Nassau County, Long Island Felony Attorney
Criminal Defense Attorney for Felony Charges on Long Island and in New York State
Facing felony charges in New York can lead to severe penalties. Whether charged with a violent felony, a drug crime, or a white-collar crime, generally, the prosecution will aggressively pursue the harshest potential sentence. Having a skilled and relentless legal advocate is essential. Gianni Karmily, a Nassau County, Long Island felony attorney, is committed to providing strategic, aggressive defense to protect your rights, challenge the prosecution’s evidence, and fight for the best possible outcome. With a deep understanding of New York’s criminal laws, he works tirelessly to minimize penalties, negotiate reduced charges, or secure case dismissals whenever possible.
To schedule a confidential consultation with the Law Firm of Gianni Karmily, PLLC, call the Great Neck office at (516) 630-3405 or the Hempstead office at (516) 614-4228.
New York Felony Classes
Class A Felony NY
A New York Class A felony is the most serious offense, carrying the harshest potential penalties, including life in state prison without parole in some cases. Offenses labeled Felony Class A include crimes such as murder and major drug trafficking offenses, with prison sentences starting at 15 to 25 years to life or even mandatory life in state prison without parole for the most severe felony charges.
Class B Felony NY
A New York Class B felony is a serious offense carrying a maximum sentence of 25 years in state prison, with mandatory minimums for violent felonies. Offenses labeled Felony Class B include crimes such as manslaughter and first-degree assault. Potential sentencing varies based on whether the crime is a non-violent or violent felony offense, with violent crimes receiving harsher potential penalties than non-violent offenses.
Class C Felony NY
A New York Class C felony is a mid-level felony charge carrying a maximum sentence of 15 years in state prison. Offenses labeled Felony Class C include crimes such as third-degree arson and first-degree vehicular manslaughter. While some non-violent felonies under New York Class C allow for probation or reduced sentences, violent felonies under New York Class C require mandatory prison sentences.
Class D Felony NY
A New York Class D felony is considered a lower-level felony charge but still carries serious potential penalties, with a maximum prison sentence of 7 years. Offenses labeled Felony Class D include charges such as second-degree assault and third-degree burglary. Some non-violent crimes labeled Felony Class D allow for alternative sentencing options like probation, while violent Class D felonies come with a mandatory prison sentence.
Class E Felony NY
A New York Class E felony is the least severe felony charge, with a maximum prison sentence of 4 years in state prison. Offenses labeled Felony Class E include crimes such as fourth-degree grand larceny and third-degree rape. Many felony Class E offenses are non-violent, meaning probation, fines, or alternative sentencing may be possible, though a felony conviction still results in a permanent record.
If you’ve been charged with a felony, you need a skilled Nassau County, Long Island felony defense lawyer. Contact criminal defense attorney Gianni Karmily to learn about your legal options.
Violent Felony Charges in New York
Violent felony charges in New York State carry some of the harshest penalties, including mandatory prison sentences and long-term consequences for felony convictions. Being convicted of a violent offense can result in years behind bars.
Contact Nassau County, Long Island felony criminal defense lawyer Gianni Karmily to schedule a confidential consultation.
Most Serious Violent Offenses
- Murder – § 125.27 and § 125.25 (Class A-I) – First-degree murder is reserved for intentional killings involving aggravating factors such as murder-for-hire, killing law enforcement, or multiple deaths. Second-degree murder covers intentional homicide, depraved indifference homicide, and felony murder in New York.
- Attempted Murder – § 110/125.27 and § 110/125.25 (Class A-I and B) – Attempted Murder in the First Degree involves engaging in conduct which tends to effect the commission of such crime by intentionally causing the death of another person under specific aggravating circumstances, such as targeting law enforcement or committing the act as part of a murder-for-hire scheme. Attempted Murder in the Second Degree involves intentionally trying to kill another person without the additional aggravating factors.
- Manslaughter – § 125.20 and § 125.15 (Class B and C) – Manslaughter occurs when someone intentionally causes the death of another person under extreme emotional disturbance or with Intent to cause a serious physical injury; or when someone recklessly causes the death of another person.
- Criminally Negligent Homicide – § 125.10 (Class E) – Criminally negligent homicide is one of the least severe New York homicide charges, occurring when someone causes another person’s death through criminal negligence, carrying a penalty of up to four years in state prison.
- First-Degree Assault – § 120.10 (Class B) – A person can face assault charges in New York when they cause serious physical injury using a deadly weapon or engage in conduct showing depraved indifference to human life.
- Second-Degree Assault – § 120.05 (Class D) – The felony charges are increased when the defendant uses a deadly weapon or assaults a police officer or emergency worker.
