Facing a felony charge can change the path of your life in a significant way. In New York City from 2000 through 2005, there were seven major felony offenses, including murder, rape, robbery, and more. In order to protect your future and ensure that you have the right defense for your case, it is crucial, if you are facing one of these charges, to have a criminal lawyer on your side who knows the ins and outs of the system.
Felony Assault
There are a range of charges that could be considered assault; however, the basic requirement is that the defendant causes physical injury to the victim. The seriousness of the injury, the use of a weapon, and the mental capacity of the defendant are determining factors of the severity of the sentence. An assault charge can be elevated to aggravated assault when the victim is a police officer or the defendant commits third-degree assault on someone who is less than 11 years old and has been convicted of the same offense within three years. A criminal lawyer will try to prove lack of injury, lack of intent, or self-defense when defending this type of felony charge.
- Aggravated assault of a police officer in the first degree could result in 25 years in prison or up to a $5,000 fine.
- Aggravated assault of a minor could result in up to four years in prison or up to a $5,000 fine.
- The second-degree assault could result in three to seven years in prison or up to a $5,000 fine.
- The third-degree assault could result in one year in jail or a fine up to $1,000.
Burglary
Burglary is when a person enters a property without consent (third-degree). Entry onto the property does not need to be forced and it is still considered burglary even when a small part of the body was on the property, an arm reaching through a window, for example. The second element of burglary is when the defendant intends to commit a crime on the property, in which case an attorney must prove intent. Second-degree burglary is committed when the property is a home or the defendant causes injury or is armed with a weapon. First-degree burglary is committed when the property is a home and the defendant is armed, causes injury, or uses threat.
- Third-degree could lead to one to seven years in prison.
- Second-degree could lead to one to 15 years in prison.
- First-degree could lead to one to 25 years in prison.
Grand Larceny and Grand Larceny of a Motor Vehicle
There are four types of felonies related to theft or grand larceny in New York.
- E Felonies: These include embezzlement, credit card theft, pickpocket, or larceny between the amount of $1,000 and $3,000. First-time offenders could face one to four years in prison.
- D Felonies: These include embezzlement, extortion, or theft between $3,000 and $50,000. Offenders could face one to seven years in prison.
- C Felonies: These include second-degree grand larceny, embezzlement, or theft between $50,000 and one million. If convicted, a defendant could face up to 15 years in prison.
- B Felonies: These include first-degree grand larceny or theft that amounts to more than one million. Offenders could face up to 25 years in prison.
Grand larceny of a motor vehicle is a separate felony charge. If charged with grand theft auto in New York, the condition of the vehicle doesn’t matter. The minimum sentence for this charge is four years in prison.
If you are facing a felony charge, be sure to have an experience criminal lawyer fighting for you. With the right defense for your case, there is hope for a successful case and future. For legal services, give Lisa Pelosi a call today.
