 |
||
 |
|
|
If you've been arrested, you want to know what you're looking at. This chart may be confusing, but so is New York State sentencing law. Obviously, the more serious the crime the more serious the time. New York classifies felonies from E to A, with A being the most serious. New York further classifies felonies as "violent" or "non-violent." The Penal Law contains classifications for all felonies and is too voluminous to reproduce here. Essentially there are two types of sentences in New York: "determinative" and "indeterminative." Determinative sentences run for a specific period, such as eight years. Indeterminative sentences run for a range from a minimum to a maximum, such as fifteen to life. New York also "enhances" sentences for defendants previously convicted of a felony. So, to use this chart: 1) determine the classification of the crime you are charged with; 2) determine whether or not it is "violent"; and 3) determine whether you have any prior felony convictions, and whether they were violent. Then, look at the appropriate chart below. Remember, finally, that how much of your sentence you actually serve can vary, depending on such factors as good behavior. |
||
|
|
|
The Law Offices of Robert C. Reuland, P.C., is a New York professional corporation. We are a criminal defense firm located in Brooklyn, New York. We provide representation throughout New York City in all state and federal courts. The information contained on this site is not, nor is it intended to be, legal advice. You should consult an attorney to obtain legal advice particular to your circumstances. Copyright 2008 Robert C. Reuland. All rights reserved. |
||
|
|
|
If the defendant has NO PRIOR felony convictions, he will be treated as a "first felony offender." Sentences for non-predicate defendants are indeterminate for non-violent first offenses and determinate for violent first offenses. |
||||
|
NO PRIORS |
NO PRIORS |
||
|
MIN. |
MAX. |
MIN. |
MAX. |
A-1 |
15 - 25 |
LIFE |
|
|
A-2 |
3 - 8 1/3 |
LIFE |
|
|
B |
1 - 3 |
8 1/3 - 25 |
5 |
25 |
C |
NO JAIL |
5 - 15 |
3 1/2 |
15 |
D |
NO JAIL |
2 1/3 - 7 |
2 |
7 |
E |
NO JAIL |
1 1/3 - 4 |
1 1/2 |
4 |
If the defendant has a PRIOR NON-VIOLENT felony conviction, he will be sentenced as a "second felony offender." For a non-violent second felony, sentences are indeterminate. If the second offense is violent, the sentence will be determinate. |
||||
|
NON-VIOLENT PREDICATE |
NON-VIOLET PREDICATE |
||
|
MIN. |
MAX. |
MIN. |
MAX. |
A-2 |
6 - 12 1/2 |
LIFE |
|
|
B |
4 1/2 - 9 |
12 1/2 - 25 |
8 |
25 |
C |
3 - 6 |
7 1/2 - 15 |
5 |
15 |
D |
2 - 4 |
3 1/2 - 7 |
3 |
7 |
E |
1 1/2 - 3 |
2 - 4 |
2 |
4 |
If the defendant has a PRIOR VIOLENT felony convictions, he will be sentenced as a "second felony offender." If the second offense is non-violent, the sentence will be determinate. If the second crime is violent, he will be sentenced as a "second violent felony offender" and the sentence will be determinate. |
||||
|
VIOLENT PREDICATE |
VIOLENT PREDICATE |
||
|
MIN. |
MAX. |
MIN. |
MAX. |
A-2 |
6 - 12 1/2 |
LIFE |
|
|
B |
4 1/2 - 9 |
12 1/2 - 25 |
10 |
25 |
C |
3 - 6 |
7 1/2 - 15 |
7 |
15 |
D |
2 - 4 |
3 1/2 - 7 |
5 |
7 |
E |
1 1/2 - 3 |
2 - 4 |
3 |
4 |
If the defendant has been imprisoned for at least TWO PRIOR FELONIES, he may at the court's discretion be treated as a "persistent felony offender," also known as a "discretionary persistent." If the defendant has at least TWO PRIOR VIOLENT FELONIES, and the current crime is violent, the court must sentence the defendant as a "persistent violent felony offender," also known as a "mandatory persistent." |
||||
|
PERSISTENT FELONY OFFENDER |
PERSISTENT VIOLENT FELONY OFFENDER |
||
|
MIN. |
MAX. |
MIN. |
MAX. |
A-2 |
15 - 25 |
LIFE |
|
|
B |
15 - 25 |
LIFE |
20 - 25 |
LIFE |
C |
15 - 25 |
LIFE |
16 - 25 |
LIFE |
D |
15 - 25 |
LIFE |
12 - 25 |
LIFE |
E |
15 - 25 |
LIFE |
ANY |
LIFE |
Chart of criminal sentences available under New York State law
