A category defined by law
In New York, many felonies are designated as violent felony offenses by statute, and the designation includes some that people would not expect, such as certain burglary and weapon possession charges where no one was injured. That designation affects how the case can be resolved and the sentencing structure that applies, including a period of post-release supervision after a prison term. It can also matter for bail and release decisions. Whether a particular charge carries the designation depends on its exact degree and subsection, which is why reading the charging papers carefully is the first step.
Federal and immigration definitions
Federal law uses its own phrase, crime of violence, in several places, including firearm enhancements and immigration law, and courts have narrowed that definition significantly in recent years. A conviction that New York calls violent may or may not fit the federal definition, and the reverse is also possible. For noncitizens, whether an offense is a crime of violence can affect whether it is treated as an aggravated felony for immigration purposes, which can have severe consequences. That analysis is technical and generally depends on the elements of the statute of conviction rather than on the underlying facts. It should be done before any plea, not after.
Planning around the label
When a charge carries a violent designation, the possibility of resolving it to a charge without that designation is often a central part of plea discussions. Some of New York's sealing options are not available for certain violent felony convictions, so the long-term effect of a plea deserves as much attention as the immediate sentence. We review the exact charge, the designation it carries, and the evidence on the element that makes it violent. We also look at your immigration status, licenses, and any firearm rights at stake, and explain how each possible outcome would affect them.
