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New York Criminal Sentence Assistant
Here is an online guide to New York State sentences in criminal cases.
Keep in mind that this guide is not meant to be a substitute for the opinion of
a qualified New York criminal defense lawyer. It is always our
recommendation that if you have a real criminal case to discuss your case with a
qualified New York criminal defense lawyer or attorney.
Nevertheless,
since a qualified New York criminal defense lawyer may not always be available
to everyone at all times, using this guide is better than hoping the answers to
your questions will magically appear before you.
If you follow the steps here you should have an accurate idea of the maximum
and (in many cases) the minimums amounts of jail time faced by an accused.
Given that most people are interested in the jail time associated with
criminal cases, it is the jail time a spect of sentencing that we have
targeted in this calculator.
Keep in mind, however, that laws, especially sentencing laws, have a tendency to
change. It is quite possible that the laws may change before we have an
opportunity to update the page.
We have attempted to reflect accurately the current (as of March, 2001)
sentencing laws, but cannot guarantee that a typographical error has not escaped
our attention.
The results of using this calculator should be treated by you as a first step
in a process of seeking information. Get a second opinion.
Confirm what you find here with a live criminal defense attorney qualified in
New York. You could call Shalley &
Murray for that
live opinion.
Step One
- The Offense Level
New York State grades felonies from A to E.
A is the most serious and E is the least serious. Keep in mind that the
least serious felony is punishable by more than one year in State Prison.
Each felony is also labeled violent or nonviolent. Usually the rating of
violence is related to actual violence involved in the crime but not
always. Burglary in the Second Degree, for example, is considered a
"violent" crime even though violence has nothing to do with Burglary
in the Second Degree.
If you know the offense level of the
crime you are researching, go to Step Two - Criminal History
Level. You must know both the "grade" and whether or not
it is considered violent. For example, "B violent
felony" or "D nonviolent felony".
If you don't know the offense level or
are unsure, go back to the New York Crimes page
of this site and look it up either by name or New York Penal Law section
number.
Step Two
- Criminal
History Category
Next, you need to know the criminal
history category of the accused. It is not always obvious how to classify
someone. Here are some guidelines.
No Priors - If the person in
question has no felony convictions ever, that person obviously qualifies for the
"no priors" category. Someone also qualifies for the "no
priors" category if he has no felony convictions in the last ten
years. The ten years does not begin until the person is released from jail
on a previous case. This can get tricky and might require a careful
analysis of dates. Youthful Offender findings do not count as prior
convictions. Felony convictions in other states, the Federal system, or
even other countries can be considered convictions in New York. The
determination with respect to non-NY convictions can be extremely complex.
Non-Violent Predicate - A non
violent predicate is a person who has been convicted of a non violent felony
within the last ten years.
Violent Predicate - A violent
predicate is a person who has been convicted of a violent felony within the last
ten years.
Persistent Felony Offenders -
If a person has two or more felony convictions in his past he may be a
persistent felony offender and face LIFE in prison. We do not deal with
persistent felony offenders in the sentencing chart that follows.
If a person is a persistent felony offender he faces LIFE in
prison. That just about sums it up.
Juvenile Offender - Children
16 and younger can be prosecuted in adult criminal court for certain very
serious crimes. Nevertheless, these children do not face the same
jail sentences that adults face. We do not address Juvenile Offender
sentences in the chart that follows.
Youthful Offender - People
under 19 years old at the time of the alleged offense are usually eligible for
Youthful Offender Treatment. If a person is found to be a "Youthful
Offender" the person is not considered to be convicted of a crime by New
York State. Also, a Youthful Offender is sentenced according to different
rules from adults. A Youthful Offender can receive a maximum sentence of 1
1/3 - 4 years in prison. Youthful Offender treatment does not necessarily
prevent the Federal Government from considering it a conviction for Immigration
purposes.
Jail
Time Faced In New York - The Chart
Directions:
Find the Offense Level you are interested in on
the left hand column. Then find the criminal history category of the
person who is charged with the crime. The box at the intersection of the
row and column will give you the jail time range required by New York State
law. "Lowest" means the least amount of jail time possible for a
person of that criminal history convicted of that offense level.
"Highest" means the maximum amount of jail time possible for a person
of that criminal history convicted of that offense level.
Level A felonies are not listed here. They
are the most serious of crimes for New York and all carry potential LIFE
sentences. In the case of murder in the first degree, the potential for
the DEATH penalty exists.
Example: Suppose you want to find
out what the possible sentences are for a person charged with Robbery in the
First Degree in New York State. For the purposes of this example, the
person has never been convicted of any felonies (or anything else).
