ten years before the new felony, not counting time incarcerated in between) must receive an indeterminate sentence with a higher maximum, for example at least 9 and up to 25 years for a class B felony and at least 3 and up to 4 years for a class E felony, and a minimum of one-half of the maximum (6 to 12.5 years for most class A-II felonies, 10 to 25 years for predatory sexual assault and predatory sexual assault against a child) (Penal Law 70.06(1)(b), (3), (4)). If the new conviction is a violent felony offense, the second felony offender instead receives a determinate term of 8 to 25 years for class B, 5 to 15 for class C, 3 to 7 for class D and 2 to 4 for class E (Penal Law 70.06(6), text marked repealed September 1, 2027). Second violent felony offenders are sentenced under Penal Law 70.04. Except for drug felonies and certain felony sex offenses, which have their own disposition rules, a court sentencing a second felony offender or second violent felony offender must impose imprisonment (Penal Law 60.05(1), (6)), and the class D and E definite sentence is not available to second or persistent felony offenders (Penal Law 70.00(4)).
A persistent violent felony offender (a violent felony conviction after two or more predicate violent felony convictions) must receive an indeterminate sentence with a maximum of life imprisonment (Penal Law 70.08(1)(a), (2)). Under the text marked effective until September 1, 2027, the minimum is 20 to 25 years for a class B felony, 16 to 25 years for class C and 12 to 25 years for class D (Penal Law 70.08(3)).
Under Penal Law 70.10(1)(a), a persistent felony offender is "a person, other than a persistent violent felony offender as defined in section 70.08, who stands convicted of a felony after having previously been convicted of two or more felonies, as provided in paragraphs (b) and (c) of this subdivision." If the court finds that "extended incarceration and life-time supervision will best serve the public interest," it may impose the sentence authorized for a class A-I felony instead of the ordinary sentence (Penal Law 70.10(2)).
The class range is the outer limit
Penal Law 70.00, 70.02 and 70.15 work by class: they set maximums, minimums and bands, and the court fixes the term within them. A class maximum is the most the statute allows, not a typical sentence.
Can a New York felony get a sentence of a year or less?
Penal Law 70.00(4) gives a route to a shorter, jail-length sentence for the two lowest felony classes:
"When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less."
Each condition matters: the offense must be a class D or E felony, the person must not be a second or persistent felony offender, and the court must find both that imprisonment is necessary and that an indeterminate or determinate sentence would be unduly harsh. The section describes the sentence the court may impose; the person is still being sentenced "for a class D or class E felony." Drug felonies have a similar alternative definite sentence (Penal Law 70.70(2)(c), (3)(e)).
Unclassified misdemeanors and offenses defined outside the Penal Law
Many New York offenses are defined in other chapters of law. When an offense is an unclassified misdemeanor, Penal Law 70.15(3) says the jail term "shall be in accordance with the sentence specified in the law or ordinance that defines the crime but, in any event, it shall not exceed three hundred sixty-four days." Its fine is set "in accordance with the provisions of the law or ordinance that defines the crime" (Penal Law 80.05(3)).
Penal Law 55.10 assigns a class to offenses defined outside the Penal Law. An offense declared a felony without a class, or one carrying a prison term of more than one year, is deemed a class E felony (Penal Law 55.10(1)(b)). One declared a misdemeanor with no class or sentence is deemed a class A misdemeanor (Penal Law 55.10(2)(b)). One carrying more than 15 days but not more than one year is an unclassified misdemeanor (Penal Law 55.10(2)(c)), and one carrying 15 days or less, or only a fine, is deemed a violation (Penal Law 55.10(3)(a)).
Is a violation a crime in New York?
No. A violation is an offense for which a jail term of more than 15 days cannot be imposed (Penal Law 10.00(3)), and "crime" is defined as a misdemeanor or a felony only (Penal Law 10.00(6)). A court may impose up to 15 days for a violation (Penal Law 70.15(4)) and a fine of up to $250 (Penal Law 80.05(4)).
Penal Law 70.15(4) adds a limit for violations defined in other laws: if "the sentence is expressly specified in the law or ordinance that defines the offense and consists solely of a fine, no term of imprisonment shall be imposed." Traffic infractions are excluded from the violation definition and are a separate category (Penal Law 10.00(3)).
How long is probation in New York?
