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:

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:

  1. 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
  2. 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:

  1. 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,
  2. 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:

  1. Believing it probable that he is rendering aid to a person who intends to commit a Class “A” felony,
  2. 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

OffenseCode
Aggravated enterprise corruption460.22
Aggravated murder125.26
Arson in the first degree150.20
Conspiracy in the first degree105.17
Crime of terrorism490.25
Criminal possession of a chemical weapon or biological weapon in the first degree490.45
Criminal possession of a controlled substance in the first degree220.21
Criminal use of a chemical weapon or biological weapon in the first degree490.55
Criminal sale of a controlled substance in the first degree220.43
Kidnapping in the first degree 135.25
Murder in the first degree125.27
Murder in the second degree125.25
Operating as a major trafficker220.77
New York Class “A-I” Felonies

Class “A-II” Felonies

These are Class “A-II” New York Felonies.

OffenseCode
Criminal possession of a controlled substance in the second degree220.18
Criminal sale of a controlled substance in the second degree220.41
Criminal use of a chemical weapon or biological weapon in the second degree490.50
Predatory sexual assault130.95
Predatory sexual assault against a child130.96
New York Class “A-II” Felonies.

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:

  1. 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,
  2. 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. Schedule your consultation to confidentially discuss your case today.