You know how, for example, when watching Law And Order, you’ll hear someone being arraigned on a charge, and the complaint or indictment will say the defendant violated such-and-such section of the Penal Code, and that the section is a “Class 5 felony” or some such. What do these classes mean? Is a Class 1 felony more grievous than a Class 5 felony, or does it work the other way around?
In Virginia, the first one I googled, it goes as follows [1]:
‘The authorized punishments for conviction of a felony are:
a. For Class 1 felonies, death, or imprisonment for life and a fine of up to $100,000.
b. For Class 2 felonies, imprisonment for life or a minimum of 20 years and a fine of up to $100,000.
c. For Class 3 felonies, imprisonment for five to 20 years and a fine of up to $100,000.
d. For Class 4 felonies, imprisonment for two to 10 years and a fine of up to $100,000…’
Since this is a Law & Order-inspired question:
And in the case of New York State, the various felony classes are outlined below, along with the oddball distinction between A-I and class A-II felonies.
Sadly, no sentencing chart. It is apparent that class A includes murder, and is thus more serious than classes following it in alphabetical order.
http://wings.buffalo.edu/law/bclc/web/NewYork/ny1-2.htm#art55
Below I found a sentencing chart. Apparently this was created after the law changed. It could have changed again. It’s missing misdemeanors, but I’ve never seen Jack McCoy in court trying to get a conviction for public urination, either.
http://www.communityalternatives.org/articles/sentencing_chart.html
Hi ZipperJJ!
Indiana has A, B, C & D degree felonies with A (intentional murder for example) being the worst and D (vehicular homicide) being the least. sentences vary. I think D is 1.5-4 years in prison, I don’t remember what the others stand for in regards to punishment.
Like all other states, New York has a Penal Law that defines the specific criminal offenses one may be charged with. Each crime (e.g. Manslaughter), and each degree of a crime (e.g. Manslaughter in the second degree) is defined and assigned an offense class (e.g. Class C felony, Class B misdemeanor). The felonies range from Class A-I (the most serious) to Class E (the least serious), and misdemeanors are either Class A (more serious) or Class B. Below them are violations.
In New York, felons are given indeterminate sentences for a minimum to maximum range of years (e.g. three and a third to ten years). Although there are adjustments for things like persistent felon status, some specific crimes and other factors, the basic sentencing requirements are found in Penal Law sec. 70.00, as follows:
Class A-I felony: Maximum must be life. Minimum may be from 15 to 25 years.
Class A-II felony: Maximum must be life. Minimum may be from 3 to 8-1/3 years.
Class B felony: Maximum may be from 3 to 25 years. Mimimum may be from one year to one-third of the maximum.
Class C felony: Maximum may be from 3 to 15 years. Mimimum may be from one year to one-third of the maximum.
Class D felony: Maximum may be from 3 to 7 years. Mimimum may be from one year to one-third of the maximum.
Class E felony: Maximum may be from 3 to 4 years. Mimimum may be from one year to one-third of the maximum.
For misdemeanors, generally, a Class A misdemeanor may get a fixed sentence of up to one year, a Class B misdemeanor gets a fixed sentence of up to three months, and a violation can be sentenced to up to 15 days.
You missed a great episode.