New York City Class B Felony Lawyer
A Class B felony in New York sits near the top of the state’s felony classification ladder, and the sentencing exposure that comes with it reflects that position. Whether the charge involves a violent offense, a drug-related count, or a serious property crime, defendants in this category face prison terms measured in years, sometimes decades, along with collateral consequences that reach into every corner of professional and personal life. The courtroom is not the only place this fight gets won or lost. New York City Class B felony lawyer Jason Goldman understands that investigations, pretrial motions, plea negotiations, and trial strategy all require the same level of attention, and that no piece of this is routine.
New York’s Penal Law sorts felonies from Class E at the bottom to Class A at the top. Class B occupies the second tier, and prosecutors treat charges in this range with the resources and aggression to match. For defendants, that means discovery battles over complex evidence, grand jury proceedings that move quickly, and pressure to accept plea deals that may still carry years of incarceration. The difference between a conviction and an acquittal, or between a Class B felony and a reduced charge, often turns on decisions made in the earliest days of a case. Having counsel who has seen these cases from both sides of the table shapes how those decisions get made.
Jason Goldman began his career as a Brooklyn prosecutor, rising through those ranks by taking serious felony cases to trial. That foundation now serves clients on the defense side, giving him a precise read on how prosecutors build Class B felony cases, where they are most vulnerable, and how to disrupt their momentum before the case ever reaches a jury. He has tried more than 25 cases to verdict, and his practice covers every stage of litigation from pre-arrest investigation through appeal.
Class B Felony Charges Most Often Seen in New York Courts
- First-Degree Assault: Under New York Penal Law, intentionally causing serious physical injury with a deadly weapon or dangerous instrument is classified as a Class B violent felony, carrying mandatory minimum sentences that significantly limit a judge’s sentencing discretion.
- First-Degree Robbery: Robbery in the first degree, which involves displaying a firearm, causing serious injury, or using a dangerous instrument during a theft, is one of the most commonly prosecuted Class B violent felonies in New York City’s state courts.
- Criminal Sale of a Controlled Substance in the First Degree: Large-scale narcotics trafficking charges frequently result in Class B felony classifications, particularly when the weight of the substance or the scale of an alleged distribution network triggers the higher tier of the drug sale statutes.
- Sex Offenses: Several first-degree sex offense charges in New York fall into the Class B felony range and carry mandatory sex offender registration requirements under SORA, compounding the consequences well beyond any prison term.
- Arson in the Second Degree: Intentionally damaging a building by fire or explosion when another person is present inside is charged as a Class B violent felony, and prosecutors in New York City pursue these cases with forensic evidence that can be contested by independent experts.
- Kidnapping in the Second Degree: Abducting another person under New York law is a Class B felony that district attorney offices across the five boroughs prosecute aggressively, often in conjunction with other charges that compound the sentencing exposure.
- Burglary in the First Degree: Entering a dwelling unlawfully while armed or while another person is present and causing injury elevates a burglary to the Class B violent felony tier, where the indeterminate sentencing structure can mean lengthy incarceration even for first-time offenders.
Why Jason Goldman for a Class B Felony Defense in New York City
Class B felonies are handled differently than lower-tier charges, both by the courts and by the offices prosecuting them. Across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island, the district attorney offices that bring these cases have dedicated homicide, narcotics, and violent crimes bureaus with experienced trial prosecutors. A defense attorney who has sat at the prosecution table in serious felony cases brings a perspective that changes how evidence gets evaluated and how the other side’s strategy gets anticipated. Jason Goldman is a former Brooklyn prosecutor who built his early career on exactly these categories of cases before crossing to the defense side.
