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  real criminal charges pending to discuss your case with a qualified New York criminal defense lawyer or attorney.  

If you follow the steps here you should have an somewhat 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 aspect of sentencing that we have targeted.   

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 these pages.

We have attempted to reflect accurately the sentencing laws, but cannot guarantee the information or 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 criminal defense attorney qualified in New York.  You could even call us 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.

You must know both the offense level "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 Call The Law Offices of John W. Mitchell for a Free Consultation @ 212-696-9500.

 

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.