New York Felony Sentencing Chart: Ranges, Enhancements, Parole

A New York felony sentencing chart shows the prison ranges tied to each class of felony, from Class E at the bottom (up to 4 years) to Class A-I at the top (up to life). The exact range in any case depends on three things: the class of the offense, whether it is classified as violent or non-violent, and whether the defendant has qualifying prior felony convictions. Drug felonies follow their own framework. The charts below lay out the statutory ranges, and the sections after them explain the pieces of a sentence the chart alone doesn’t show.

How New York Classifies Felonies

New York sorts felonies into six tiers: A-I, A-II, B, C, D, and E. Class A is split because the gap between the worst Class A offenses and the rest is enormous. First-degree murder and operating as a major drug trafficker sit in A-I; many second-degree drug possession offenses fall into A-II.¹ Class E is the least severe tier and covers offenses like scheme to defraud in the first degree.²

Class alone doesn’t set the sentence. New York draws a sharp line between violent and non-violent felonies, and that line controls the entire sentencing structure. Violent felonies get determinate (fixed) sentences with longer mandatory minimums. Non-violent felonies get indeterminate (range-based) sentences where the parole board decides the actual release date. The list of offenses that count as violent is set in Penal Law 70.02 and includes first-degree assault, second-degree robbery, and first-degree manslaughter, among others.³

Drug felonies sit in a third framework under Penal Law 70.70. They carry determinate sentences even though most drug offenses are technically non-violent, and the class turns on the type and quantity of substance involved. Second-degree criminal possession of a controlled substance, for example, requires at least four ounces of a narcotic drug or two ounces of methamphetamine.⁴

Non-Violent Felony Sentencing Ranges

Non-violent felonies carry indeterminate sentences under Penal Law 70.00. The judge sets a maximum within the statutory limit, and the minimum cannot exceed one-third of that maximum (with a floor of one year). Parole eligibility opens once the minimum is served.⁵

Class A-I: Life imprisonment, minimum 15 to 25 years before parole eligibility. First-degree murder raises the minimum to 20 to 25 years. Second-degree murder with a terrorism victim and aggravated murder carry life without parole.
Class A-II: Life imprisonment, minimum 3 to 8⅓ years. Predatory sexual assault is an exception, with a minimum of 10 to 25 years.
Class B: Up to 25 years maximum, minimum 1 to 8⅓ years.
Class C: Up to 15 years maximum, minimum 1 to 5 years.
Class D: Up to 7 years maximum, minimum 1 to 2⅓ years.
Class E: Up to 4 years maximum, minimum 1 to 1⅓ years.

These ranges apply to non-violent, non-drug offenses like grand larceny and fraud. The wide gap between minimum and maximum means the parole board holds significant power over when someone actually gets out.

Violent Felony Sentencing Ranges

Violent felony sentences are determinate, meaning the judge picks a single fixed term. There is no parole board vote on release; the person serves the stated term minus any earned good-time credit. The Penal Law 70.02 ranges are:³

Class B violent felony: 5 to 25 years. Aggravated assault on a police officer and aggravated manslaughter in the first degree carry an elevated 10 to 30 years.
Class C violent felony: 3½ to 15 years. Aggravated manslaughter in the second degree and certain other offenses raise the range to 7 to 20 years.
Class D violent felony: 2 to 7 years.
Class E violent felony: 1½ to 4 years.

First-degree manslaughter is a Class B violent felony, so it carries 5 to 25 years.⁶ First-degree robbery, also Class B violent, falls in the same range.

Drug Felony Sentencing

Drug felonies are sentenced under Penal Law 70.70 and are determinate, but Class A drug felonies still carry indeterminate life sentences like other Class A offenses.¹ Fines for drug felonies are far steeper than for other felonies, which is covered below.

Determinate vs. Indeterminate: What the Numbers Actually Mean

The difference between the two sentence types is one of the most consequential features of New York’s system. A determinate sentence of 12 years tells the defendant roughly when release will happen, subject to good-behavior credits. An indeterminate sentence of 3 to 15 years could mean release in 3 years if the parole board approves, or up to 15 if parole is denied repeatedly.

The parole board evaluates institutional behavior, program completion, and release plans under Executive Law 259-i. That review can feel unpredictable to defendants and their families. Determinate sentencing removes the uncertainty but also removes the possibility of early release through parole.

Enhancements for Repeat Felony Offenders

Two statutes can override the ranges above when a defendant has prior felony convictions.

Persistent Felony Offender (Discretionary)

Under Penal Law 70.10, a person convicted of any felony who has two or more prior felony convictions (each resulting in a prison sentence over one year) can be sentenced as a persistent felony offender. If the court finds that extended incarceration and lifetime supervision best serve the public interest, it may impose a Class A-I sentence: life with a minimum of 15 to 25 years. The judge must explain the reasoning on the record.⁷

Persistent Violent Felony Offender (Mandatory)

Penal Law 70.08 is not discretionary. A person convicted of a violent felony who has at least two prior violent felony convictions must receive an indeterminate life sentence. The mandatory minimums depend on the class of the current offense:⁸

Class B violent felony: 20 to 25 years to life.
Class C violent felony: 16 to 25 years to life.
Class D violent felony: 12 to 25 years to life.