Robbery in the First Degree is a B violent felony. A person with no felony
convictions will use the "no priors" column. The box at the
intersection of "no priors" and "B violent felony" shows
that the "lowest" amount of jail time allowed by law is 5 years.
That means that if the person is convicted of Robbery in the First Degree, the
judge will have no authority to sentence the person to one second less than 5
years in prison. No probation. No programs. No slaps on the
wrist. No matter what. Furthermore, the judge would be allowed to
sentence the person to as much as 25 years in prison.
| |
No Priors |
Non Violent Predicate |
Violent Predicate |
| B Violent Felony |
Lowest: 5 years
in prison
Highest:
25 years in prison
|
Lowest: 8
years in prison
Highest:
25 years in prison
|
Lowest: 10 years
in prison
Highest:
25 years in prison
|
| B Non Violent Felony |
Lowest: 1 - 3 years prison
Highest:
81/3- 25 years prison |
Lowest: 4 1/2 - 9 years prison
Highest:
12 1/2 - 25 years |
Lowest: 4 1/2 - 9 years prison
Highest:
12 1/2 - 25 years
|
| C Violent Felony |
Lowest: 3 1/2
years in prison
Highest:
15 years in prison
|
Lowest: 5 years
in prison
Highest:
15 years in prison |
Lowest: 7 years
in prison
Highest:
15 years in prison
|
| C Non Violent Felony |
Lowest: No Jail
(Probation possible)
Highest:
5 - 15 years in prison
|
Lowest: 3 - 6
years in prison
Highest:
7 1/2 - 15 years in prison
|
Lowest: 3 - 6
years in prison
Highest:
7 1/2 - 15 years in prison
|
| D Violent Felony |
Lowest: 2 years
in prison
Highest:
7 years in prison
|
Lowest: 3 years
in prison
Highest:
7 years in prison
|
Lowest: 5 years
in prison
Highest:
7 years in prison
|
| D Non Violent Felony |
Lowest: No Jail
(Probation possible)
Highest:
2 1/3 - 7 years in prison
|
Lowest: 2 - 4
years in prison
Highest:
3 1/2 - 7 years in prison
|
Lowest: 2 - 4
years in prison
Highest:
3 1/2 - 7 years in prison
|
| E Violent Felony |
Lowest: 1
1/2 years in prison
Highest: 4 years
in prison
|
Lowest: 2
years in prison
Highest: 4 years
in prison
|
Lowest: 3 years
in prison
Highest: 4 years
in prison
|
| E Non Violent Felony |
Lowest: No
Jail
Highest: 1 1/3 - 4
years in prison
|
Lowest: 1 1/2 -
3 years in prison
Highest: 2 - 4
years in prison
|
Lowest: 1
1/2 - 3 years in prison
Highest: 2 - 4
years in prison
|
| A Misdemeanor |
Lowest: No Jail
Highest: 1 year in jail
|
Lowest: No Jail
Highest: 1 year in jail
|
Lowest: No Jail
Highest: 1 year in jail
|
| B Misdemeanor |
Lowest: No Jail
Highest: 90 days in jail
|
Lowest: No Jail
Highest: 90 days in jail
|
Lowest: No Jail
Highest: 90 days in jail
|
| Violation |
Lowest: No Jail
Highest: 15 days in jail
|
Lowest: No Jail
Highest: 15 days in jail
|
Lowest: No Jail
Highest: 15 days in jail
|
Important
THIS CHART NO LONGER APPLIES TO DRUG FELONIES.
A SEPARATE SENTENCING STRUCTURE NOW APPLIES TO DRUG FELONIES. Please call
us at 718-268-2171 for more information.
This chart does not cover every possible
situation and is not presented as a substitute for legal advice from a qualified
criminal defense attorney. It is not meant to cover every possible situation. It is
designed to demonstrate jail time exposure under New York State sentencing
guidelines current as of 2001.
It is NOT a complete sentencing
chart. It does not include any discussion of parole or post release
supervision. It does not include Youthful Offender or Juvenile Offender
guidelines. It does not include Persistent Felon guidelines.
Furthermore, it does not include some rarely used theoretical exceptions to some
of the guidelines listed below. In short, this chart is not a substitute
for having a real live qualified experienced criminal defense attorney consult
with you.
Nevertheless, since everyone doesn't always have access to
a real live qualified experienced criminal defense attorney, this chart is a
decent alternative to simply wondering what the sentences in New York might
be. It is certainly a far better alternative than listening to television
news or reading the newspapers who virtually always get sentencing wrong.
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