Penal Law 65.00(3) sets the period of probation by class, "unless terminated sooner in accordance with the criminal procedure law":
| Offense | Probation term | Statute |
|---|---|---|
| Felony (general rule; excludes class A-II felonies defined in Article 220, sexual assaults and the other listed exceptions) | Three, four or five years | Penal Law 65.00(3)(a)(i) |
| Felony sexual assault | Ten years | Penal Law 65.00(3)(a)(iii) |
| Class A misdemeanor (other than a sexual assault) | Two or three years | Penal Law 65.00(3)(b)(i) |
| Class A misdemeanor sexual assault | Six years | Penal Law 65.00(3)(b)(ii) |
| Class A-II drug felony, or class B drug felony by a second felony drug offender (where probation is allowed under 65.00(1)(b)) | Life; 25 years for the class B felony in Penal Law 220.48 | Penal Law 65.00(3)(a)(ii) |
| Class B misdemeanor | Generally one year (one to three years for public lewdness) | Penal Law 65.00(3)(c) |
| Unclassified misdemeanor | Two or three years if the authorized jail term is more than three months; otherwise one year | Penal Law 65.00(3)(d) |
Class A-II felonies defined in Article 220 and felony sexual assaults are excluded from the three-to-five-year term, and the paragraph lists further exceptions, so the three-to-five-year figure is the general felony rule rather than the rule for every felony. Probation is also not available for every conviction: Penal Law 65.00(1)(a) applies "except as otherwise required by section 60.04 or 60.05," and those sections require imprisonment for, among others, class A felonies other than drug felonies, class B and C violent felonies and second felony offenders (Penal Law 60.05(2)-(4), (6)).
What happens after a probation violation in New York?
Criminal Procedure Law 410.70 sets the procedure when someone on probation is accused of violating a condition. The hearing "must be a summary one by the court without a jury," and a finding of a violation "must be based upon a preponderance of the evidence" (CPL 410.70(3)).
At the end of the hearing, "the court may revoke, continue or modify the sentence of probation or conditional discharge" (CPL 410.70(5)). If the court revokes probation, it "must impose sentence as specified in subdivisions three and four of section 60.01 of the penal law." If the violation is sustained and the court continues or modifies probation, it may also extend the remaining period up to the maximum term in Penal Law 65.00, with credit for time already supervised (CPL 410.70(5); Penal Law 65.00(4)). The person is entitled to counsel at every stage (CPL 410.70(4)).
Recent and upcoming changes
The violent felony sentencing text in Penal Law 70.00 and 70.02 carries two versions with a switch date. The current text of Penal Law 70.02(2)(a), marked effective until September 1, 2027, requires "a determinate sentence of imprisonment which shall be in whole or half years" for a class B or class C violent felony offense. The version marked effective September 1, 2027 instead provides that the sentence "must be an indeterminate sentence of imprisonment," and the determinate sentence provision in Penal Law 70.00(6) is marked repealed on the same date. The September 1, 2027 date is a sunset in the Sentencing Reform Act of 1995 (L.1995, ch. 3, s 74(d)) that the Legislature has extended before; the 2025 budget (L.2025, ch. 55, Part A, s 17, signed May 9, 2025) moved it from September 1, 2025 to September 1, 2027. If it is not extended again, the versions marked effective on that date take over, including the Penal Law 70.02(2)(a) indeterminate-sentence text and the lower persistent violent felony minimums in Penal Law 70.08(3).
Related legal issues in New York
How a specific offense lands in one of these classes depends on the offense statute. The New York theft laws page shows how larceny is graded by value, and the New York assault laws page covers the assault degrees. For sealing an old conviction, see New York expungement and record sealing. For how long the state has to bring charges, see the New York statute of limitations.
Federal firearm rule
Federal law uses its own test for gun possession: 18 U.S.C. 922(g)(1) applies to a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20) excludes certain business-regulation offenses and "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.
Related
- Felony and misdemeanor classes by state
- New York theft laws
- New York assault and battery laws
- New York expungement laws
This article provides general legal information about New York offense classes and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in New York.
Last updated: 2026-10-17.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor in New York?
A felony is an offense for which a sentence of more than one year may be imposed; a misdemeanor can carry more than 15 days but not more than one year, which New York applies as 364 days for a misdemeanor (Penal Law 10.00(4)-(5), 70.15(1-a)).
What is a class A misdemeanor in New York?
