New York Penal § 70.02

Sentence of imprisonment for a violent felony offense.

  • an attempt to commit the class A-I felonies of
    • murder in the second degree as defined in § 125.25,
    • kidnapping in the first degree as defined in § 135.25, and
    • arson in the first degree as defined in § 150.20;
  • manslaughter in the first degree as defined in § 125.20,
  • aggravated manslaughter in the first degree as defined in § 125.22,
  • rape in the first degree as defined in § 130.35,
  • criminal sexual act in the first degree as defined in § 130.50,
  • aggravated sexual abuse in the first degree as defined in § 130.70,
  • course of sexual conduct against a child in the first degree as defined in § 130.75;
  • assault in the first degree as defined in § 120.10,
  • kidnapping in the second degree as defined in § 135.20,
  • burglary in the first degree as defined in § 140.30,
  • arson in the second degree as defined in § 150.15,
  • robbery in the first degree as defined in § 160.15,
  • incest in the first degree as defined in § 255.27,
  • criminal possession of a weapon in the first degree as defined in § 265.04,
  • criminal use of a firearm in the first degree as defined in § 265.09,
  • criminal sale of a firearm in the first degree as defined in § 265.13,
  • aggravated assault upon a police officer or a peace officer as defined in § 120.11,
  • gang assault in the first degree as defined in § 120.07,
  • intimidating a victim or witness in the first degree as defined in § 215.17,
  • hindering prosecution of terrorism in the first degree as defined in § 490.35,
  • criminal possession of a chemical weapon or biological weapon in the second degree as defined in § 490.40, and
  • criminal use of a chemical weapon or biological weapon in the third degree as defined in § 490.47.
  • an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision;
  • aggravated criminally negligent homicide as defined in § 125.11,
  • aggravated manslaughter in the second degree as defined in § 125.21,
  • aggravated sexual abuse in the second degree as defined in § 130.67,
  • assault on a peace officer, police officer, fireman or emergency medical services professional as defined in § 120.08,
  • assault on a judge as defined in § 120.09,
  • gang assault in the second degree as defined in § 120.06,
  • strangulation in the first degree as defined in § 121.13,
  • burglary in the second degree as defined in § 140.25,
  • robbery in the second degree as defined in § 160.10,
  • criminal possession of a weapon in the second degree as defined in § 265.03,
  • criminal use of a firearm in the second degree as defined in § 265.08,
  • criminal sale of a firearm in the second degree as defined in § 265.12,
  • criminal sale of a firearm with the aid of a minor as defined in § 265.14,
  • aggravated criminal possession of a weapon as defined in § 265.19,
  • soliciting or providing support for an act of terrorism in the first degree as defined in § 490.15,
  • hindering prosecution of terrorism in the second degree as defined in § 490.30, and
  • criminal possession of a chemical weapon or biological weapon in the third degree as defined in § 490.37.
  • an attempt to commit any of the class C felonies set forth in paragraph (b);
  • reckless assault of a child as defined in § 120.02,
  • assault in the second degree as defined in § 120.05,
  • menacing a police officer or peace officer as defined in § 120.18,
  • stalking in the first degree, as defined in § 120.60(1),
  • strangulation in the second degree as defined in § 121.12,
  • rape in the second degree as defined in § 130.30,
  • criminal sexual act in the second degree as defined in § 130.45,
  • sexual abuse in the first degree as defined in § 130.65,
  • course of sexual conduct against a child in the second degree as defined in § 130.80,
  • aggravated sexual abuse in the third degree as defined in § 130.66,
  • facilitating a sex offense with a controlled substance as defined in § 130.90,
  • criminal possession of a weapon in the third degree as defined in § 265.02(5), (6), (7), (8), (9), or (10),
  • criminal sale of a firearm in the third degree as defined in § 265.11,
  • intimidating a victim or witness in the second degree as defined in § 215.16,
  • soliciting or providing support for an act of terrorism in the second degree as defined in § 490.10, and
  • making a terroristic threat as defined in § 490.20,
  • falsely reporting an incident in the first degree as defined in § 240.60,
  • placing a false bomb or hazardous substance in the first degree as defined in § 240.62,
  • placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in § 240.63, and
  • aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in § 405.18.
  • an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in § 265.02(5), (6), (7), or (8) as a lesser included offense of that section as defined in § 220.20 of the criminal procedure law,
  • persistent sexual abuse as defined in § 130.53,
  • aggravated sexual abuse in the fourth degree as defined in § 130.65-a,
  • falsely reporting an incident in the second degree as defined in § 240.55 and
  • placing a false bomb or hazardous substance in the second degree as defined in § 240.61.