What Is the Punishment for a B Felony in New York?

By Danielle Smyth - Updated August 10, 2018
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In New York state, the punishment for a class B felony varies slightly depending on the crime. Felonies are graded on a scale of A through E, with A the most severe. Class B felonies, therefore, are the second-most severe of all felonies that can be committed in the state. Generally, the sentence for this type of crime ranges from one to 25 years.

Class B Felony Punishment

Depending on the nature of the crime and the evidence presented before a judge, a class B felony punishment may vary. Factors like prior convictions and whether the defendant has had a felony conviction in the past 10 years (either violent or nonviolent) are typically considered when sentencing lengths are decided. Those who have been convicted of two or more felony crimes in the past may be considered persistent felony offenders and sentenced to life in prison. Having felony lawyers work on your case may make your chances of a lower sentence more likely.

In New York state, class B felony prison sentences are set forth in section 70 of the state penal code. Fines related to felony crimes are outlined in section 80 of the state penal code. Typically, those convicted of felonies do not serve their time in a county jail or other facility. In addition, fines may be levied against convicted felons on top of their prison sentences. These can range upward of thousands of dollars. According to the penal code, fines can be either up to $5,000 or double the amount the defendant gained by committing the crime. Certain drug-related crimes can yield much higher fines, ranging up to $30,000.

Class B Felony Definition

In general, a felony is classified as the most serious type of offense possible. Felonies can be considered either violent or nonviolent. From a legal perspective, the main characteristic of this type of crime is that conviction will almost certainly ensure a prison sentence of up to at least one year. If a crime is not considered a felony, it falls into the lower category of misdemeanors.

A variety of crimes fall into the class B felony category in New York state. These include aggravated vehicular homicide, attempted second degree murder (which suggests premeditated intent, as opposed to first degree murder, which is considered an unpremeditated crime), sex trafficking, second degree arson and second degree kidnapping. In addition, class B felonies include the following crimes that are committed in the first degree: assault, bribery, burglary, gang assault, insurance fraud, money laundering, possession of a weapon, possession of stolen property, promotion of prostitution, rape and robbery.

About the Author

Danielle Smyth is a writer and content marketer from upstate New York. She holds a Master of Science in Publishing from Pace University. Her experience includes years of work in the insurance, workers compensation, disability, and background investigation fields. In addition to being the content writer and social media manager for Alliance Worldwide Investigative Group, she has written on legal topics for a number of other clients. She owns her own content marketing agency, Wordsmyth Creative Content Marketing (www.wordsmythcontent.com), and she enjoys writing legal articles and blogs for clients in related industries.

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