Complete List of Violent Felonies in New York

Everything About NY Violent Felonies 

Facing violent felony charges in New York is a serious matter that can carry life-changing consequences. These offenses are aggressively prosecuted and often involve high-stakes legal challenges—from pre-trial investigations to the possibility of lengthy prison sentences. Whether you’re under investigation or have already been charged, your defense strategy must be swift, strategic, and informed by experience.

At the Law Office of James E. Tyner, PLLC, we bring years of focused criminal defense experience to every case we handle. Our firm is known for defending clients against some of the most serious violent felony charges in New York, including sex crimes, murder, robbery, and weapons-related offenses. We understand how prosecutors build their cases, and we work tirelessly to dismantle them—leveraging every legal tool available to protect your rights, freedom, and future.

If you or someone you care about is facing violent felony charges, don’t wait. Contact our office today to start building a strong defense.

List of Violent Felonies in New York

In New York, violent felony offenses are a specific group of crimes identified under Penal Law § 70.02. These crimes are considered more serious due to the use or threat of physical force, the presence of weapons, or harm caused to victims. Violent felonies are classified into four categories based on severity: Class B, Class C, Class D, and Class E, with Class B being the most serious within this group (short of murder, which is categorized separately).

The following is a breakdown of these offenses by felony class, along with clear definitions of each.

Class B Violent Felonies

• Aggravated Manslaughter in the First Degree: Recklessly causing the death of a police officer or peace officer while intending to cause serious physical injury.
• Manslaughter in the First Degree: Intending to cause serious physical injury to another and causing their death, or acting under extreme emotional disturbance to cause death.
• Gang Assault in the First Degree: Intending to cause serious physical injury, and with at least two others, causing such injury to someone.
• Rape in the First Degree: Engaging in sexual intercourse with another by forcible compulsion, or when the victim is physically helpless, under 11 years old, or under 13 and the offender is 18 or older.
• Criminal Sexual Act in the First Degree: Engaging in oral or anal sexual conduct under the same conditions as first-degree rape.
• Sexual Abuse in the First Degree: Subjecting another person to sexual contact by forcible compulsion or with a person incapable of consent due to age or incapacity.
• Aggravated Sexual Abuse in the First Degree: Inserting a foreign object in the victim’s body under conditions involving forcible compulsion or when the victim is incapable of consent.
• Course of Sexual Conduct Against a Child in the First Degree: Engaging in two or more acts of sexual conduct, including at least one act of sexual intercourse or oral/anal sexual conduct, with a child under 13 over a period of time.
• Predatory Sexual Assault: Committing a rape or criminal sexual act in the first degree during a kidnapping, armed crime, or causing serious injury.
• Predatory Sexual Assault Against a Child: Committing rape or a criminal sexual act against a child under 13 combined with forcible compulsion or the use of a weapon.
• Robbery in the First Degree: Forcibly stealing property and causing serious injury, being armed with a deadly weapon, or using or threatening to use a dangerous instrument.
• Burglary in the First Degree: Unlawfully entering a dwelling with intent to commit a crime, while armed, causing injury, or displaying what appears to be a firearm.
• Arson in the Second Degree: Intentionally setting fire to a building or motor vehicle that is occupied at the time.
• Kidnapping in the Second Degree: Abducting another person.
• Criminal Possession of a Dangerous Weapon in the First Degree: Possessing ten or more firearms or possessing an explosive device with intent to use it unlawfully.
• Criminal Use of a Firearm in the First Degree: Committing a violent felony while possessing or displaying a loaded firearm.
• Criminal Sale of a Firearm in the First Degree: Illegally selling ten or more firearms within a one-year period.