- First-Degree Reckless Endangerment – § 120.25 (Class D) – Someone can face reckless endangerment charges in New York if, under circumstances evincing a depraved indifference to human life, they recklessly engage in conduct which creates a grave risk of death to another person.
Anyone facing these violent felony charges in New York should seek immediate legal representation from a Nassau County, Long Island violent crimes lawyer to build a strong defense, challenge the prosecution’s case, and fight for the best possible outcome in the criminal case.
Felony Sex Crimes
- First-Degree Rape – § 130.35 (Class B) – This covers forcible compulsion to criminal cases involving individuals who are legally unable to consent due to age or incapacity. First-degree rape carries the harshest potential penalties, typically involving forcible compulsion, individuals under 11, or when an individual is under 13 and the actor is 18 years old or more.
- Second-Degree Rape – § 130.30 (Class D) – This applies when the individual is under 15 or when the individual is mentally disabled or incapacitated.
- Second-Degree Rape – § 130.30 (Class D) – This applies when the individual is under 15 or when the individual is mentally disabled or incapacitated.
- First-Degree Sexual Abuse – § 130.65 (Class D) – This involves forceful sexual contact, sexual contact on a physically helpless person, or a person under 11. This felony charge does not require intercourse, but any unwanted sexual contact under these circumstances can lead to a serious prison sentence.
- Aggravated Sexual Abuse – § 130.70, § 130.67, § 130.66, § 130.65-a (Class B, C, D, E) – First-degree aggravated sexual abuse involves using a foreign object causing serious physical injury by forcible compulsion, or when the other person is incapable of consent by reason of being physically helpless, or when the other person is less than 11 years old. Second-degree, instead of a foreign object, involves using a finger. Third-degree involves the same conduct with or without the elements of physical injury, and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated. Fourth-degree involves the insertion of a foreign object or finger, and the other person is incapable of consent by reason of some factor other than being less than 17 years old.
The difference between rape and sexual assault in New York comes down to the type of act involved. Rape includes any non‑consensual sexual contact or penetration (vaginal, oral, or anal), while sexual assault refers more broadly to non‑consensual touching of intimate parts for sexual gratification, including offenses like forcible touching or sexual abuse. Anyone facing these felony charges should seek immediate legal representation from a Nassau County, Long Island sex crimes lawyer.
Felony Kidnapping, Stalking, and Unlawful Restraint
- Kidnapping – § 135.25, § 135.20 (Class A-I and B) – First-degree kidnapping applies when a person is held for ransom, restrained for more than 12 hours under dangerous conditions, or harmed, or the person abducted dies during the abduction or before that person is able to return or to be returned to safety, carrying penalties of potential life in state prison as a Felony Class A-I. Second-degree kidnapping is a Felony Class B, involving abduction without the aggravated factors.
- First-Degree Unlawful Imprisonment – § 135.10 (Class E) -These felony charges apply when someone restrains another person under circumstances that risk serious physical injury.
- First- and Second-Degree Stalking – § 120.60, § 120.55 (Class D and E) – First-degree stalking applies when someone intentionally or recklessly causes physical injury, commits third-degree rape, or has been convicted previously of certain sex crimes. Second-degree stalking includes threats involving a weapon, repeated offenses, or targeting a child under 14. Both carry serious prison sentences and lasting consequences under the state’s criminal laws.
Nassau County, Long Island felony criminal defense attorney Gianni Karmily has a deep understanding of the state’s criminal laws and will work tirelessly to reduce your potential sentence and ensure you’re treated fairly.
Felony Theft Crimes
- Robbery – § 160.15, § 160.10, § 160.05 (Class B, C, and D) – First-degree robbery involves using a deadly weapon, causing serious injury, or targeting certain individuals. Second-degree robbery applies when the crime is committed with an accomplice, results in physical injury, or involves displaying a firearm. Third-degree robbery involves force but without weapons or serious injury.
- Burglary – § 140.30, § 140.25, § 140.20 (Class B, C, and D) – First-degree burglary occurs when the alleged offender is armed, causes injury or enters a dwelling. Second-degree burglary applies when the crime occurs in a dwelling or involves a weapon or injury risk. Third-degree burglary in New York covers unlawful entry into any building with criminal intent, even if unarmed, and no one is harmed.
- First- and Second-Degree Auto Stripping – § 165.10 and § 165.09 (Class D and E) – Auto stripping is charged when a person removes parts from a vehicle without permission. Second-degree charges apply when the conduct involves intent to sell or parts valued over $1,000, and first-degree charges apply when the person has prior convictions for auto stripping offenses.
