Criminal Defense Lawyers

Will I Go to Jail? Understanding Sentencing Guidelines in New York

Will I Go to Jail? Understanding Sentencing Guidelines in New York

Being charged with a crime in New York can be an incredibly stressful and uncertain experience. Many defendants wonder if they will face jail or prison time if convicted. While the potential penalties depend on the specific charges, New York has sentencing guidelines judges follow that provide a framework for the type and length of sentences.

How Sentencing Works in New York

New York, like most states, has adopted sentencing guidelines to promote consistency in punishments across similar cases. However, sentencing still involves a lot of judicial discretion. Judges look at the facts of each case, including any mitigating or aggravating factors, and impose a sentence within the statutory range set by law. Some of the main things judges consider include:

• The severity of the charges and potential penalties – More serious felonies often result in lengthier sentences than misdemeanors. The possible minimum and maximum sentences help set expectations.
• Defendant’s criminal history – Repeat offenders usually face harsher sentences than first-time offenders.
• Use of a weapon – Offenses committed with a dangerous weapon often lead to enhanced prison terms.
• Victim impact – Crimes resulting in physical injury or financial loss may warrant longer sentences.
• Defendant’s role – Leaders and organizers of criminal schemes typically receive longer sentences than subordinates or accomplices.
• Acceptance of responsibility – Defendants who plead guilty and express genuine remorse may receive lighter sentences.

While guidelines provide estimated sentencing ranges, judges have significant flexibility based on the facts of each case. The ranges are not mandatory, but provide benchmarks that judges must consider.

Felony Sentencing Guidelines

Felony offenses are more serious crimes punishable by over one year in state prison. Under New York’s sentencing structure, felonies are classified from E to A, with A being the most severe. The following ranges outline sentences for first-time felony offenders:

• Class E: Probation up to 4 years in prison
• Class D: Probation up to 7 years in prison
• Class C: Probation up to 15 years in prison
• Class B: Probation up to 25 years in prison
• Class A: Probation up to life in prison

The specific sentence imposed will depend on factors like the degree of harm caused and the defendant’s level of culpability. For example, first-degree robbery involving a weapon will likely result in substantially more prison time than third-degree burglary.Repeat felony offenders face enhanced penalties, including extended terms of probation or imprisonment. They also have narrower ranges for alternative non-prison sentences.

Violent Felony Offender Law

New York has strict sentencing enhancements for defendants who commit violent felony offenses after already being convicted of a predicate violent felony. Under the state’s Violent Felony Offender Law, qualifying defendants face determinate prison sentences ranging from 10-25 years to life. The exact length depends on the number and type of prior violent felony convictions.

Alternative Non-Prison Sentences

While New York’s sentencing structure allows for lengthy terms of imprisonment, first-time and non-violent offenders may receive alternative non-prison sentences involving probation or conditional discharge. These community-based sentences allow defendants to serve their punishment outside of incarceration but under court supervision. Typical alternative non-prison sentences include:

• Probation: Defendants must comply with terms like maintaining employment, completing community service, avoiding further arrests, and reporting to a probation officer.
• Conditional Discharge: Similar to probation but generally less stringent in terms of supervision.
• Rehabilitation Program: Defendants must complete court-mandated counseling or treatment, like anger management, domestic violence prevention, or substance abuse classes.

Judges have broad discretion in imposing reasonable non-prison sentences but may require defendants to serve up to one year in local jail as a condition of the sentence.

Misdemeanor Sentencing Guidelines

Misdemeanor crimes generally involve less severe offenses than felonies, with maximum jail sentences of one year or less. Like felonies, misdemeanors are placed into classes that dictate potential sentences:

• Class A Misdemeanor: Up to 1 year in jail
• Class B Misdemeanor: Up to 90 days in jail
• Unclassified Misdemeanor: Up to 15 days in jail

Misdemeanor sentencing also involves judicial discretion based on the offense and the defendant’s background. First-time misdemeanor offenders often receive non-jail sentences like probation, community service, counseling programs, or just court fines. But repeat offenders and convictions for assault, DUI, or other serious misconduct may result in months in county jail.

Will I Actually Go to Jail?

Many first-time offenders anxiously wonder if they will be handcuffed and led out of court straight to jail following a conviction. However, immediate jail confinement is relatively rare, particularly for those without a notable criminal history who are convicted of low-level offenses.In most cases, judges allow defendants to self-surrender to begin serving jail terms at a later date, like 60 days in the future. This allows defendants to get their affairs in order before incarceration. Defendants out on bail during their cases are typically allowed to remain free on bond during any post-trial appeal process.However, judges can send defendants into custody immediately following a conviction if they:

• Pose an ongoing threat to public safety
• Seem likely to flee the jurisdiction
• Violated terms of their pretrial release

When it comes to sentencing decisions, no two cases are exactly alike. The best way to try to determine potential penalties for a New York criminal charge is to speak to an experienced local defense attorney. Counsel can review the accusations and evidence and provide case-specific insight into likely sentencing outcomes – and formulate an aggressive defense strategy aimed at avoiding a conviction altogether.

Getting an Experienced New York Sentencing Lawyer

Facing criminal charges in New York can be extremely daunting. But you don’t have to go it alone. Connect with a knowledgeable sentencing lawyer to discuss your case in a completely free, no-obligation case evaluation. An attorney can help you understand the sentencing guidelines and potential penalties you realistically face if convicted. They can also build customized defense strategies aimed at achieving the most favorable outcome possible. Don’t leave your fate to chance. Contact an attorney today to take control of your case.

Resources

How New York Sentencing Guidelines WorkNew York Sentencing FAQsHow Judges Determine Criminal SentencesMitigating Factors in NY Sentencing