New York Criminal Facilitation charges are brought by prosecutors when a person helps another person who is intending to commit a crime. Under New York Law, there are four different criminal facilitation charges. Specifically, they are:
- Criminal Facilitation in the First Degree (PL 115.08);
- Criminal Facilitation in the Second Degree (PL 115.05);
- Criminal Facilitation in the Third Degree (PL 115.01);
- Criminal Facilitation in the Fourth Degree (PL 115.00).
New York Criminal Facilitation in the First Degree is the most serous of these charge, which Criminal Facilitation in the Fourth Degree is the least serious of these charges. The difference in these charges is explained below.
New York Criminal Facilitation in the Fourth Degree
New York Criminal Facilitation in the Fourth Degree is the least serious of Criminal Facilitation charges. This charge is codified in New York Penal Law Section 115.00. Under Penal Law Section 115.00, a person is guilty of Criminal Facilitation in the Fourth Degree when s/he believes that is is probable that s/he is rendering aid to a person:
- Who intends to commit a crime AND engages in conduct which provides such person with means or opportunity for the commission thereof AND which in fact aids such person to commit a felony; OR
- To a person under the age of 16 who intends to engage in conduct which would constitute a crime, s/he, being over 18 years old, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a crime.
Sentencing and Penalties for New York Criminal Facilitation in the Fourth Degree
Under New York Law, Criminal Facilitation in the Fourth Degree is a Class “A” Misdemeanor. As such, this charge is punishable by:
- Up to 1 year in jail,
- Probation,
- Conditional Discharge (with conditions set by the sentencing court),
- Unconditional Discharge (no conditions set by the sentencing court),
- Time served (even if the time served is just a few hours).
New York Criminal Facilitation in the Third Degree
New York Criminal Facilitation in the Third Degree charge is codified in Penal Law Section 115.01. Under Penal Law Section 115.01, a person guilty of Criminal Facilitation in the Third Degree when:
- Believing it probable that he is rendering aid to a person under 16 years old, who intends to engage in conduct that would constitute a felony,
- S/he being over 18 years old, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony.
Sentencing and Penalties for New York Criminal Facilitation in the Third Degree
New York Criminal Facilitation in the Third Degree is a Class “E” Non-violent Felony. As such, this charge is punishable by:
- Indeterminate sentence up to 1 1/3 to 4 years in jail,
- Determinate sentence up to 1 year in jail,
- Split sentence (up to 6 months jail, rest of the time on probation),
- Probation,
- Conditional Discharge (with conditions of sentence set by the Court).
New York Criminal Facilitation in the Second Degree
New York Criminal Facilitation in the Second Degree is codified in Penal Law Section 115.05. Under Penal Law Section 115.05, a person is guilty of Criminal Facilitation in the Second Degree when:
- Believing it probable that he is rendering aid to a person who intends to commit a Class “A” felony,
- S/he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such Class “A” felony.
What are some New York Class “A” Felonies?
Class “A” Felonies are the most serious charges under New York State law. New York has two different Class “A” Felonies, specifically Class “A-I” and “Class A-II” felonies. Class “A” felony charge are broken up by category and listed below.
Class “A-I” Felonies
| Offense | Code |
|---|---|
| Aggravated enterprise corruption | 460.22 |
| Aggravated murder | 125.26 |
| Arson in the first degree | 150.20 |
| Conspiracy in the first degree | 105.17 |
| Crime of terrorism | 490.25 |
| Criminal possession of a chemical weapon or biological weapon in the first degree | 490.45 |
| Criminal possession of a controlled substance in the first degree | 220.21 |
| Criminal use of a chemical weapon or biological weapon in the first degree | 490.55 |
| Criminal sale of a controlled substance in the first degree | 220.43 |
| Kidnapping in the first degree | 135.25 |
| Murder in the first degree | 125.27 |
| Murder in the second degree | 125.25 |
| Operating as a major trafficker | 220.77 |
Class “A-II” Felonies
These are Class “A-II” New York Felonies.
| Offense | Code |
|---|---|
| Criminal possession of a controlled substance in the second degree | 220.18 |
| Criminal sale of a controlled substance in the second degree | 220.41 |
| Criminal use of a chemical weapon or biological weapon in the second degree | 490.50 |
| Predatory sexual assault | 130.95 |
| Predatory sexual assault against a child | 130.96 |
Sentencing and Penalties for New York Criminal Facilitation in the Second Degree
New York Criminal Facilitation in the Second Degree is a Class “C” Non-violent Felony. As such, this charge is punishable by:
- An indeterminate sentence up to 5 to 15 years in prison,
- A determinate sentence of 1 to 2 years in prison,
- Probation.
New York Criminal Facilitation in the First Degree
The most serious of New York Criminal Facilitation charges is Criminal Facilitation in the First Degree. This charge is codified in New York Penal Law Section 115.08. Under New York Penal Law Section 115.08, a person is guilty of Criminal Facilitation in the First Degree when:
- Believing it probable that he is rendering aid to a person under 16 years old who intends to engage in conduct that would constitute a class A felony,
- S/he, being over 18 years old, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a Class “A” felony.
Sentencing and Penalties for New York Criminal Facilitation in the First Degree
New York Criminal Facilitation in the First Degree is a Class “B” Non-violent felony. As such, this charge is punishable by:
- A minimum of 1 – 3 years incarceration,
- A maximum of 8 1/3 to 25 years incarceration.
Contact Top Rated New York Criminal Facilitation Defense Attorneys
If you or your loved one has been arrested for Criminal Facilitation, you need top rated criminal defense attorneys by your side. There are many potential defenses, which can apply to New York Criminal Facilitation charges. Please call us at 212-729-9494 or contact us today for your free initial consultation.