It is the higher misdemeanor class, with a definite jail sentence of up to 364 days (Penal Law 70.15(1)) and a class fine amount of up to $1,000, or up to double the gain where the offense produced one (Penal Law 80.05(1), (5)). Probation for a class A misdemeanor is two or three years, or six years for a sexual assault (Penal Law 65.00(3)(b)).
What is a class E felony in New York?
It is the lowest felony class. For a first felony that is not a drug felony, an indeterminate sentence has a maximum of up to 4 years (Penal Law 70.00(2)(e)), a state prison term for a violent class E felony is a determinate term of 1.5 to 4 years (Penal Law 70.02(3)(d)), a first-time class E drug felony carries a determinate term of 1 to 1.5 years (Penal Law 70.70(2)(a)), and in limited cases a court may impose a definite sentence of one year or less instead (Penal Law 70.00(4)). Second and persistent felony offenders face higher terms (Penal Law 70.06, 70.10).
Is a violation a crime in New York?
No. The Penal Law defines a crime as a misdemeanor or a felony; a violation carries up to 15 days in jail and a fine of up to $250 (Penal Law 10.00(6), 70.15(4), 80.05(4)).
What is the maximum fine for a felony in New York?
A court may generally fix a felony fine up to the higher of $5,000 or double the defendant's gain from the crime (three times the gain for Article 496 crimes); for drug felonies under Articles 220 and 221 the schedule runs from $15,000 (class C) to $100,000 (class A-I), and Vehicle and Traffic Law felonies carry the fine set in that law (Penal Law 80.00(1), (6)).
How long is felony probation in New York?
For most felonies it is three, four or five years, and for a felony sexual assault it is ten years; class A-II felonies defined in Article 220 and some class B drug felonies are excluded from the three-to-five-year rule and carry life or 25-year probation terms (Penal Law 65.00(3)(a)). Some felonies are not eligible for probation at all (Penal Law 60.05).
What happens if you violate probation in New York?
The court holds a summary hearing without a jury, decides by a preponderance of the evidence, and may revoke, continue or modify the probation sentence, or extend it up to the maximum term; on revocation it imposes sentence under Penal Law 60.01(3)-(4). The person has the right to counsel (CPL 410.70; Penal Law 65.00(4)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Penal Law
§ 10.00Definitions of terms of general use in this chapterIn forcecited in 2 of our articles
Definitions of terms of general use in this chapter. Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings: 1. "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same. 2. "Traffic infraction" means any offense defined as "traffic infraction" by section one hundred fifty-five of the vehicle and traffic law. 3. "Violation" means an offense, other than a "traffic infraction," for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. 4. "Misdemeanor" means an offense, other than a "traffic infraction," for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed. 5. "Felony" means an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Also relied on in: New York Assault Laws: Degrees, Felonies and Penalties (2026)
§ 70.00Sentence of imprisonment for felonyIn forcecited in 9 of our articles
Sentence of imprisonment for felony. * 1. Indeterminate sentence. Except as provided in subdivisions four, five and six of this section or section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined in article two hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of subdivision two of this section and the minimum period of imprisonment shall be as provided in subdivision three of this section. * NB Effective until September 1, 2027 * 1. Indeterminate sentence. Except as provided in subdivisions four and five of this section or section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined in article two hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of subdivision two of this section and the minimum period of imprisonment shall be as provided in subdivision three of this section.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 760 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Taylor (New York Court of Appeals 2007, 9 N.Y.3d 129)“…automatically results in a sentence of life without parole (Penal Law § 70.00 [3] [a] [i]; §§ 60.06, 70.00 [5]). [4]…”
- People v. Sparber (New York Court of Appeals 2008, 10 N.Y.3d 457)“…nsequence of his plea and status as a second violent felon, Penal Law § 70.00 (6) and § 70.45 (1) and (2) required de…”
- People v. Rivera (New York Court of Appeals 2005, 5 N.Y.3d 61)“…hich carries a maximum sentence of four years imprisonment (Penal Law § 70.00 [2] [e]). The People moved for a persis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: First, Second, and Third Degree Murder: Key Differences, Manslaughter Degrees Explained: First, Second, and Third, New York Smart Glasses Recording Laws 2026
§ 70.15Sentences of imprisonment for misdemeanors and violationIn forcecited in 6 of our articles
