Sentencing Chart [Archive]

LRamos4552

09-18-2008, 10:45 PM

I know that many of our loved ones in Rikers have yet to be sentenced so I thought this chart would be useful in this forum... It's a sentencing chart for determinate sentences... It shows one column for good time and one including good and merit time. Let me know if you have any questions...

I hope you can see it. Let me know if it doesn't work. I can email it.

Here's the link to where I think it attached correctly:
http://www.prisontalk.com/forums/showthread.php?t=179820

Hi. I'm not sure if this helps, but I posted this in another forum. IT IS FOR NON-DRUG OFFENSES. I WILL TRY TO GET TOGETHER A CHART OF DRUG OFFENSES IN THE NEAR FUTURE IF ANYONE IS INTERESTED.

Below is a list of some common terms in determing setences as well as a list of the minmum and maximum for each felony level. It is not always obvious how to classify someone and these are only meant to be guidelines.

COMMON TERMS:

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.

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.

:eek: PLEASE NOTE: AGAIN, THIS CHART DOES NOT APPLY TO DRUG FELONIES. A SEPARATE SENTENCING STRUCTURE NOW APPLIES TO DRUG FELONIES (I will try to post a similar list for drug felonies soon).

:eek: In addition, this chart does not include Level A felonies. They are considered the most serious of crimes for New York and all carry potential LIFE sentences (again non-drug related felonies).

No Priors
B Violent Felony Lowest: 5 years in prison to Highest: 25 years in prison
B Non-Violent Felony Lowest: 1 - 3 years prison to Highest: 8⅓ - 25 years prison
C Violent Felony Lowest: 3 ½ years in prison to Highest: 15 years in prison
C Non -Violent Felony Lowest: No Jail (Probation possible) to Highest: 5 - 15 years in prison
D Violent Felony Lowest: 2 years in prison to Highest: 7 years in prison
D Non -Violent Felony Lowest: No Jail (Probation possible) to Highest: 2⅓ - 7 years in prison
E Violent Felony Lowest: 1.5 years in prison to Highest: 4 years in prison
E Non Violent Felony Lowest: No Jail to Highest: 1⅓ - 4 years in prison
A Misdemeanor Lowest: No Jail to Highest: 1 year in jail
B Misdemeanor Lowest: No Jail to Highest: 90 days in jail
Violation Lowest: No Jail to Highest: 15 days in jail

Non Violent Predicate
B Violent Felony: Lowest: 8 years in prison to Highest: 25 years in prison
B Non-Violent Felony: Lowest: 4 ½ - 9 years prison to Highest: 12 ½ - 25 years
C Violent Felony: Lowest: 5 years in prison to Highest: 15 years in prison
C Non -Violent Felony Lowest: 3 - 6 years in prison to Highest: 7 ½ - 15 years in prison
D Violent Felony: Lowest: 3 years in prison to Highest: 7 years in prison
D Non -Violent Felony: Lowest: 2 - 4 years in prison to Highest: 3 ½ - 7 years in prison
E Violent Felony: Lowest: 2 years in prison to Highest: 4 years in prison
E Non Violent Felony: Lowest: 1 ½ - 3 years in prison to Highest: 2 - 4 years in prison
A Misdemeanor: Lowest: No Jail to Highest: 1 year in jail
B Misdemeanor: Violation Lowest: No Jail to Highest: 90 days in jail
Violation: Lowest: No Jail to Highest: 15 days in jail

Violent Predicate
B Violent Felony: Lowest: 10 years in prison to Highest: 25 years in prison
B Non-Violent Felony: Lowest: 4 ½ - 9 years prison to Highest: 12 ½ - 25 years
C Violent Felony: Lowest: 7 years in prison to Highest: 15 years in prison
C Non -Violent Felony: Lowest: 3 - 6 years in prison to Highest: 7 ½ - 15 years in prison
D Violent Felony: Lowest: 5 years in prison to Highest: 7 years in prison
D Non -Violent Felony: Lowest: 2 - 4 years in prison to Highest: 3½ - 7 years in prison
E Violent Felony: Lowest: 3 years in prison to Highest: 4 years in prison
E Non Violent Felony: Lowest: 1½ - 3 years in prison to Highest: 2 - 4 years in prison
A Misdemeanor: Lowest: No Jail to Highest: 1 year in jail
B Misdemeanor: Lowest: No Jail to Highest: 90 days in jail
Violation: Lowest: No Jail to Highest: 15 days in jail

HOPE THIS HELPS!