- Theft of Services – § 165.15 – (Contingent) – Theft of services is charged as a felony in New York when the value of the services exceeds $1,000. This offense is classified based on the value thresholds in the grand larceny statutes. It is treated as a Class E felony if the value exceeds $1,000, a Class D felony if it exceeds $3,000, a Class C felony if it exceeds $50,000, and a Class B felony if it exceeds $1,000,000.
- Extortion – § 155.05, § 155.40, and § 155.42 (Class C or B) – Extortion is charged when property is obtained through threats such as physical harm, damage, or exposing secrets. It is classified as second-degree grand larceny when the value exceeds $50,000 and first-degree grand larceny when it exceeds $1,000,000.
If you’re facing felony charges in New York State, you need a criminal defense attorney with a deep understanding of the state’s criminal laws and legal system. Contact a Nassau County, Long Island burglary lawyer to explore your legal options.
Felony Arson
Felony charges for arson in New York apply when someone intentionally or recklessly causes a fire or explosion that damages property, with potential penalties depending on intent, injury, and use of explosives.
- First-Degree Arson – § 150.20 (Class A-I felony) – A person is guilty of first-degree arson when they intentionally damage a building or motor vehicle by causing a fire or explosion. This applies when such an event is caused by throwing, propelling, or placing an incendiary device near the target, the fire or explosion causes serious injury to someone else, or when the defendant allegedly caused the fire or explosion for profit. This comes with a potential sentence of life in state prison.
- Second-Degree Arson – § 150.15 (Class B felony) – A person commits second-degree arson when they intentionally damage a building or vehicle by setting a fire, endangering human life. This applies when another non-involved person is inside at the time, or there is reasonable foreseeability that someone else is inside.
- Third-Degree Arson – § 150.10 (Class C felony) – A person commits third-degree arson by intentionally damaging a building or motor vehicle by starting a fire or causing an explosion. Affirmative defenses apply if the defendant was the sole owner or had consent from everyone with a legal interest, the intent was to destroy or damage property for lawful reasons, and there was no risk to human life or other property.
- Fourth-degree Arson – § 150.05 (Class E felony) – A person commits fourth-degree arson when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion. It is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.
- Fifth-Degree Arson – § 150.01 (Class A misdemeanor) – A person commits fifth-degree arson by intentionally damaging the property of another without consent of the owner by intentionally starting a fire or causing an explosion. A misdemeanor charge generally applies when only property is damaged without the owner’s consent and no one is endangered. A felony charge generally applies when the fire or explosion damages property, risks or causes injury, or involves occupied structures or intent to profit.
Arson convictions can lead to time in state prison, fines, and a permanent record, making hiring a strong felony criminal defense attorney on Long Island or in New York State critical.
Felony Firearms and Weapons Offenses
Firearms and weapons charges in New York carry severe penalties, especially for illegal possession, use, or trafficking of firearms. Felony charges range from criminal possession of a weapon (§ 265.04, § 265.03, § 265.02) to criminal sale of a firearm (§ 265.13, § 265.12, § 265.11), with potential penalties based on prior criminal history, possession of an unlicensed gun, or intent to use a weapon unlawfully. If convicted, the defendant can face severe penalties, including years in prison, probation, fines, and permanent loss of firearm rights.
Anyone facing these felony charges in New York State should immediately consult a Nassau County, Long Island, weapons defense lawyer to challenge the evidence, fight for reduced charges, or seek case dismissal.
Non-Violent Felony Offenses in New York State
Non-Violent Felony Property Crimes
- First- and Second-Degree Forgery – § 170.15, § 170.10 (Class C and D) – First-degree forgery applies when the document is a valuable financial instrument, government-issued form, or stock certificate. Second-degree forgery includes falsifying legal contracts, deeds, wills, codicils, assignments, commercial instruments, credit cards, prescriptions for controlled substances or medical devices, public records, certificates issued by the government or public servants, or instruments requiring filing in public offices.
- Grand Larceny – § 155.42, § 155.40, § 155.35, § 155.30 (Class B, C, D, and E) – This involves stealing property of significant value, with felony charges escalating based on the amount allegedly stolen and circumstances. First-degree grand larceny applies when the property is valued at more than $1 million. Second-degree covers values over $50,000, while third-degree involves theft over $3,000. Fourth-degree grand larceny includes theft of over $1,000 or specific types of property.
