(Last Updated On: July 27, 2023)Last Updated on: 27th July 2023, 04:35 pm
The Laws That Keep New Yorkers Safe: An Overview of NY Criminal Statutes
As a New Yorker, it’s important to have a basic grasp of the criminal laws on the books in our state. These statutes dictate what behavior is against the law and the consequences for breaking those laws.
In this article, we’ll provide an overview of major NY criminal statutes and penalties by category of crime. Consider it your beginner’s guide to staying on the right side of the law in the Empire State. Let’s dive in!
Violent Crimes
Some of the most serious criminal offenses involve violence against others. Here are the major violent crimes under New York law:
Murder – Causing the death of another person intentionally and with malice. First and second-degree murder carry 25 years to life in prison. Vehicular manslaughter and the death of a child under 11 years old also qualify as murder.
Assault – Injuring someone intentionally, recklessly, or negligently. Charges range from misdemeanors to first-degree assault (a Class B violent felony) with up to 25 years imprisonment. Aggravated factors like using a weapon increase penalties.
Robbery – Taking property from another by force or threat of force. First and second-degree robbery are Class B and C felonies with up to 25 years and 15 years in prison respectively.
Kidnapping – Confining or moving someone without authority and against their will. For example, hostage taking or child abduction. Punishments range up to 25 years imprisonment depending on circumstances.
The message is clear – violence against others brings steep penalties in New York State.
Sex Crimes
Non-consensual sexual acts violate bodily autonomy and bring traumatic harm. New York law takes these crimes very seriously:
Rape – Forced or coerced sexual intercourse against someone’s will. Rape in the first degree brings 5-25 years in prison. Date rape, statutory rape, incest, and sodomy also bring felony charges.
Sexual Abuse – Unwanted sexual contact like groping, disrobing, or touching. Charges range from misdemeanors up to Class D felony offenses with prison time.
Sex Trafficking – Inducing someone into prostitution or profiting from the sexual exploitation of another. These acts bring Class B felony charges with steep prison sentences and asset forfeiture.
Child Pornography – Possessing, producing, or distributing sexually explicit material involving minors. Charges range from misdemeanors up to Class B felonies with lengthy imprisonment.
New York has strengthened laws and penalties for sex crimes in recent years. But more work remains to prevent exploitation and abuse.
Property & Financial Crimes
Stealing money, assets, or property robs victims of their hard-earned livelihoods. New York penalizes the following offenses harshly:
Larceny – The unlawful taking of property. Charges range from petty theft misdemeanors to first-degree grand larceny (over $1 million stolen) – a Class B felony with up to 25 years imprisonment.
Burglary – Illegal trespassing to steal property or commit other crimes inside. First, second, and third-degree charges carry multi-year prison sentences depending on circumstances.
Robbery – Using violence or threats to steal property directly from victims – a Class B violent felony offense.
Fraud – Deceitful schemes to unlawfully obtain money or property from victims. Charges vary based on the sums involved and can lead to substantial jail time.
Extortion – Demanding money, property, or services by threat of violence. A Class B or C felony with serious imprisonment.
If you’re convicted of stealing substantial sums, expect felony-level prosecution and penalties.
Drug Crimes
The manufacture, possession, sale, and trafficking of controlled substances like narcotics and marijuana come with stiff criminal penalties:
Possession – Having illegal drugs on your person. Charges range from misdemeanors for small quantities up to Class D felonies for larger supplies.
Sale/Distribution – Selling or sharing illegal drugs with others. Includes “gifting” marijuana under new statutes. Charges vary based on the substance and amount involved. Tougher penalties for sales to minors.
Trafficking – Smuggling and distributing large quantities of drugs across state or national borders. Up to life imprisonment depending on the substance and amounts.
Manufacturing – Making illegal drugs like methamphetamine or concentrated cannabis. Includes growing marijuana and extracting THC. Felony charges apply.
Despite growing public support for decriminalization, New York still takes a hard line on unauthorized drug possession and sales.
Weapons Offenses
Finally, New York tightly restricts firearm possession and use with the following laws:
Criminal Possession – Having an unlicensed handgun, rifle, shotgun, switchblade, or explosive device. Charges ranging from misdemeanors up to Class C violent felonies with 15+ years imprisonment.
Criminal Sale – Selling, exchanging, or giving firearms to anyone without proper licensing and authorization. Includes “straw purchases” done on behalf of someone else. Violent felony charges.
Reckless Endangerment – Using any weapon illegally and dangerously, even if no one is injured. E.g. celebratory gunfire. Charged as a misdemeanor or Class D felony.
New York has among the strictest gun laws in the U.S. Unauthorized firearm possession brings automatic felony charges in most cases.
What Now?
Hopefully this overview gives you a better understanding of criminal laws in New York and the serious penalties that come with breaking them. My advice? Use common sense and avoid behavior that harms, endangers or deprives others.
If you are facing criminal charges, get experienced legal help immediately. A skilled NY defense attorney can argue for charge reduction, build defenses against unwarranted allegations and advocate for the lightest sentence possible if convicted. Don’t leave your future to chance.
Visit https://www.nyccriminalattorneys.com or call 212-300-5196 for a free case evaluation from a top-rated NYC defense lawyer. Let me put my 15+ years of experience fighting NY charges to work protecting your rights.
Stay safe out there New Yorkers – and make sure you know the laws that govern our state!