What An Offense Level Means
Penal Law § 10.00 — a violation, a misdemeanor or a felony, by the longest jail term the offense allows
An offense is conduct for which a law provides a jail term or a fine. A violation allows no more than fifteen days in jail; a misdemeanor more than fifteen days but not more than one year; a felony more than one year. Only misdemeanors and felonies are crimes. A traffic infraction is a category of its own.
| Level | Jail, at most | Fine, at most |
|---|---|---|
| LevelViolation | Jail, at most15 days | Fine, at most$250 |
| LevelClass B misdemeanor | Jail, at most3 months | Fine, at most$500 |
| LevelClass A misdemeanor | Jail, at most364 days | Fine, at most$1,000 |
| Felony class | Maximum term |
|---|---|
| Felony classA | Maximum termLife imprisonment |
| Felony classB | Maximum termUp to 25 years |
| Felony classC | Maximum termUp to 15 years |
| Felony classD | Maximum termUp to 7 years |
| Felony classE | Maximum termUp to 4 years |
Those felony terms are the maximum of an indeterminate sentence, which is at least three years; drug felonies and some others are sentenced under other sections. Every misdemeanor in the Penal Law is class A or class B, and each Penal Law felony names its class in the section that defines it.
Where a person gained money or property from a misdemeanor or a violation, the court may instead set a fine of up to double the gain.
Sources for this section (5)
- Penal Law § 10.00 — Definitions of terms of general use in this chapter
- Penal Law § 55.10 — Designation of offenses
- Penal Law § 70.15 — Sentences of imprisonment for misdemeanors and violation
- Penal Law § 80.05 — Fines for misdemeanors and violation
- Penal Law § 70.00 — Sentence of imprisonment for felony
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.