Sentences of imprisonment for misdemeanors and violation. 1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed three hundred sixty-four days. 1-a. (a) Notwithstanding the provisions of any other law, whenever the phrase "one year" or "three hundred sixty-five days" or "365 days" or any similar phrase appears in any provision of this chapter or any other law in reference to the definite sentence or maximum definite sentence of imprisonment that is imposed, or has been imposed, or may be imposed after enactment of this subdivision, for a misdemeanor conviction in this state, such phrase shall mean, be interpreted and be applied as three hundred sixty-four days. (b) The amendatory provisions of this subdivision are ameliorative and shall apply to all persons who are sentenced before, on or after the effective date of this subdivision, for a crime committed before, on or after the effective date of this subdivision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 209 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Janvier (Appellate Division of the Supreme Court of the State of New York 2020, 186 A.D.3d 1247)“…n note that the New York State Legislature recently amended Penal Law § 70.15. The amendment requires that one-year o…”
- People v. Archer (Appellate Division of the Supreme Court of the State of New York 1986, 121 A.D.2d 730)“…e Governor approved the Laws of 1984 (ch 673) which amended Penal Law § 70.15 (1) so that, inter alia, the maximum…”
- People v. Kirkland (New York Supreme Court 1986, 131 Misc. 2d 487)“…The so-called "Misdemeanor Reclassification Act” amended Penal Law § 70.15 and CPL 340.40 and added a new section…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Queens Council Candidate Charged With Forgery Over AI-Faked Endorsements, New York Restraining Order Laws (2026): Orders of Protection Explained, New York AI Meeting Recording Laws (2026)
§ 80.00Fine for felonyIn forcecited in 2 of our articles
Fine for felony. 1. A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding the higher of a. five thousand dollars; or b. double the amount of the defendant's gain from the commission of the crime or, if the defendant is convicted of a crime defined in article four hundred ninety-six of this chapter, any higher amount not exceeding three times the amount of the defendant's gain from the commission of such offense; or c. if the conviction is for any felony defined in article two hundred twenty or two hundred twenty-one of this chapter, according to the following schedule: (i) for A-I felonies, one hundred thousand dollars; (ii) for A-II felonies, fifty thousand dollars; (iii) for B felonies, thirty thousand dollars; (iv) for C felonies, fifteen thousand dollars.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 38 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Kozlowski (New York Court of Appeals 2008, 11 N.Y.3d 223)“…e do not reach the question whether the fines imposed under Penal Law § 80.00 violated Apprendi v New Jersey ( 530…”
- People v. Carrillo (Appellate Division of the Supreme Court of the State of New York 1999, 258 A.D.2d 780)“…contention that the $25,000 fine imposed on him pursuant to Penal Law § 80.00 was improper in that County Court faile…”
- People v. Furnia (Appellate Division of the Supreme Court of the State of New York 1996, 223 A.D.2d 887)“…o probation for one of the crimes and failed to comply with Penal Law § 80.00 (1) (c) in imposing the subject fines.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Recording Laws (2026): One-Party Consent Rules
§ 80.05Fines for misdemeanors and violationIn force
Fines for misdemeanors and violation. 1. Class A misdemeanor. A sentence to pay a fine for a class A misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however, that a sentence imposed for a violation of section 215.80 of this chapter may include a fine in an amount equivalent to double the value of the property unlawfully disposed of in the commission of the crime. 2. Class B misdemeanor. A sentence to pay a fine for a class B misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding five hundred dollars. 3. Unclassified misdemeanor. A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, in accordance with the provisions of the law or ordinance that defines the crime. 4. Violation. A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed by the court, not exceeding two hundred fifty dollars.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 65.00Sentence of probationIn forcecited in 2 of our articles
Sentence of probation. 1. Criteria. (a) Except as otherwise required by section 60.04 or 60.05 of this title, and except as provided by paragraph (b) hereof, the court may sentence a person to a period of probation upon conviction of any crime if the court, having regard to the nature and circumstances of the crime and to the history, character and condition of the defendant, is of the opinion that: (i) Institutional confinement for the term authorized by law of the defendant is or may not be necessary for the protection of the public; (ii) the defendant is in need of guidance, training or other assistance which, in his case, can be effectively administered through probation supervision; and (iii) such disposition is not inconsistent with the ends of justice.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 108 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Rodney E. (New York Court of Appeals 1991, 77 N.Y.2d 672)“…nvicted of specified crimes to serve a period of probation (Penal Law § 65.00), but as the Appellate Division recogni…”
