New York criminal charge
Insurance fraud in the fifth degree in New York
Insurance fraud in the fifth degree is a Class A Misdemeanor under New York criminal law, defined by N.Y. Penal Law § 176.10. As a Class A Misdemeanor, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 176.10.
What is the penalty for insurance fraud in the fifth degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about insurance fraud in the fifth degree in New York
What class of misdemeanor is insurance fraud in the fifth degree in New York?
Insurance fraud in the fifth degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 176.10.
What are the penalties for insurance fraud in the fifth degree in New York?
As a Class A Misdemeanor, insurance fraud in the fifth degree carries up to 364 days (the maximum authorized for the class) of incarceration and a fine of up to $1,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers insurance fraud in the fifth degree?
Insurance fraud in the fifth degree is governed by N.Y. Penal Law § 176.10 (Insurance fraud in the fifth 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.