The Role of the Judge

First things first — judges have a lot of discretion in criminal sentencing on Long Island. They take into account the specific circumstances of the case, any prior record, victim impact statements, probation department recommendations, mandatory minimums, and sentencing guidelines. But at the end of the day, it comes down to the judge’s decision within the parameters of the law.

That means no two cases are alike. I’ve seen similar charges and fact patterns result in vastly different sentences, depending on the judge. As your attorney, my job is to present mitigating factors to encourage leniency, but judges are human too with their own perspectives. We’ll delve into common sentencing options, but there are no guarantees even with the same charges.

Types of Sentences

There are two main categories – jail/prison time or non-incarceration sentences. Jail terms under a year get served locally while prison terms over a year go to a state correctional facility. Within these broad categories, some main options include:

• Jail sentence – Misdemeanors bring sentences of under a year in the county jail.
• Prison – Felonies can result in over a year in a state prison.
• Probation – Defendants can avoid incarceration but must adhere to strict conditions like checking in with an officer, drug tests, classes, community service etc. or else face jail time.
• Conditional discharge – Similar to probation but generally fewer mandates. Stay out of trouble for the designated period and the charges get dismissed.
• Fines – For minor offenses, judges sometimes only impose fines without probation. But there are often mandatory surcharges that substantially increase the amount.
• Alternative sentencing – Rehab programs, home confinement, community service are less common but judges have discretion to fashion creative sentences in lieu of incarceration.

Those are the most common forms of sentences, but there are endless nuances and possibilities depending on the case specifics. Sentences often combine options too – jail time plus probation/fines for example. And while this gives judges flexibility, it also makes predicting outcomes difficult even for experienced lawyers!

Considerations in Sentencing

Judges weigh many factors when deciding appropriate sentences on Long Island, including:

• Criminal history – Repeated offenses mean much harsher sentences, especially for felonies. Defendants seen as lifelong criminals get less leniency.
• Victim impact – Statements from victims explaining their suffering often compel judges to impose longer sentences.
• Acceptance of responsibility – Defendants who plead guilty and show genuine remorse may get lighter sentences than those who go to trial.
• Sentencing guidelines/mandatory minimums – Some charges require judges to impose strict sentences regardless of other factors. Their hands are tied.
• Rehabilitation potential – Judges can be more lenient if they think rehabilitation programs will prevent reoffending.
• Health conditions – Illnesses sometimes persuade judges to allow alternative sentencing if incarceration would be overly punitive.
• Immigration status – Deportation and family separation are risks for non-citizens that judges occasionally consider.
• Socioeconomic background – Disadvantaged upbringings may slightly temper sentences where appropriate.

Of course this just scratches the surface of what goes into sentencing on Long Island. The complexity is why having an experienced local lawyer fighting on your behalf is so important. We understand the judges, the trends, the gray areas in the law and can passionately argue for mercy when appropriate. An extra 6 months of freedom matters hugely to my clients!

Case Examples

Looking at a few case examples helps illustrate how sentencing works in real life:

• 32 year old Mark S. was facing 2-7 years in prison after getting caught selling oxycodone pills to an undercover cop. Because he had no prior record, accepted responsibility quickly by pleading guilty, and entered rehab prior to sentencing, the judge took pity. She sentenced Mark to 6 months jail plus 5 years probation instead of years in state prison.
• Mary T. made the terrible decision to drive drunk as a college freshman and caused a horrible accident injuring another student. With no criminal history, the judge gave her a “youthful offender” sentence of 1 year conditional discharge instead of substantial jail time.
• Middle aged David L. got charged with felony tax fraud of over $500k during a IRS audit. Despite having a good job, the judge hit him with 1-3 years in prison plus massive restitution payments because the crime was so extensive and deliberate. His wife’s illness didn’t outweigh the severity of the fraud.
• Teenager Bobby M. stole an unlocked car and took a joyride before being caught by police. He had several prior petty theft convictions as a juvenile. The judge sentenced Bobby to 90 days jail time plus 5 years intensive probation to teach him a lesson given failure to reform.

As you can see, sentencing is incredibly case specific based on the charges, backgrounds, and judges. Having an experienced lawyer in your corner to negotiate is paramount. I advocate passionately for my clients every day in court to achieve the best possible outcome. Reach out now if you need help!