Class C Violent Felonies

• Aggravated Manslaughter in the Second Degree: Recklessly causing the death of a police or peace officer during the performance of official duties.
• Gang Assault in the Second Degree: Causing physical injury to someone with at least two others.
  Assault on a Peace Officer, Police Officer, Firefighter, or EMS Professional: Intentionally causing serious physical injury to one of these individuals while they perform their duties.
• Assault on a Judge: Causing physical injury to a judge due to the judge’s official duties.
• Strangulation in the First Degree: Causing serious physical injury by restricting someone’s breathing or blood circulation.
• Aggravated Strangulation: Committing first-degree strangulation after previously being convicted of the same offense.
• Aggravated Sexual Abuse in the Second Degree: Inserting a foreign object into the vagina, rectum, or urethra of another under certain aggravating circumstances.
• Robbery in the Second Degree: Forcibly stealing property and being aided by another, causing injury, or displaying what appears to be a weapon.
• Burglary in the Second Degree: Unlawfully entering a building with intent to commit a crime, and the location is a dwelling, or the person is armed or causes injury.
• Criminal Possession of a Weapon in the Second Degree: Unlawfully possessing a loaded firearm outside their home or place of business or possessing a machine gun or disguised gun.
• Criminal Use of a Firearm in the Second Degree: Committing a Class C violent felony while displaying a firearm.
• Criminal Sale of a Firearm in the Second Degree: Illegally selling five or more firearms.
  Criminal Sale of a Firearm with the Aid of a Minor: Selling a firearm with the assistance of someone under 16.
• Aggravated Criminal Possession of a Weapon: Possessing a loaded firearm with intent to use it unlawfully and having a prior violent felony conviction.
• Soliciting or Providing Support for Terrorism in the First Degree: Providing material support knowing it will be used to plan or carry out terrorism.
• Hindering Prosecution of Terrorism in the Second Degree: Preventing or delaying the arrest of a person who committed terrorism.
• Criminal Possession of a Chemical or Biological Weapon in the Third Degree: Possessing such weapons with intent to use them unlawfully.

Class D Violent Felonies

• Assault in the Second Degree: Intentionally or recklessly causing physical injury under certain conditions, such as to a public servant or using a weapon.
• Reckless Assault of a Child: Recklessly causing serious brain injury to a child under five.
• Menacing a Police or Peace Officer: Intentionally placing an officer in fear of serious injury or death by displaying a weapon.
• Stalking in the First Degree: Stalking another and intentionally or recklessly causing injury or possessing a weapon while stalking.
  Strangulation in the Second Degree: Restricting another’s breathing or circulation, causing physical injury.
• Rape in the Second Degree: Engaging in sexual intercourse with someone under 15 when the offender is 18 or older or with someone incapable of consent.
• Criminal Sexual Act in the Second Degree: Engaging in oral or anal sexual conduct under the same circumstances as second-degree rape.
• Sexual Abuse in the First Degree: Same as under Class B when charged as a Class D due to different circumstances (such as age or injury severity).
• Course of Sexual Conduct Against a Child in the Second Degree: Engaging in two or more acts of sexual conduct, including sexual contact, with a child under 11.
• Aggravated Sexual Abuse in the Third Degree: Subjecting another to sexual abuse by inserting a foreign object without consent and under less severe circumstances than higher degrees.
• Facilitating a Sex Offense with a Controlled Substance: Administering drugs to another without consent to commit a sex offense.
• Labor Trafficking: Forcing someone to work through coercion, debt bondage, or withholding documents.
  Criminal Possession of a Weapon in the Third Degree: Possessing certain weapons with a prior conviction, or when the weapon is disguised or illegally modified.

Legal Implications of Violent Felonies

Being charged with a NY violent felony has wide-ranging implications that extend beyond the criminal trial itself. If convicted, you could face substantial prison time, restrictive parole conditions, and other penalties that may follow you for years to come. We have seen how these outcomes affect clients’ professional and personal lives, and we work tirelessly to minimize the consequences whenever possible.

Violent felony convictions may carry the following repercussions:

• Extended Incarceration: Sentences can range from several years to life imprisonment, depending on the offense, aggravating circumstances, and your past record.
• Financial Penalties: In addition to incarceration, the court may impose hefty fines that cause long-lasting financial strain.
• Permanent Criminal Record: A conviction stays on your record, often affecting your ability to secure employment, obtain housing, and pursue educational opportunities.
• Loss of Civil Rights: You may lose the right to vote, the right to own firearms, or the opportunity to serve on a jury.
• Immigration Consequences: Non-citizens risk deportation or denial of naturalization if convicted of a violent felony.
• Social Stigma: A violent crime conviction can damage personal relationships and community standing.

