New York Criminal Sentence Assistant
Here is an online guide to New York State sentences in criminal cases, BUT NOT FELONY DRUG CASES. New York State drug felonies now have their own sentencing structure that is not reflected in the chart at the bottom of this page. Please visit our New York Drug Law Information page for further information about the drug law changes in New York.
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 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 actual physical violence is not an absolute requirement of Burglary in the Second Degree.
New York New York Arraignments - Criminal Court Arraignments in New York City
If you don't know the offense level or are unsure, go back to the New York Crimes page of this site where you can look up most New York crimes.
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
| Offense Level | 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: 8 1/3- 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 |