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What is a Class D Felony?

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In some states a Class D Felony is the lowest felony class, while in New York it is the second lowest felony class, having harsher penalties than the Class E felony, but not as harsh as the Class C felony. Examples of Class D felony offenses include, falsely reporting and incident, prohibited use of a weapon, placing a false bomb in the first degree, unlawful surveillance, promoting an obscene sexual performance by a child, promoting a sexual performance by a child, criminal possession of weapon, criminal sale of a weapon in the third degree, criminal sale of a firearm with the aid of a minor, and manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.

Class D Felony Sentences

The sentence for Class D felony offenses is determined by the court but will not less than two years or be more than 7 years. The minimum and maximum sentence for felony offenses can be enhanced for any crime of a violent nature or one with aggravated circumstances, and reduced for mitigating circumstances. When determining a sentence the court takes into account the nature of the crime and the character and history of the offender. Juvenile offenders face up to four years imprisonment for Class D felonies.

Class D Felony Enhancements

  • Persons convicted of Class D felony domestic violence will face a term of at least three years but not more than 7 years.
  • An attempt to commit a Class C felony will result in a sentence enhancement of two to 8 years.
  • A prior conviction of a violent offense will cause the presumptive term to be enhanced to at least five years but not more than 7 years.
  • A persistent violent offender having two or more violent felony convictions will serve at least six years but not more than 25 year in prison.
  • A prior non-violent felony conviction will enhance the presumptive term to at least four years but not more than 7 years.

Fines and Restitution for Class D Felonies

A felony fine is fixed by the court but is not to exceed the higher of $5,000 or double the amount of the defendants gain from the commission of the crime.

*The laws and penalties regarding felony classes and offenses vary for each state, however New York law presents a fair and clear representation of penal law, and is used in this article to offer a basic understanding of the Class D felony. The information contained in this article should not be construed as legal advice, and those accused of a Class D felony should seek legal counsel immediately.

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