Criminal penalties in New York
Checked in October 2026 against the New York Penal Law (2025).
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How New York sets penalties
- New York sorts felonies into classes: A-I and A-II (the most serious), then B, C, D and E (the least). Each class has a maximum (§ 70.00): life for class A; 25 years for B; 15 for C; 7 for D; 4 for E.
- A 'violent felony offense' (listed in § 70.02) carries a fixed (determinate) term between a minimum and a maximum: class B 5 to 25 years; class C 3.5 to 15 years; class D 2 to 7 years.
- Other felonies carry an indeterminate term: the court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum.
- A class A misdemeanor carries up to 364 days in jail and a fine of up to $1,000 (§§ 70.15 and 80.05).
Death penalty: New York has no death penalty in force. The most serious sentence for first-degree murder is life imprisonment without parole (§ 70.00(5)).
First-degree murder
Life imprisonment without parole (or life with a long minimum term)
Murder in the first degree (Class A-I felony)
- Least
- Life, with a minimum term of 20 to 25 years in some cases
- Most
- Life imprisonment without parole
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A class A-I felony. A life sentence carries a minimum of 15 to 25 years under § 70.00(3), and a life sentence without parole may be imposed for first-degree murder (§ 70.00(5)).
Second-degree murder
Life, with a minimum of 15 to 25 years
Murder in the second degree (Class A-I felony)
- Least
- A life sentence with a minimum of at least 15 years
- Most
- Life, with a minimum of up to 25 years (life without parole in a few listed cases)
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Voluntary manslaughter
5 to 25 years
Manslaughter in the first degree (including killing under extreme emotional disturbance) (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A violent felony offense, so the term is fixed between 5 and 25 years (§ 70.02(3)(a)).
Robbery
2 to 7 years (third degree) up to 5 to 25 years (first degree)
Robbery in the third degree (Class D violent felony)
- Least
- 2 years
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Robbery in the second degree (Class C violent felony)
- Least
- 3.5 years
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Robbery in the first degree (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
For example, where the robber causes serious injury, is armed with a deadly weapon, or displays what appears to be a firearm.
Burglary
Up to 7 years (third degree) up to 5 to 25 years (first degree)
Burglary in the third degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Burglary in the second degree (Class C felony)
- Least
- 3.5 years if of a dwelling (a violent felony)
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Burglary of a dwelling is a violent felony offense (3.5 to 15 years). Other second-degree burglary is a non-violent class C felony (maximum 15 years).
Burglary in the first degree (of a dwelling, with an aggravating factor) (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Arson
Up to 4 years (fourth degree) up to life (first degree)
Arson in the fourth degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Arson in the third degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Arson in the second degree (a person other than the defendant is present) (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Arson in the first degree (Class A-I felony)
- Least
- A life sentence with a minimum of at least 15 years
- Most
- Life, with a minimum of up to 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Aggravated assault
Up to 7 years (second degree) up to 5 to 25 years (first degree); 10 to 30 years if the victim is a police officer
Assault in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Some forms are violent felony offenses (2 to 7 years). Others carry an indeterminate sentence with a maximum of up to 7 years.
Assault in the first degree (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Aggravated assault upon a police officer or peace officer (Class B violent felony)
- Least
- 10 years
- Most
- 30 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
The term is raised to between 10 and 30 years (§ 70.02(3)(a)).
New York has no offence called 'aggravated assault' except against police and peace officers. These are assault in the second and first degrees.
Rape and sexual assault
Up to 4 years (third degree) up to life (predatory sexual assault)
Rape in the third degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Rape in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Rape in the first degree (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A violent felony offense, followed by a period of post-release supervision.
Predatory sexual assault (Class A-II felony)
- Least
- A life sentence with a minimum term set by the statute
- Most
- Life
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A longer minimum applies than for other class A-II felonies (§ 70.00(3)).
Kidnapping
Up to 4 years (unlawful imprisonment) up to life (kidnapping in the first degree)
Unlawful imprisonment in the first degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Kidnapping in the second degree (Class B violent felony)
- Least
- 5 years
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Kidnapping in the first degree (Class A-I felony)
- Least
- A life sentence with a minimum of at least 15 years
- Most
- Life, with a minimum of up to 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
Embezzlement
Up to 364 days (petit larceny) up to 25 years (grand larceny, first degree)
Petit larceny (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 364 days in jail
- Fine
- Fine of up to $1,000 (§ 80.05)
Grand larceny in the fourth degree (Class E felony)
- Least
- No minimum term set by the statute
- Most
- 4 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Grand larceny in the third degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Grand larceny in the second degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Grand larceny in the first degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
New York treats embezzlement as larceny (§ 155.05). The class depends on the value taken and sometimes the kind of property.
Forgery
Up to 364 days (third degree) up to 15 years (first degree)
Forgery in the third degree (Class A misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 364 days in jail
- Fine
- Fine of up to $1,000 (§ 80.05)
Forgery in the second degree (Class D felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Forgery in the first degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
A non-violent felony carries an indeterminate sentence. The court sets the maximum, and the minimum is at least 1 year and no more than one-third of the maximum (§ 70.00).
Drunk driving, first offence
A fine of $500 to $1,000 or up to 1 year in jail, or both
Driving while intoxicated, first offence (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail (a fine alone is also allowed)
- Fine
- Fine of $500 to $1,000
The court can impose a fine, imprisonment, or both. A licence revocation also follows. Higher penalties apply to aggravated DWI and to repeat offences.
Compare with: Iowa, Arizona, California, Florida, Texas, Virginia, Washington, Maryland.