Firearm Enhancements

Using or displaying a firearm during a violent crime triggers additional prison time under Penal Law 265.09. That time is separate from the underlying sentence and stacks on top of it.

Post-Release Supervision and Parole

The chart number is not the release date. Every determinate sentence includes a mandatory period of post-release supervision (PRS) tacked onto the end of the prison term. PRS works like parole: the person must follow conditions and report to a supervision officer. Unlike parole, PRS is automatic. The length depends on the offense type and class:⁹

Class B or C violent felony: 2½ to 5 years.
Class D or E violent felony: 1½ to 3 years.
Class B or C drug felony: 1 to 3 years.
Class D or E drug felony: 1 to 2 years.
Felony sex offenses: 3 to 20 years depending on class.

Violating PRS conditions can send a person back to prison for the remainder of the supervision period. New criminal conduct during PRS carries serious consequences; the 2021 Less is More Act reduced or eliminated jail time for many minor technical violations.

For indeterminate sentences, parole eligibility opens after the minimum term. The Board of Parole then decides whether to release the person or hold a rehearing, and denial can push actual release out toward the maximum.

Fines, Surcharges, and Restitution

The fine structure runs under Penal Law 80.00. For most felonies, the maximum fine is $5,000 or double the defendant’s financial gain from the crime, whichever is higher. Drug felony fines are much larger:¹⁰

Class A-I drug felony: Up to $100,000.
Class A-II drug felony: Up to $50,000.
Class B drug felony: Up to $30,000.
Class C drug felony: Up to $15,000.

Every felony conviction triggers a mandatory $300 surcharge plus a $25 crime victim assistance fee. The judge has no discretion to waive either.¹¹

Courts can also order restitution under Penal Law 60.27, requiring repayment of out-of-pocket victim losses like medical bills, lost wages, and property damage. Restitution does not cover future losses, emotional distress, or pain and suffering.¹²

Multiple Convictions: Concurrent vs. Consecutive

When a defendant is convicted of more than one felony, the sentences can run at the same time or back-to-back. New York’s default rule favors concurrent sentences: if the judge doesn’t specify, sentences run together and the person effectively serves only the longest one.¹³ Concurrent sentencing is mandatory when multiple offenses arise from a single act. Consecutive sentencing is mandatory in certain situations, including when a person already serving an undischarged sentence commits a new felony, or when a violent felony is committed while out on bail.

Consequences Beyond the Prison Term

The chart does not capture everything a conviction costs. A felony record permanently bars a firearms license under Penal Law 400.00 and revokes any existing license on conviction.¹⁴ Voting rights are suspended only during actual incarceration; a 2021 law restored them immediately on release, even during parole or PRS.¹⁵ Employers and licensing agencies cannot reject someone automatically because of a record; Correction Law Article 23-A requires them to weigh the offense, time elapsed, and connection to the job, and to provide a written explanation if they deny.¹⁶

For non-citizens, the immigration consequences can outweigh the prison term. Many felonies qualify as “aggravated felonies” under 8 U.S.C. 1101(a)(43), which triggers mandatory deportation and cuts off nearly every form of relief. Theft and burglary count if the sentence is a year or more; fraud counts if the victim’s loss exceeds $10,000. Convictions for crimes involving moral turpitude or any drug offense also make a non-citizen inadmissible.¹⁷ Anyone facing felony charges who is not a U.S. citizen should treat immigration exposure as central to the defense, not an afterthought.

1
New York State Unified Court System. Types of Criminal Cases – Section: Felonies
2
New York State Senate. New York Penal Law 190.65 – Scheme to Defraud in the First Degree
3
New York State Senate. New York Penal Law 70.02 – Sentence of Imprisonment for a Violent Felony Offense
4
New York State Unified Court System. Criminal Possession of a Controlled Substance in the Second Degree – Penal Law 220.18
5
New York State Senate. New York Penal Law 70.00 – Sentence of Imprisonment for Felony
6
New York State Senate. New York Penal Law 125.20 – Manslaughter in the First Degree
7
New York State Senate. New York Penal Law 70.10 – Persistent Felony Offender
8
New York State Senate. New York Penal Law 70.08 – Persistent Violent Felony Offender
9
New York State Senate. New York Penal Law 70.45 – Post-Release Supervision
10
New York State Law. Article 80 – NY Penal Law Fines
11
New York State Senate. New York Penal Law 60.35 – Mandatory Surcharge, Crime Victim Assistance Fee
12
NY CourtHelp – Unified Court System. Restitution
13
New York State Senate. New York Penal Law 70.25 – Concurrent and Consecutive Terms of Imprisonment
14
New York State Senate. New York Penal Law 400.00 – Licenses to Carry, Possess, Repair, and Dispose of Firearms
15
New York State Board of Elections. Voting After Incarceration
16
Justia. New York Correction Law Article 23-A – Licensure and Employment of Persons Previously Convicted of Criminal Offenses
17
Office of the Law Revision Counsel. 8 U.S. Code 1182 – Inadmissible Aliens