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New York criminal charge

Conspiracy in the fourth degree in New York

Current through 2026 New York legislative session

Conspiracy in the fourth degree is a criminal offense under New York law, defined by N.Y. Penal Law § 105.10. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by N.Y. Penal Law § 105.10.

What is the penalty for conspiracy in the fourth degree in New York?

Penalties for Conspiracy in the fourth degree
PenaltyRangeBasisAuthority
Jail / prisonup to 4 years (Conspiracy in the fourth degree — Applies to all forms of conspiracy in the fourth degree as defined in subdivisions 1 through 3 of this section.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06))discretionaryN.Y. Penal Law § 70.00
Fineup to $5,000 (Conspiracy in the fourth degree — Applies to all forms of conspiracy in the fourth degree as defined in subdivisions 1 through 3 of this section.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10))discretionaryN.Y. Penal Law § 70.00

Applies to current.

How is conspiracy in the fourth degree classified in New York?

The classification depends on the circumstances:

Classification variants for Conspiracy in the fourth degree
VariantClassificationWhen it appliesStatute
Conspiracy in the fourth degreeClass E FelonyApplies to all forms of conspiracy in the fourth degree as defined in subdivisions 1 through 3 of this section.N.Y. Penal Law § 105.10undefined

Common questions about conspiracy in the fourth degree in New York

What class of felony is conspiracy in the fourth degree in New York?

Conspiracy in the fourth degree is a Class E Felony in New York under N.Y. Penal Law § 105.10.

Conspiracy in the fourth degree: Class E Felony (N.Y. Penal Law § 105.10)

What are the penalties for conspiracy in the fourth degree in New York?

Penalties for conspiracy in the fourth degree in New York depend on how it is classified — from a Class E Felony up to a Class E Felony — with the ranges set by N.Y. Penal Law § 70.00; the full table of ranges by variant is published on this page.

Which New York statute covers conspiracy in the fourth degree?

Conspiracy in the fourth degree is governed by N.Y. Penal Law § 105.10 (Conspiracy in the fourth degree).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.