Major Felony Offenses

There are seven major felonies, including murder and rape, robbery as well as felony assault, burglary and grand larceny.

It is crucial that you have an experienced and reliable criminal lawyer to represent you if you face a felony case. There is hope with Benjamin Greenwald’s legal representation.

A felony conviction can have a major impact on your life. It is important to retain a criminal lawyer to help you defend your case and protect your future.

Murder in First Degree

First degree murder is a class A-I crime and could result in death, life imprisonment, without parole, or imprisonment for between 20 and 25 year. Your criminal lawyer can help defend your case by arguing for extreme emotional disturbance, mental illness, defense or self-defense.

Rape

There are three levels of rape charges: the first, second and third.

• First Degree: When the defendant is over 18 and the victim 13 or younger, when the victim cannot consent due to physical helplessness or when the victim is forced into sex through physical force, a threat, death, injury or kidnapping. This could lead to five to 25 years imprisonment and as much as $5,000 in fines.
• Second Degree: A person is guilty of second-degree rape if they have sexual intercourse with someone younger than 15, or older than 18. Or if the victim is unable or unable to consent because of a mental disability. This could lead to up to 7 years imprisonment and up to $5,000 in penalties.
• Third Degree: A person is guilty of third-degree rape when they have sex with someone younger than 17. This could lead to up to four years imprisonment and up to $5,000 in penalties.

The defense to rape charges can be based on the fact that the victim was younger than the defendant or had a mental disability.

Robbery

Robbery refers to the act of extorting property. Larceny can be elevated to robbery if the defendant threatens physical force to stop the owner resisting the robbery.

• First degree robbery can result in up to seven years imprisonment.
• A Class C felony, second-degree robbery could lead to seven to fifteen years imprisonment.
• Third degree robbery can be a Class B felony that could lead to 10-25 years in prison.

There are several defenses that could be used. These include the fact that the defendant was not allowed to fire their firearm, was under duress, had a mental disorder or defect, and was younger than fourteen years old.

Call a criminal lawyer if you face murder, rape or robbery. They have the knowledge and experience to help you get a positive result. Benjamin Greenwald’s law office is ready to fight for you.

Felony Assault

There are many charges that can be considered assault, but the most important requirement is that the defendant inflicts physical injury on the victim. The severity of the sentence is determined by the severity of injury, whether the defendant used a weapon or if the defendant’s mental capacity. A third-degree assault charge can be made when the victim is a policeman or the defendant is convicted of the same offense in three years. When defending this type felony charge, a criminal lawyer will attempt to prove that there was no injury, no intent or self-defense.

• A police officer could be sentenced to 25 years imprisonment for aggravating assault in the first degree or a fine of up to $5,000.
• A minor can be convicted of aggravating assault and could face up to four years imprisonment or a $5,000 fine.
• A second-degree assault can result in three to seven year imprisonment or a maximum of $5,000 in fines.
• A third-degree assault can result in a one-year sentence or a $1,000 fine.

Burglary

Burglary occurs when someone enters a property and does not consent to it (third-degree). It does not have to be forced. Burglary is still possible even if only a small portion of the body was present on the property. For example, an arm reaching through windows or reaching for a window. Intent to commit a crime on property is the second element of burglary. An attorney must prove intent. If the property is a house or the defendant is injured or is armed, second-degree burglary can be committed. First-degree burglary occurs when the property is a house and the defendant causes injury or uses threat.

• A third-degree conviction could result in one to seven years imprisonment.
• A second-degree conviction could result in one to fifteen years imprisonment.
• A first-degree conviction could result in one to 25 years imprisonment

Grand Larceny, Grand Larceny of a Motor Vehicle

New York has four types of felonies that relate to grand larceny or theft.

• E felonies include credit card theft, embezzlement, pickpocketing, and larceny in amounts between $1,000 and $3,000. A first-time offender could spend anywhere from one to four years prison.
• D felonies include theft, extortion or embezzlement between $3,000 to $50,000. One to seven years could be spent in prison for offenders.
• C felonies include embezzlement or theft of between $50,000 and one-million dollars, second-degree grand larceny, and embezzlement. A defendant could spend up to 15 years prison if convicted.
• B felonies: This includes theft exceeding one million dollars or first-degree grand larceny. These offenders could spend up to 25 years behind bars.

Grand theft of a motor vehicle constitutes a separate felony offense. Grand theft auto is a separate felony. It doesn’t matter what the vehicle’s condition is. This charge carries a minimum of four years imprisonment.

A criminal lawyer with experience will be able to represent you if you are facing a charge of felony. There is hope for a successful case with the right defense. Benjamin Greenwald is available for legal advice.

from Greenwald Law Firm https://www.greenwaldfirm.com/criminal-defense/major-felony-offenses/
via Benjamin Greenwald