Penal Law § 55.10

Designation of offenses

§ 55.10 Designation of offenses.

1. Felonies.

(a) The particular classification or subclassification of each felony defined in this chapter is expressly designated in the section or article defining it.

(b) Any offense defined outside this chapter which is declared by law to be a felony without specification of the classification thereof, or for which a law outside this chapter provides a sentence to a term of imprisonment in excess of one year, shall be deemed a class E felony.

2. Misdemeanors.

(a) Each misdemeanor defined in this chapter is either a class A misdemeanor or a class B misdemeanor, as expressly designated in the section or article defining it.

(b) Any offense defined outside this chapter which is declared by law to be a misdemeanor without specification of the classification thereof or of the sentence therefor shall be deemed a class A misdemeanor.

(c) Except as provided in paragraph (b) of subdivision three, where an offense is defined outside this chapter and a sentence to a term of imprisonment in excess of fifteen days but not in excess of one year is provided in the law or ordinance defining it, such offense shall be deemed an unclassified misdemeanor.

3. Violations. Every violation defined in this chapter is expressly designated as such. Any offense defined outside this chapter which is not expressly designated a violation shall be deemed a violation if:

(a) Notwithstanding any other designation specified in the law or ordinance defining it, a sentence to a term of imprisonment which is not in excess of fifteen days is provided therein, or the only sentence provided therein is a fine; or

(b) A sentence to a term of imprisonment in excess of fifteen days is provided for such offense in a law or ordinance enacted prior to the effective date of this chapter but the offense was not a crime prior to that date.

4. Traffic infraction. Notwithstanding any other provision of this section, an offense which is defined as a "traffic infraction" shall not be deemed a violation or a misdemeanor by virtue of the sentence prescribed therefor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/55.10

In plain English

How an offense gets its class, especially when a non-Penal-Law statute doesn't say:

1. Felonies. Inside the Penal Law, the defining section states the class. A felony defined outside the Penal Law with no class specified (or carrying a term over one year) defaults to a Class E felony. ★

2. Misdemeanors.

Inside the Penal Law, each is expressly Class A or Class B.
Outside offense "declared a misdemeanor" with no class → defaults to Class A misdemeanor. ★
Outside offense with a term of more than 15 days but not more than 1 year → "unclassified misdemeanor." ★

3. Violations. Every Penal Law violation is labeled as such. An outside offense defaults to a violation if its maximum term is 15 days or less, or the only penalty is a fine.

4. Traffic infractions. A traffic infraction is never converted into a violation or misdemeanor just because of the sentence attached to it. ★

★ Exam hits:

Felonies: A, B, C, D, E (A-I / A-II subclasses). Misdemeanors: A, B, unclassified.
Outside-statute defaults: unspecified felony → Class E; unspecified misdemeanor → Class A; >15 days–1 yr → unclassified misdemeanor; ≤15 days or fine-only → violation.
Traffic infractions stay traffic infractions regardless of sentence.

Verbatim statute: Penal Law - Article 55

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The JG-22 Penal Law and in Volume 1 — The JG-22 in Plain English.