The New York Post has described Mr. Goldman as “high-powered.” WABC’s Sid Rosenberg called him “brilliant.” Chelsea News noted his “history of getting high-profile defendants off.” These are not descriptions of a lawyer who handles volume. They reflect a practice built on selective, concentrated representation for clients whose cases carry real stakes. Mr. Goldman has been named a New York Super Lawyers Rising Star, serves on the Criminal Courts Committee of the New York City Bar Association, and holds membership in the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the New York Criminal Bar Association. His practice extends across New York State and federal courts, and he is admitted to both the Southern and Eastern Districts of New York, which matters considerably when federal authorities take interest in what began as a state-level Class B felony investigation.
Beyond credentials, Mr. Goldman’s representation model for serious felony cases involves private investigators, forensic specialists, and in appropriate situations, strategic media engagement. When a case generates public attention, which Class B violent felony charges often do, the narrative being shaped outside the courtroom affects jury pools, prosecutorial decision-making, and ultimately outcomes. He also knows when keeping a client entirely out of the public eye is the more effective strategy. That judgment comes from experience that no credential alone can replicate.
What the Sentencing Structure Actually Means for Class B Felony Defendants
New York law distinguishes between violent and non-violent Class B felonies, and that distinction controls the sentencing framework entirely. Violent Class B felony convictions carry a determinate sentencing structure with mandatory minimums, meaning a judge has limited ability to impose a sentence below a statutory floor regardless of mitigating circumstances. Non-violent Class B felonies operate under an indeterminate framework, where the court imposes a range and release is later subject to parole board review. Understanding which category applies to a specific charge, and whether the indictment correctly characterizes the offense, is foundational work that should happen at the start of any defense.
Persistent felony offender statutes in New York can dramatically increase exposure for defendants with prior convictions. When a prosecutor flags a client as a second felony offender or a persistent violent felony offender, the mandatory minimum sentencing floors rise substantially. Challenging prior convictions used for persistent offender treatment, scrutinizing whether prior pleas were constitutionally obtained, and litigating the factual basis for prior conviction findings are all strategies a class B felony attorney in New York must be positioned to pursue. These are not afterthoughts; they belong in the defense plan from the beginning.
Plea negotiations in Class B felony cases are never straightforward. Prosecutors may offer reductions to Class C or Class D felonies in exchange for guilty pleas, and evaluating whether those offers make sense requires understanding the full evidence picture, the likely jury instructions, and the precise sentencing difference between conviction at the charged level and conviction after a reduction. Mr. Goldman operates as what his website describes as “part trial lawyer, part dealmaker, part fixer,” because the skills required to negotiate effectively are inseparable from the credibility that comes from being genuinely prepared to try the case.
What to Do When Facing a Class B Felony Investigation or Arrest in New York City
Grand jury proceedings in New York are sealed, move quickly, and produce indictments before many defendants have retained counsel. If you have reason to believe you are under investigation for a Class B felony offense, whether because you have received a target letter, been approached by law enforcement, or been told by someone else that your name has come up, the time to engage a New York City Class B felony attorney is before any charges are filed. Pre-arrest representation allows counsel to intervene at the investigative stage, communicate with prosecutors or law enforcement on your behalf, and in some cases present information that changes whether charges are filed at all.
If an arrest has already occurred, arraignment in New York City typically happens within 24 hours. For Class B felony charges, arraignment takes place in the Criminal Court of the relevant borough before the case is transferred to Supreme Court, where felony matters are litigated. New York City’s five boroughs each maintain their own Supreme Court buildings: Manhattan cases are handled at 100 Centre Street, Brooklyn cases at 320 Jay Street, Bronx cases at 851 Grand Concourse, Queens cases at 125-01 Queens Boulevard, and Staten Island cases at 18 Richmond Terrace. Knowing which courthouse and which bureau will handle the case shapes early strategy, because the practices and tendencies of individual district attorney offices and judges vary meaningfully across these jurisdictions.
Avoid speaking to law enforcement without counsel present, regardless of how routine or informal the contact appears. In serious felony investigations, statements made before an attorney is engaged rarely help and frequently cause lasting damage to the defense. Preserve any communications, documents, surveillance footage, or other records that might be relevant to your case, and do not discuss the facts with anyone other than your attorney. Privileged communication with defense counsel is the one channel through which you can speak freely.
