Felonies vs. Misdemeanors in New York: Key Differences to Know!

You should take any criminal charges seriously in New York, but you should also know that the severity of your punishment will depend on the level of your crime. Knowing what to expect requires a clear understanding of the differences between felonies vs. misdemeanors in New York. Greco Neyland, PC, can explain these differences and defend you against either type of charge.

Misdemeanor Offenses

Misdemeanors are the lowest levels of criminal offenses in New York. They’re more serious than violations but less serious than felonies. Misdemeanors can be divided into three groups:

1. Class A Misdemeanors: Class A misdemeanors are the most serious type. They are punishable by up to a year in jail.
2. Class B Misdemeanors: Class B misdemeanors are slightly less serious. They are punishable by up to three months in jail.
3. Unclassified Misdemeanors: Unclassified misdemeanors include charges such as driving while intoxicated, which can be punishable by up to a year in jail. However, the most Unclassified misdemeanors can result in up to three years of probation.

If you’re facing a misdemeanor charge, you can benefit from working with a New York criminal defense attorney.

Felony Offenses

Felonies are the most serious category of crimes. If you’re found guilty of a felony, you may be sentenced to prison for a year to life. However, there are also sentences that include jail time of less than one year, probation, or a discharge. Some of the most serious felonies include:

• Murder
• Rape
• Robbery
• Arson Defense 
• Selling drugs

As is the case with misdemeanors, felonies in New York are divided into different categories based on their severity. The punishments for the different classes vary. Here’s what you can expect:

• Class A-I or A-II. Life in prison
• Class B. 25 years in prison
• Class C. 15 years in prison
• Class D. Seven years in prison
• Class E. Four years in prison

The exception is certain drug felonies. Some of these drug felonies do not allow life sentences, even if they are considered Class A-I or A-II crimes.

Violent vs. Non-Violent Felonies

There’s a second classification system you should be aware of for felonies. Felony offenses can be defined as either violent or non-violent, and the difference isn’t as clear as you might think. Under New York State Penal Law, it’s not what happened in a particular criminal case that defines a felony as violent or non-violent.

Certain Class B, C, D, and E felonies are considered violent felonies, including offenses like robbery, even if no act of violence was committed during the crime. All Class A felonies are violent crimes. The punishments for violent felonies are fixed, while those for non-violent felonies are usually more ambiguous, allowing for release after a set period of time if certain conditions are met.

Long-Term Effects of Felonies vs. Misdemeanors

The long-term effects of felonies vs. misdemeanors are different in ways that extend beyond your initial punishment. There’s a greater stigma associated with the commission of felony offenses and long-term consequences, including the permanent loss of your right to own a firearm or serve on a jury. Finding employment is more difficult for convicted felons, and getting a felony sealed or expunged is very challenging.

You may be disqualified from obtaining or maintaining a professional license in some fields with a felony conviction. These include law, healthcare, real estate, and education. Landlords can deny your housing application because of a felony record, and there will be eligibility restrictions or bans from participating in public housing programs. Even your eligibility for federal student aid and scholarships will be limited.

If you’re facing a felony conviction, you should not go through this difficult process without the assistance of a lawyer; ideally, one who has experience in handling these more serious criminal charges. Hiring a lawyer is the most effective way to improve your odds of getting your case dropped, your charges reduced, or a not-guilty verdict in court.

FAQs

What Is the Difference Between a Misdemeanor and a Felony in NY?

The difference between a misdemeanor and a felony in New York lies in the severity of the crime. Misdemeanors are generally considered less serious than felonies. A conviction will result in jail time, not prison time, and you’ll pay less substantial fines. Examples of misdemeanors include petit larceny, forcible touching, and third-degree assault. Examples of felonies include grand larceny, robbery, drug distribution, and murder.

What Percentage of Misdemeanors Get Dismissed?

It’s difficult to say what percentage of misdemeanors get dismissed in New York. In 2024, 37.95% of cases were dismissed in New York City. Another 13.47% were dismissed following an alternative court program. In 2025, 77.5% of cases prosecuted in NYC were misdemeanors. While a minority of misdemeanor cases are most likely dismissed, it’s a significant minority.

Is My Life Ruined If I Get a Misdemeanor?

Your life will not necessarily be ruined if you get a misdemeanor. Misdemeanors are less serious crimes than felonies. Depending on the exact charges and the outcome of your case, there are several ways you can minimize or avoid long-term impacts. The Empire State also has protections in place under its Correction Law Article 23-A. This prevents employers from denying you a job or firing you based on your criminal record without a relationship between your offense and the job.

How Long Do Misdemeanors Stay on Your Record in New York?

How long misdemeanors stay on your record in New York depends on the circumstances surrounding your crime. The New York Clean Slate Act allows for the automatic sealing of most criminal convictions, including misdemeanors, after three years. However, to have your record automatically sealed, you must complete your probation or parole, and you cannot have any new convictions or pending charges during that time.

Hire a Felony Lawyer Today

If you’re facing felony charges, you need to hire a felony lawyer right away to avoid the worst potential outcomes of your case. The team here at Greco Neyland, PC, has experience in defending clients facing serious felony charges. We’re intimately familiar with New York felony laws and how they impact different types of cases. We’re also well-versed in misdemeanor laws and happy to take on misdemeanor cases for our clients. Contact us to schedule an initial consultation today.