Our team focuses on building a robust defense that reflects the unique aspects of your situation while striving to protect your future and your reputation.

Defenses Against Violent Felony Charges

We understand how intimidating it can be to face violent felony charges, particularly when the prosecution seems to have collected substantial evidence against you. However, being charged does not mean you are guilty. You have critical legal rights, and our goal is to assert and protect them at every stage of the process.

Some of the defense strategies we may explore include:

1. Scrutinizing Evidence: We examine all evidence closely, from forensic reports to surveillance footage, looking for errors in collection or analysis.
2. Challenging Witness Testimony: Witnesses may be unreliable or biased. We assess the circumstances under which statements were made and look for inconsistencies.
3. Claiming Self-Defense: If you were defending yourself or someone else, we detail the facts surrounding the incident and argue the justifiable use of force.
4. Establishing an Alibi: Our team investigates any credible evidence that places you somewhere else at the time of the alleged crime.
5. Examining Constitutional Rights Issues: Unlawful searches, improper procedures, or other constitutional violations can invalidate key evidence.

Every case is different, and defending against violent felony charges requires a tailored and attentive approach. We work to build a detailed narrative that underscores your perspective and highlights weaknesses in the prosecution’s case. Even if the evidence seems overwhelming, there may still be viable ways to challenge the charges.

How We Can Help

Our firm has devoted years to defending individuals against violent felony charges in New York. We believe clients deserve a defense team that listens to their side of the story and crafts strategies to address their unique situations.

At the Law Office of James E. Tyner, PLLC we take a compassionate and proactive approach. We gather evidence, consult with experts if needed, and leverage our knowledge of local laws and courtroom procedures to build a solid foundation for your defense.

We also recognize the emotional and personal challenges that come with serious charges—particularly violent felonies. Our role goes beyond assembling legal arguments. We remain accessible throughout your case, ensuring you understand each step of the process and feel supported along the way. In our experience, open communication and a thorough investigation can significantly affect the outcome of complex, high-stakes cases.

Your future is at stake when you face violent felony charges. By partnering with us early, we can begin challenging the prosecution’s narrative, preserving evidence, and identifying potential legal defenses. Whether your case involves assault, robbery, or another violent offense, we commit ourselves to protecting your rights and advocating for your best interests.

Contact Us for Immediate  Legal Assistance

Violent felony charges can carry life-altering consequences. You do not have to go through this alone. At the Law Office of James E. Tyner, PLLC, we are here to guide you through the criminal justice process and work tirelessly to secure the best possible outcome for your situation.

If you or someone you care about has been charged with a violent felony in New York, take action right away. Early intervention makes a vital difference, allowing us to gather evidence, identify witnesses, and construct an effective defense. You deserve a team that believes in your right to a fair trial and is committed to fighting for you every step of the way. Contact us to schedule a free consultation.

FAQ

What is considered a violent felony under New York law?

In New York, a violent felony is a specific category of serious criminal offense defined by statute. These offenses are listed in the Penal Law and generally involve conduct that causes or threatens physical harm. Violent felonies are treated more severely than non-violent felonies in sentencing and legal consequences.

What are some examples of violent felonies in New York?

New York law includes certain crimes as violent felonies, such as specific degrees of robbery, burglary, assault, rape, sexual assault offenses, kidnapping, and some firearm-related crimes. Whether a charge qualifies as a violent felony depends on the exact offense level and the statutory classification.

Why does it matter if a felony is classified as violent?

The classification affects sentencing rules, eligibility for probation, parole considerations, and mandatory minimum prison terms. Violent felony convictions often carry harsher penalties and may limit alternatives to incarceration under New York law.

What are the sentencing consequences for a violent felony conviction?

Violent felonies in New York may require mandatory prison sentences, including determinate sentencing ranges that are set by law. The length of the sentence depends on the specific offense, the defendant’s criminal history, and other legal factors considered by the court.

What happens if someone is charged with a violent felony in New York?

The legal process typically includes arrest, arraignment, bail determination, court appearances, evidence exchange, and possible plea negotiations or trial. Because violent felonies carry significant penalties, cases often involve detailed legal procedures and court review before resolution.