Questions About New York Class B Felony Cases
What is the difference between a Class B violent felony and a Class B non-violent felony in New York?
New York law designates certain offenses as violent felonies by statute, and that designation changes the sentencing structure entirely. A Class B violent felony conviction carries a determinate sentence with a statutory mandatory minimum, meaning the judge must impose at least that floor regardless of individual circumstances. A Class B non-violent felony carries an indeterminate range, with release potentially subject to parole board review. The specific charge and how it is categorized under the Penal Law controls which framework applies, and that distinction shapes every aspect of plea evaluation and trial risk analysis.
Can a Class B felony charge be reduced to a misdemeanor in New York?
Reduction to a misdemeanor is legally possible but uncommon in Class B felony cases, particularly violent ones. Prosecutors generally require substantial justification, such as significant evidence problems or extraordinary mitigating circumstances, before agreeing to reduce a charge that far down the classification scale. More commonly, Class B charges are negotiated to Class C or Class D felony pleas. Whether a misdemeanor resolution is achievable depends heavily on the specific facts, the evidence available to the prosecution, and the skill of defense counsel in identifying and pressing the weaknesses in the government’s case.
What happens if my Class B felony case is prosecuted federally rather than in state court?
Federal prosecution of conduct that would be a Class B felony under state law operates under an entirely different framework. Federal courts apply the United States Sentencing Guidelines, which calculate a recommended sentencing range based on offense level and criminal history category. Federal mandatory minimum statutes also apply to many drug and firearms offenses. The strategic calculus for federal cases differs from state cases in significant ways, including evidence rules, pretrial detention procedures, and the dynamics of cooperation agreements. Jason Goldman is admitted to both the Southern and Eastern Districts of New York and regularly handles matters that cross the line between state and federal jurisdiction.
How does a Class B felony conviction affect professional licenses in New York?
Licensing boards in New York have broad authority to deny, suspend, or revoke professional licenses based on felony convictions. Medical, legal, financial, real estate, and contractor licenses are all subject to review. Some boards treat felony convictions as automatic grounds for revocation; others conduct individualized review weighing the nature of the offense, time elapsed, and evidence of rehabilitation. The collateral licensing consequences of a Class B felony conviction can in some cases be more immediately devastating than the sentence itself for clients whose professional certifications define their livelihood. This is precisely why charge reduction, dismissal, or acquittal carries weight that extends far beyond the prison term at stake.
Can a prior Class B felony conviction be used against me in a new case?
Yes, and in significant ways. Prior felony convictions can be used to enhance sentencing under New York’s persistent felony offender statutes, potentially raising mandatory minimums substantially. They may also be admissible at trial to impeach your credibility if you testify, depending on the nature and age of the prior offense and the court’s balancing analysis under the relevant evidentiary rules. Prior convictions can also affect bail determinations at arraignment. Understanding how prior record affects current exposure is not background information, it is central to how a defense strategy gets constructed.
What role does a grand jury play in Class B felony cases in New York?
In New York, felony charges must be presented to a grand jury unless the defendant waives indictment. Grand jury proceedings are secret, one-sided, and conducted without the defendant’s attorney present. Prosecutors present their evidence and the grand jury decides whether probable cause exists to indict. Defendants have a limited right to testify before the grand jury if they choose, but doing so carries significant risk because anything said becomes usable at trial. The decision of whether to testify before the grand jury is one of the most consequential early strategic choices in a felony case and should be made only with counsel who understands the specific evidence the government is likely presenting.
How long does a Class B felony case typically take to resolve in New York City courts?
The timeline varies considerably based on the borough, the specific courthouse, the complexity of the evidence, and whether the case goes to trial. Simple matters might resolve within months; complex multi-defendant cases or those involving substantial forensic evidence can remain pending for a year or longer. New York’s speedy trial statute places obligations on the prosecution to declare readiness within statutory timeframes, and defense counsel can use failures to meet those obligations to seek dismissal. In practice, motion practice, discovery disputes, and court scheduling in the high-volume courts of New York City all extend timelines beyond what either side might initially anticipate.
