New York Criminal Defense Laws
New York classifies crimes as felonies (Class A through E), misdemeanors (Class A and B), and violations/infractions. The state uses both indeterminate sentencing (most non-violent felonies) and determinate sentencing (violent felonies). New York's Clean Slate Act provides for automatic sealing of certain convictions, and petition-based sealing is available for up to 2 eligible offenses after 10 years.
Last verified: 2026-02-25
Statute of Limitations
Murder, rape in the first degree, and other Class A felonies have no statute of limitations. Most other felonies must be charged within 5 years. Misdemeanors within 2 years. Petty offenses within 1 year. For sex offenses against children under 18, the SOL does not begin until the victim reaches age 23.
Key New York Statutes
Most non-violent felonies receive indeterminate sentences (court sets minimum and maximum). Violent felonies receive determinate sentences (fixed terms). Class A-I felonies carry 15–25 years to life. Class B violent felonies carry 5–25 years. Class D non-violent felonies carry up to 7 years.
A person convicted of up to 2 eligible offenses (no more than 1 felony) may petition for sealing after at least 10 years from sentencing or release. Not available for sex offenses requiring registration. Sealed records are hidden from most background checks but not destroyed.
Provides for automatic sealing of certain eligible convictions without requiring a petition.
DWAI (impaired) is a traffic infraction. DWI per se (BAC 0.08%+) is a misdemeanor; a felony if a prior within 10 years. Aggravated DWI (BAC 0.18%+) carries enhanced penalties. Penalties escalate with repeat offenses within a 10-year lookback period.
New York guarantees a broad right to counsel in criminal prosecutions. Once invoked, the right is "indelible" — it cannot be waived outside the presence of counsel. Indigent defendants receive appointed counsel at arraignment.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.
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