determinate and indeterminate sentences in ny.
Learn the critical distinctions between determinate and indeterminate sentences in New York State, including which felonies receive each type, sentencing ranges by felony class, parole eligibility, conditional release rules, and how predicate felon status changes sentencing. Clear explanations for both legal professionals and individuals facing felony charges.
In New York State, sentences for felony crimes are divided into two main categories - determinate and indeterminate sentences. Whether a sentence is determinate or indeterminate depends on if the felony is classified as "violent" or "non-violent." This classification is based on how the statute defines the crime, not necessarily whether violence was used in the actual commission of the crime.
Determinate Sentences
Determinate sentences, sometimes called "flat" sentences, run for a specific period of time set by the judge, like 5 or 10 years. They generally apply to violent offenses, most sex offenses, and drug offenses. Under the Sentencing Reform Act of 1998, determinate sentences also have a separate period of post-release supervision that is set by the judge. This is different from indeterminate sentences where the length of parole supervision depends on how long the defendant serves in prison. Some examples of crimes that carry determinate sentences in New York include:
- Murder in the first and second degree
- Manslaughter in the first degree
- Aggravated sexual abuse
- Criminal possession of a controlled substance (drug offenses)
Conditional Release
A person serving a determinate sentence can receive merit time allowances against their sentence of up to 1/7th of the term imposed by the court. This means they must serve at least 6/7ths of their determinate sentence before being eligible for conditional release to parole supervision. For example, if someone is sentenced to 7 years for Assault in the First Degree, they would be eligible for conditional release after serving 6 years.
Indeterminate Sentences
In New York, an indeterminate sentence provides a range between a minimum and maximum number of years set by statute. The ranges are defined in Criminal Procedure Law Sections 70.00(2) and 70.00(3). Indeterminate sentences generally apply to non-violent felonies involving things like property theft or damage. Some examples include:
- Grand Larceny
- Burglary
- Criminal Mischief
The sentencing ranges for different classes of indeterminate felonies are:
| Felony Class | Minimum Sentence | Maximum Sentence |
|---|---|---|
| Class A-I | 15 - 25 years | Life |
| Class A-II | 3 - 8 1/3 years | Life |
| Class B | 1 - 8 1/3 years | 25 years |
| Class C | 1 - 5 years | 15 years |
| Class D | 1 - 2 1/3 years | 7 years |
| Class E | 1 - 1 1/3 years | 4 years |
Parole Board
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