There is more to determining a sentence than the crime at question. A judge will consider a defendant’s criminal history, statements from prosecutors and witnesses and circumstances surrounding the case. Some cases will have to pass through a sentencing hearing while others will be sentenced once a defendant pleads.
The judge determines the sentence; however, they typically refer to sentencing guidelines in the New York Statutes. For your convenience Law Office of Stephanie Selloni has put together the sentencing guidelines for felony, misdemeanor and juvenile offenses. Keep in mind this information is not an accurate explanation for how your crimes will be sentenced.
Criminal Defense Attorney in Garden City
Were you recently arrested? Are you unsure of what you should do next? Contact Law Office of Stephanie Selloni.Stephanie Selloni is a proven defense lawyer who will do everything in her power to persuade a judge to reduce your sentence.
Take advantage of a free consultation. Call (516) 972-1212 to schedule a time to speak with Law Office of Stephanie Selloni. Ms. Selloni defends clients in areas such as Garden City, Shirley and Bronxville.
- How Long Will I Go to Jail for a Violent Felony in New York?
- Penalties for Non-Violent Felonies
- Penalties for Misdemeanor Crimes
- Juvenile Sentencing
- Additional Resources
How Long Will I Go to Jail for a Violent Felony in New York?
Violent felony crimes are some of the most serious offenses in the Empire State. Such crimes include force or threat of force upon an alleged victim. Common examples of violent felonies include robbery, sexual assault, criminal possession of a weapon, attempted arson and murder.
The severity of the offense will dictate how the crime is penalized. For instance, a class A violent felony such as aggravated murder will be more heavily punished than a class E violent felony like fourth-degree aggravated sexual abuse.
Listed below are possible penalties for violent felonies in New York:
- Class A Violent Felony: 20 years in prison to life without parole
- Class B Violent Felony: Five to 25 years in prison
- Class C Violent Felony: Three and a half to 15 years in prison
- Class D Violent Felony: Two to seven years in prison
- Class E Violent Felony: Three to five years of probation or up to four years in prison
Keep in mind these penalties are just a guideline. Time behind bars may be increased based on certain factors of your case such as criminal history, whether a deadly weapon was present and the extent of the alleged victim’s injuries. Also, in addition to prison time, a convicted felon will also be sentenced to a hefty fine ranging from $5,000 to $100,000 depending on the offense. Some felony convictions may be eligible for probation, but again, it depends on the class of the offense.
Penalties for Non-Violent Felonies
Non-violent crimes are still heavily penalized offenses. While the penalties for such offense are not as harsh as those for violent felonies, you still run the risk of spending significant time in prison if convicted. Common examples of non-violent felony offenses in New York include aggravated vehicular homicide, certain DWI offenses, identity theft and possession of a controlled substance.
Listed below is the possible prison time for conviction of a non-violent felony:
- Class B Non-Violent Felony: One to 25 years in prison
- Class C Non-Violent Felony: Three to five years of probation or up to 15 years in prison
- Class D Non-Violent Felony: Three to five years of probation or up to seven years in prison
- Class E Non-Violent Felony: Three to five years of probation or up to four years in prison
Like violent felonies, non-violent felonies can also be sentenced with a fine in addition to time behind bars. The greater the severity of the crime, the more expensive the fine. Depending on the offense, fines for conviction of a non-violent felony can range from $5,000 to $30,000.
Penalties for Misdemeanor Crimes
Misdemeanor crimes carry a lighter sentence than felony offenses. As a result, some defendants will not take the charges as seriously as they should. By doing so, they run the risk of creating a criminal record, spending time behind bars and having to pay expensive fines. Similar to felonies, misdemeanors are divided into different classes though they are not separated into violent and non-violent.
There are three types of misdemeanor classifications in New York: Class A misdemeanor, class B misdemeanor and unclassified misdemeanor. An unclassified misdemeanor can be charged as either a class A or class B misdemeanor depending on the statute. For instance, the Empire State’s DWI statutes states driving under the influence “shall be a misdemeanor and shall be punishable by…imprisonment in a penitentiary or county jail for no more than a year.” Since the statute only mentions “misdemeanor” and not the classification, a judge has the discretion to sentence the offense as either a class A or class B misdemeanor.
The penalties for misdemeanor offenses in New York are as follows:
- Class A Misdemeanor: Up to one year in jail or three years of probation and a fine of up to up $1,000
- Class B Misdemeanor: Up to three months in jail or one year of probation and a fine of up to $500
Minors are sentenced based on their age, intent and criminal history. Children who commit crimes fall into one of the four categories: Juvenile delinquent, juvenile offender, youthful offender and adolescent offender.
A juvenile delinquent is a child between 7 and 16 years old that committed a misdemeanor crime. These child offenders will not spend time in jail. Instead, the court may decide to sentence them to supervision, an alternative-to-placement program or a Close to Home placement facility.
Juvenile offenders are children between 13 and 15 who commit violent felony crimes. These children can be punished like adults, meaning they can spend time behind bars for their crimes. According to the New York statutes, juvenile offenders could be sentenced to the following:
- Class A Felony: Four years to life imprisonment
- Class B Felony: Up to 10 years of imprisonment
- Class C Felony: Up to seven years of imprisonment
- Class D Felony: Up to four years of imprisonment
The minimum term of imprisonment for all class B, C and D felony offenses are designated by the court at one-third the maximum term imposed. For instance, if the maximum term of imprisonment for a juvenile offender who committed a class C felony was seven years, then the minimum would be two years.
A judge has the discretion to label a child between 13 and 17 a youthful offender if they commit a felony crime. As a youthful offender, the child will not be tried as an adult, providing them with a chance to have no record for the crime. Like juvenile delinquents, a youthful offender will not spend any time behind bars but may be sentenced to probation, an alternative-to-placement program or a Close to Home placement facility.
Due to the Raise the Age law, all 16-year olds charged with a felony offense will be treated as an adolescent offender. Depending on the offense, an adolescent offender may be tried as an adult, but the judge will consider the child’s age when deciding a sentence.
Felony Classes and Sentencing | New York Statutes – Follow the link provided to view a chart of felony charges and their respective terms of imprisonment. You can also gain access to a list of crimes for each classification and their statutes. The information can be found on YPDCrime.com, a comprehensive online digest of New York state law.
Sentencing Basics | New York State Unified Court System – Visit the New York Courts website to learn about the basics of criminal sentencing. You can learn about what will take place at a sentencing hearing, gain access to information about plea bargains and the collateral consequences of a criminal conviction.
Criminal Defense Lawyer in Nassau County
You stand a better chance of having a sentence reduced the sooner you retain legal counsel. Stephanie Selloni understands how important your freedoms are. She will aggressively advocate on your behalf to ensure you spend little to no time behind bars.
Take the first step in your defense and schedule a consultation with Law Office of Stephanie Selloni. Ms. Selloni represents clients in Nassau County, Westchester County and Suffolk County.