Does being a first-time offender affect sentencing for a Class B felony in New York?
First-time offender status matters, but its significance depends on the specific charge. For non-violent Class B felonies, judges have more latitude to consider the absence of criminal history. For violent Class B felonies with mandatory minimums, the sentencing floor does not disappear simply because the defendant has no prior record, though it may affect where within the permitted range a sentence lands. First-time offender status can also be relevant in plea negotiations, as prosecutors sometimes extend more favorable offers to defendants with clean records. Defense counsel must document and present mitigating circumstances effectively to extract the full benefit of a client’s background.
What happens if I was charged with multiple offenses alongside a Class B felony?
Multi-count indictments are common in Class B felony prosecutions. Prosecutors frequently stack charges, combining a lead Class B count with lesser included offenses or separately charged conduct, because doing so creates negotiating leverage and expands the range of verdicts available to a jury. The defense response involves both legal challenges to how the counts are framed and strategic decisions about which charges present the strongest evidentiary problems for the government. In some cases, dismissing or defeating a single key count changes the entire posture of the remaining charges, including how surviving counts are sentenced if there is ultimately a conviction.
Can evidence in a Class B felony case be suppressed before trial?
Suppression motions are among the most powerful tools in a felony defense. If law enforcement obtained evidence through an unlawful search, a defective warrant, an improper lineup, or a statement taken without proper Miranda warnings, that evidence can be challenged and potentially excluded. In cases where the prosecution’s evidence heavily depends on a single search or a single statement, a successful suppression motion can be dispositive. New York courts hold hearings on suppression motions before trial, and the outcome of those hearings sometimes prompts prosecutors to offer substantially better plea terms or to dismiss charges entirely rather than proceed without critical evidence.
Class B Felony Defense Representation Across New York City and Beyond
The Law Offices of Jason Goldman represents clients facing Class B felony charges throughout all five boroughs of New York City. In Manhattan, this includes clients in Midtown, the Upper East Side, Harlem, Washington Heights, the Financial District, Chelsea, and Greenwich Village. In Brooklyn, representation extends across Flatbush, Crown Heights, Bushwick, Williamsburg, Bay Ridge, Bed-Stuy, Sunset Park, and Borough Park. In the Bronx, the firm serves clients from the South Bronx through Riverdale, Fordham, Pelham Bay, and Co-op City. Queens clients include those in Jamaica, Flushing, Astoria, Forest Hills, Jackson Heights, Far Rockaway, and Howard Beach. On Staten Island, the firm handles matters in St. George, Stapleton, New Dorp, Tottenville, and the North Shore communities.
Beyond the five boroughs, representation extends to cases in Westchester County, Nassau County, Suffolk County, and other surrounding jurisdictions where cases originate or where venue considerations become relevant. For federal matters arising from investigations out of the Southern or Eastern Districts of New York, the firm handles representation from the earliest stages of a federal investigation through trial and, where necessary, appellate proceedings. Mr. Goldman is also available for pro hac vice admission in jurisdictions outside New York when high-stakes cases warrant it.
Speak with a New York City Class B Felony Attorney Today
Class B felony charges in New York carry consequences serious enough to demand counsel who will build a genuine defense from the first day of representation. Jason Goldman is a New York City Class B felony attorney whose background as a former prosecutor, combined with more than 25 jury trials and a practice that spans investigation through appeal, positions him to represent clients at the level these cases require. His firm offers selective, focused representation for clients whose situations demand more than a standard defense playbook.
Contact the Law Offices of Jason Goldman to speak directly about your situation. Whether you are under investigation, recently arraigned, or seeking a second opinion on how your case has been handled, the conversation is confidential and the assessment will be direct. Reach the firm by phone or email to arrange a consultation at the firm’s Midtown Manhattan office at 275 Madison Avenue.