- First-, Second-, and Third-Degree Criminal Possession of Stolen Property – § 165.54, § 165.52, § 165.50 (Class B, C, and D) – First-degree possession of stolen property applies when the property is valued at more than $1 million. Second-degree covers property worth over $50,000, while third-degree applies to $3,000 or more. In New York, you can face enhanced felony charges if the property is retained for resale, altered, or connected to a larger scheme.
The difference between larceny and theft in New York is in terminology—New York law uses “larceny” instead of “theft” to describe unlawfully taking someone else’s property. Grand larceny charges in New York apply when the property is valued over $1,000.
Felony Drug Offenses in New York
New York has strict laws for drug offenses, and certain offenses are classified as felonies, carrying severe penalties. The severity of a felony charge depends on the type and quantity of the drug, intent to sell, and prior criminal record.
Common felony drug offenses include:
- Criminal Possession of a Controlled Substance – § 220.21, § 220.06 (Class A-I and D) – Possessing large amounts of narcotics like heroin, cocaine, fentanyl, or methamphetamine can result in felony charges, even if the drug offense occurs without intent to sell.
- Criminal Sale of a Controlled Substance -§ 220.43, § 220.31 (Class A-I and D)– Selling, distributing, or intending to sell illegal drugs or prescription medications are felony charges, with harsher penalties for sales near schools or to minors.
- Operating as a Major Trafficker – § 220.77 – Engaging in large-scale drug distribution or trafficking can lead to a New York Class A felony, which carries a potential life prison sentence.
Being convicted of a drug crime can result in years in state prison, asset forfeiture, and permanent damage to employment and housing opportunities. Those facing such felony charges in New York State should seek representation from a Nassau County, Long Island drug crime defense attorney to challenge the prosecution’s case and evidence, negotiate reduced charges, or explore alternative sentencing options.
Felony Criminal Mischief Crimes
Criminal mischief in New York applies when a person intentionally or recklessly damages property without permission. The severity of the criminal mischief charge depends on the amount of damage, intent, and whether explosives were used, ranging from misdemeanor to felony charges.
- First-Degree Criminal Mischief in New York (§ 145.12, Felony Class B) – The most serious charge, involving property damage caused by an explosive, carrying a maximum sentence of 25 years in state prison.
- Second-Degree Criminal Mischief in New York (§ 145.10, Felony Class D) – Applies when property damage exceeds $1,500, with potential penalties of up to 7 years in state prison.
- Third-degree criminal mischief in New York – (§ 145.05, Felony Class E) – A person is guilty of third-degree criminal mischief when they intentionally damage property without any right or reasonable belief of having such right, and either break into a locked vehicle to steal property with three or more prior criminal mischief convictions in the past ten years, or cause property damage exceeding $250. This comes with a maximum sentence of 4 years.
- Fourth-degree criminal mischief in New York (§ 145.00, Misdemeanor Class A) – The least severe charge, covering any intentional or reckless property damage, punishable by up to 364 days in local county jail.
A felony conviction for criminal mischief in New York State can lead to a prison sentence or time in local jail, probation, fines, and a permanent criminal record, affecting employment and housing opportunities. Working with a Nassau County, Long Island criminal mischief lawyer is critical to challenge the prosecution’s case and evidence, reduce charges, or negotiate alternative sentencing.
Felony Perjury and Obstruction of Governmental Administration
New York State treats perjury and obstruction of justice as serious felony charges, carrying prison sentences, fines, and long-term consequences.
- Perjury – § 210.15, § 210.10 (New York Class D and E Felony) – First-degree perjury applies when the false statement consists of testimony and is material to the action, while second-degree perjury applies when the false statement is made in a subscribed written instrument for which an oath is required by law, intending to mislead a public servant in the performance of his official functions, and is material to the action.
- Obstruction of Governmental Administration – § 195.07, § 195.08, § 195.17 (New York Class D, D Felony, and E Felony) – First-degree obstruction applies when a person interferes with a telecommunications system during second-degree obstruction and causes serious injury (Class E felony); using a self-defense spray to impair a law enforcement officer is a Class D felony; obstruction involving a bomb, explosive, or hazardous substance to delay government functions is also a Class D felony.
- Concealment of a Human Corpse – § 195.02 (New York Class E Felony) – Applies when a person knowingly conceals, alters, or destroys a human corpse, knowing or reasonably expecting it may be evidence in a criminal investigation or official proceeding.
Felony convictions can result in harsh prison sentences and career consequences, making a strong legal defense from a Nassau County, Long Island felony criminal defense lawyer crucial.
Penalties for a Felony Conviction in New York State
Felony penalties vary based on the felony class, the nature of the crime, and whether the defendant has prior convictions.
