What Is a Criminal Offense in New York?

Penal Law § 15.05 defines four levels of culpability: intentionally, knowingly, recklessly, and criminally negligently. First-degree assault requires intentional conduct, while criminally negligent homicide involves a failure to perceive a substantial and unjustifiable risk. Many cases turn on whether the prosecution can establish the required mental state, not just that an act occurred.

New York divides criminal offenses into three categories. The classification determines where the case is heard, what sentence is possible, and what long-term consequences follow a conviction.

Felonies are prosecuted in superior court, meaning Supreme Court in New York City or County Court in other jurisdictions, and carry state prison sentences. Misdemeanors are heard in local criminal court and may result in jail, fines, or probation. Violations are offenses under New York law but are not classified as crimes. They are punishable by up to 15 days in jail or a fine and do not carry the same long-term consequences as felony or misdemeanor convictions

Violent offenses include assault, robbery, murder, and kidnapping. Most carry mandatory minimum sentences and are prosecuted as felonies. Violent crimes charges require early investigation and a close review of how the alleged incident unfolded, including witness accounts and physical evidence.

Property offenses range from petit larceny, a class A misdemeanor, to first-degree grand larceny, a class B felony. Property crime charges also include burglary, arson, and criminal mischief. Sentences increase with the value of property involved and whether force was used.

New York drug charges under Penal Law Article 220 range from unlawful possession to criminal sale of a controlled substance. High-level distribution charges, such as Criminal Sale of a Controlled Substance in the First Degree (Penal Law § 220.43), can result in class A-I felony convictions with potential life sentences. Our attorneys handle drug crime cases at every level, including cases where the legality of the search is in dispute.

After an arrest, the defendant appears in court for arraignment, where charges are formally read and bail is determined. Legal representation at this stage matters because bail conditions and protective orders set here shape the rest of the case. It is also the first point where formal plea entry and defense strategy begin to take form.

Prosecutors build their case using police reports, witness statements, digital records, and forensic analysis. Defense counsel reviews all discovery for inconsistencies, procedural errors, and constitutional violations. Evidence gathered through unlawful searches or improper interrogations may be subject to a suppression motion, which can substantially limit what the prosecution can use at trial.

Sentences follow the classification set out in the Penal Law, with mandatory minimum terms required for certain violent felonies and drug offenses. Judges retain discretion in some cases, particularly for first-time offenders and lower-level felonies. Repeat offenders may face enhanced sentences under the persistent felony offender statute. Under the 2025 amendment to Penal Law § 70.08, defendants with two or more prior violent felony convictions who are convicted of a new violent felony may face life imprisonment without parole.

A conviction reaches beyond the sentence. It can affect:

• Employment eligibility and professional licensing
• Housing applications and access to public assistance
• Immigration status and deportation exposure
• Child custody and family court proceedings

Some convictions are eligible for sealing under CPL § 160.59, but sex offenses, violent felonies, and class A felonies are expressly excluded from sealing. Eligible individuals must have no more than two convictions (only one felony) and must wait at least 10 years since the most recent conviction or release from incarceration. Our attorneys evaluate record sealing options alongside the defense strategy from the start of representation.

The Sixth Amendment guarantees the right to counsel at every critical stage of criminal proceedings. Retaining an attorney before arraignment, when possible, protects against early statements the prosecution can use and preserves more options going forward.

The Fourth Amendment bars unreasonable searches and seizures. Evidence obtained without a valid warrant, or outside a recognized exception, can be challenged through a suppression motion. A successful challenge excludes that evidence from trial, which can seriously weaken the prosecution's case or lead to dismissal.

Defense preparation starts with a full review of the arrest record, police reports, and all evidence the prosecution plans to introduce. Our attorneys identify factual disputes, procedural problems, and constitutional issues that may affect how the case can be resolved.

Many cases in New York resolve through plea agreements that reduce charges or limit sentencing exposure. When the facts call for it, our attorneys prepare to take the case to trial, challenging every element the prosecution must prove. Which path makes sense depends on the individual facts, not a standard formula.