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New York General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in New York that do not fit into any other New York sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 10-12-2005, 11:50 AM
flychic3312000's Avatar
flychic3312000 flychic3312000 is offline
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Question Re:what do you think will happen to me?

Well I have 5 felonies being ran concurrent.I havent been indicted yet.I'm out on bail right now.It's my first offense and I have no priors!Do you think I can get 6months 5years probation?I am my mans co defendant & he's 95% sure he's not doin years for the same charges .I need advice please.I definately have faith and I do believe in miracles!!!!
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Old 10-12-2005, 01:00 PM
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Default these are some guidelines i found BUT

they are from 2001 and a flat bid for violent felonies has come into play since then--and 5 felonies concurrent couldn't answer that. You need to talk to your lawyer!!

Online New York Criminal Sentence Assistant
Here is an online 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 a real criminal case to discuss your case with a qualified New York criminal defense lawyer or attorney.
Nevertheless, since a qualified New York criminal defense lawyer may not always be available to everyone at all times, using this guide is better than hoping the answers to your questions will magically appear before you.
If you follow the steps here you should have an 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 in this calculator.
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 the page.
We have attempted to reflect accurately the current (as of March, 2001) sentencing laws, but cannot guarantee 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 live criminal defense attorney qualified in New York. You could even call us for that live opinion.
NOTE: THIS INFORMATION HAS NOT BEEN UPDATED TO REFLECT THE MOST RECENT CHANGES TO NEW YORK'S DRUG LAWS. CLICK HERE FOR SUMMARY OF THE CHANGES TO NEW YORK DRUG LAWS.
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.
If you know the offense level of the crime you are researching, go to Step Two - Criminal History Level. You must know both the "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, use our online New York Crimes database application to help you find your offense level. Not all New York Crimes are listed, and you are advised again not to assume that the information is free from typographical errors. Please verify this information with a real live New York Criminal Defense Lawyer (like, for example, a criminal defense lawyer from Shalley & Murray)
Click here to visit our searchable online database of New York Crimes. It will open in a new window. When you have the information you need, simply close out that window and you will be back here to continue. If you only know the statute number of the crime or only know part of the statute number click here for our New York Crime Statute Number Search Form.
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.
No PriorsNon Violent PredicateViolent PredicateB Violent FelonyLowest: 5 years in prison Highest: 25 years in prison
Lowest: 8 years in prison Highest: 25 years in prison
Lowest: 10 years in prison
Highest: 25 years in prison
B Non Violent FelonyLowest: 1 - 3 years prison Highest: 81/3- 25 years prison
Lowest: 4 1/2 - 9 years prison Highest: 12 1/2 - 25 years
Lowest: 4 1/2 - 9 years prison
Highest: 12 1/2 - 25 years
C Violent FelonyLowest: 3 1/2 years in prison Highest: 15 years in prison
Lowest: 5 years in prison Highest: 15 years in prison
Lowest: 7 years in prison Highest: 15 years in prison
C Non Violent FelonyLowest: No Jail (Probation possible) Highest: 5 - 15 years in prison
Lowest: 3 - 6 years in prison Highest: 7 1/2 - 15 years in prison
Lowest: 3 - 6 years in prison Highest: 7 1/2 - 15 years in prison
D Violent FelonyLowest: 2 years in prison Highest: 7 years in prison
Lowest: 3 years in prison Highest: 7 years in prison
Lowest: 5 years in prison Highest: 7 years in prison
D Non Violent FelonyLowest: No Jail (Probation possible) Highest: 2 1/3 - 7 years in prison
Lowest: 2 - 4 years in prison Highest: 3 1/2 - 7 years in prison
Lowest: 2 - 4 years in prison Highest: 3 1/2 - 7 years in prison
E Violent FelonyLowest: 1 1/2 years in prison Highest: 4 years in prison
Lowest: 2 years in prison Highest: 4 years in prison
Lowest: 3 years in prison Highest: 4 years in prison
E Non Violent FelonyLowest: No Jail Highest: 1 1/3 - 4 years in prison
Lowest: 1 1/2 - 3 years in prison Highest: 2 - 4 years in prison
Lowest: 1 1/2 - 3 years in prison Highest: 2 - 4 years in prison
A MisdemeanorLowest: No Jail Highest: 1 year in jail
Lowest: No Jail Highest: 1 year in jail
Lowest: No Jail Highest: 1 year in jail
B MisdemeanorLowest: No Jail Highest: 90 days in jail
Lowest: No Jail Highest: 90 days in jail
Lowest: No Jail Highest: 90 days in jail
ViolationLowest: No Jail Highest: 15 days in jail
Lowest: No Jail Highest: 15 days in jail
Lowest: No Jail Highest: 15 days in jail
Important
This chart does not cover every possible situation and is not presented as a substitute for legal advice from a qualified criminal defense attorney. It is not meant to cover every possible situation. It is designed to demonstrate jail time exposure under New York State sentencing guidelines current as of 2001.
It is NOT a complete sentencing chart. It does not include any
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  #3  
Old 11-29-2006, 08:09 PM
DarthViets DarthViets is offline
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Default

You need to give much more information than what you have flychic. What degree of felony, what type, violent of non violent. If it is a drug related, New York may have a drug court program. Just saying 5 felonies running concurrent dont say enough to even speculate what you may be facing.
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Old 11-30-2006, 12:35 PM
exiledingreece exiledingreece is offline
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Default dont do it

i had probatio & its a trap off try & fight as long as u can & do the time w/o probation & other bullshit .5 yrs is a long time if u must do the time it will b over b4 the probation!
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