These are categorized from Felony Class A-I (the most severe) to Felony Class E (the least severe), with some violent felonies carrying mandatory prison sentences. In New York, Class A-I felonies can result in life in prison, while Class B, C, D, and E felonies have potential sentences ranging from four years to 25 years in state prison, depending on the crime.
Non-violent felonies may allow for probation or reduced sentencing, but defendants labeled as persistent or predicate felons face harsher penalties. A felony conviction also leads to a permanent criminal record, affecting employment, housing, and civil rights. With severe consequences at stake, a strong criminal defense attorney on Long Island or in New York is essential to challenge evidence and protect your legal rights.
Misdemeanor vs Felony Convictions in New York
The difference between misdemeanors and felonies lies in the crime’s severity and potential penalties. Misdemeanors are lower-level offenses that carry maximum sentences of up to 364 days in local jail, probation, and fines. Being convicted of a felony can result in years in state prison and a permanent criminal record.
Felonies are classified by severity, with violent felony charges leading to harsher prison sentences, especially for those with prior felony convictions who may be considered predicate felons.
Crimes like criminal mischief and drug crimes can be charged as either misdemeanors or felonies, depending on the circumstances. Given the severe consequences of a potential sentence, working with a Nassau County, Long Island felony attorney is critical. A dedicated felony criminal defense attorney can challenge the prosecution’s case, analyze evidence, and fight for a reduced prison sentence or alternative sentencing options before trial.
If you’re facing misdemeanor charges, Nassau County, Long Island misdemeanor lawyer Gianni Karmily can help ensure you are treated fairly and work tirelessly to protect your rights.
How Criminal History Affects Sentencing for Felony Crimes in New York State
New York categorizes criminal history for felony crimes to determine sentencing severity. Those with prior felony convictions within 10 years are considered predicate felons, and individuals with multiple felony convictions may be labeled persistent felony offenders, leading to longer prison sentences or life sentences.
If you’ve already been convicted, especially for a violent felony, you’re facing severe consequences. You need a dedicated New York felony attorney who will work tirelessly to ensure you’re treated fairly.
NY Predicate Felon Meaning
A predicate felon in New York is a person who has a previous felony conviction within the past 10 years before committing a new felony offense. This increases penalties, meaning the defendant faces mandatory enhanced punishment, such as longer prison sentences or higher fines, under New York’s recidivist sentencing laws.
Violent Predicate Felon NY
A violent predicate felon in New York is a person who has a prior felony conviction of a violent felony within the past 10 years and is convicted of a new violent offense. This leads to harsher penalties, including mandatory minimum prison terms, with no option for probation or alternative sentencing.
NY Discretionary Persistent Felon
A discretionary persistent felon is a person who has at least two previous felony convictions, and the court decides that their prior criminal history justifies an enhanced sentence. Unlike mandatory predicate felon sentencing, this designation is up to the judge’s discretion, allowing the court to impose an indeterminate life prison sentence if deemed necessary.
Persistent Violent Felon NY
A persistent violent felon is a person who has two or more prior violent felony convictions and is convicted of a new violent felony. Under New York Penal Law § 70.08, this results in a mandatory indeterminate life prison sentence with a minimum prison term set by the court. Someone convicted of three felony charges in New York may face enhanced sentencing under the state’s persistent felony offender laws or persistent violent felony offender laws, depending on the nature of the crime.
How a Criminal Defense Lawyer Can Help Those Accused of Felony Crimes in New York
A Nassau County, Long Island felony crimes lawyer plays a critical role in protecting your rights, building a strong defense, and navigating the complexities of the legal system. Attorney Gianni Karmily can analyze evidence, negotiate plea deals, and fight for reduced charges or case dismissal.
In New York, where felony convictions carry severe penalties, having the right legal representation can make all the difference. With a deep understanding of state law, skilled felony lawyer Gianni Karmily will ensure you are treated fairly and explore alternative sentencing options to reduce your potential sentence.
Nassau County, Long Island Felony Defense Lawyer
When facing felony charges, the potential penalties can be life-altering, making it crucial to have a skilled attorney by your side. A dedicated Long Island felony lawyer will guide you through every step of the legal process, from pre-trial motions to trial defense, ensuring your rights are protected. The right criminal law firm will fight to reduce charges, challenge evidence, and explore all legal options to minimize consequences. If you’ve been accused of a crime, Nassau County, Long Island defense lawyer Gianni Karmily will provide the aggressive representation needed to secure the best possible outcome.
To schedule a confidential consultation with the Law Firm of Gianni Karmily, PLLC, call the Great Neck office at (516) 630-3405 or the Hempstead office at (516) 614-4228.