- People v. Wemette (Appellate Division of the Supreme Court of the State of New York 2001, 285 A.D.2d 729)“…or criminal contempt in the second degree was illegal under Penal Law § 65.00 (1) and § 60.01 (2) (d). Probation is n…”
- People v. Cesar (Appellate Division of the Supreme Court of the State of New York 2015, 131 A.D.3d 223)“…us in determining an appropriate criminal sentence. Indeed, Penal Law § 65.00 (1) (a) is broadly written, stating, wi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Sexting Laws: Legal Consequences and Penalties
§ 70.10Sentence of imprisonment for persistent felony offenderIn force
Sentence of imprisonment for persistent felony offender. 1. Definition of persistent felony offender. (a) A persistent felony offender is a person, other than a persistent violent felony offender as defined in section 70.08, who stands convicted of a felony after having previously been convicted of two or more felonies, as provided in paragraphs (b) and (c) of this subdivision. (b) A previous felony conviction within the meaning of paragraph (a) of this subdivision is a conviction of a felony in this state, or of a crime in any other jurisdiction, provided: (i) that a sentence to a term of imprisonment in excess of one year, or a sentence to death, was imposed therefor; and (ii) that the defendant was imprisoned under sentence for such conviction prior to the commission of the present felony; and (iii) that the defendant was not pardoned on the ground of innocence; and (iv) that such conviction was for a felony offense other than persistent sexual abuse, as defined in section 130.53 of this chapter; grand larceny in the fourth degree as defined in subdivision twelve of section 155.30 of this chapter; grand larceny in the third degree as defined in subdivision three of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
New York Criminal Procedure Law
§ 410.70Hearing on violationIn force
Hearing on violation. 1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, or extend a period of probation, unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant has had an opportunity to be heard pursuant to this section. The defendant is entitled to a hearing in accordance with this section promptly after the court has filed a declaration of delinquency or has committed him or has fixed bail pursuant to this article. 2. Statement; preliminary examination. The court must file or cause to be filed with the clerk of the court a statement setting forth the condition or conditions of the sentence violated and a reasonable description of the time, place and manner in which the violation occurred. The defendant must appear before the court within ten business days of the court's issuance of the notice to appear and the court must advise him of the contents of the statement and furnish him with a copy thereof. At the time of such appearance the court must ask the defendant whether he wishes to make any statement with respect to the violation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
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Sources and References
- N.Y. Penal Law § 10.00, Definitions of terms of general use(www.nysenate.gov).gov
- N.Y. Penal Law § 70.00, Sentence of imprisonment for felony(www.nysenate.gov).gov
- N.Y. Penal Law § 70.02, violent felony offense sentences(www.nysenate.gov).gov
- N.Y. Penal Law § 70.15, Sentences of imprisonment for misdemeanors and violation(www.nysenate.gov).gov
- N.Y. Penal Law § 80.05, Fines for misdemeanors and violation(www.nysenate.gov).gov
- N.Y. Penal Law § 80.00, Fine for felony(www.nysenate.gov).gov
- N.Y. Penal Law § 65.00, Sentence of probation(www.nysenate.gov).gov
- N.Y. Penal Law § 70.10, Sentence of imprisonment for persistent felony offender(www.nysenate.gov).gov
- N.Y. Criminal Procedure Law § 410.70, Hearing on violation(www.nysenate.gov).gov
- N.Y. Penal Law § 55.05, Classifications of felonies and misdemeanors(www.nysenate.gov).gov
- N.Y. Penal Law § 55.10, Designation of offenses(www.nysenate.gov).gov
- N.Y. Penal Law § 70.70, Sentence of imprisonment for felony drug offender other than a class A felony(www.nysenate.gov).gov
- N.Y. Penal Law § 70.71, Sentence of imprisonment for a class A felony drug offender(www.nysenate.gov).gov
- N.Y. Penal Law § 70.06, Sentence of imprisonment for second felony offender(www.nysenate.gov).gov
- N.Y. Penal Law § 70.08, Sentence of imprisonment for persistent violent felony offender(www.nysenate.gov).gov
- N.Y. Penal Law § 60.05, Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders(www.nysenate.gov).gov
- L.2025, ch. 55 (S3005-C / A3005-C), Part A, s 17(www.nysenate.gov).gov
- 18 U.S.C. § 922, Unlawful acts(www.law.cornell.edu)
- 18 U.S.C. § 921, Definitions(www.law.cornell.edu)
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