Criminal Defense
Is Probation Commonly Given for Felonies in New York?
max@dotcomlawyermarketing.com
Legal Expert
4 min read
Updated: Sep 6, 2025
Is Probation Commonly Given for Felonies in New York?
At Spodek Law Group, we understand that facing felony charges in New York can be an incredibly stressful and uncertain time. One of the most common questions our clients ask us is whether probation is a likely outcome for felony convictions in New York. The answer, like many aspects of criminal law, is that it depends on the specific circumstances of the case.Probation as an Alternative to Incarceration
Probation can be an attractive alternative to jail or prison time for many defendants convicted of felonies in New York. As experienced criminal defense attorneys, we've helped many clients pursue probation as a sentencing option. However, it's important to understand that probation is not automatically granted for felony convictions.Some key factors that influence whether probation may be granted include:- The nature and severity of the felony offense
- The defendant's prior criminal record
- Mitigating circumstances surrounding the crime
- The defendant's ties to the community
- Recommendations from the prosecutor and probation department
Types of Probation for Felonies in New York
In New York, there are two main types of probation that may be imposed for felony convictions:- Straight Probation: The entire sentence is served on probation, with no jail time required.
- Split Sentence: A combination of jail time (up to 6 months) followed by a probation term.
- 5 years for most felonies
- Up to 10 years for certain serious felonies
Conditions of Felony Probation
If you're granted probation for a felony conviction in New York, you'll be required to follow strict conditions set by the court. Common probation conditions include:- Regular check-ins with a probation officer
- Drug testing
- Maintaining employment or attending school
- Completing community service hours
- Paying fines and restitution
- Attending counseling or treatment programs
- Abiding by a curfew
- Avoiding contact with certain individuals
Pursuing Probation as a Sentencing Option
If you're facing felony charges in New York, our experienced criminal defense attorneys at Spodek Law Group can help you explore whether probation may be a viable sentencing option in your case. We'll thoroughly review the facts of your case, your background, and other relevant factors to develop a strong argument for probation if appropriate.Some strategies we may employ to pursue probation include:- Negotiating with prosecutors for a plea deal that includes probation
- Presenting mitigating evidence and character witnesses at sentencing
- Proposing a detailed probation plan to the judge
- Arguing for alternatives to incarceration based on your specific circumstances
The Importance of Strong Legal Representation
When facing felony charges in New York, having a skilled criminal defense attorney can make all the difference in pursuing probation or other favorable outcomes. At Spodek Law Group, we have decades of experience handling complex felony cases throughout New York.Our approach includes:- Thoroughly investigating the charges against you
- Identifying weaknesses in the prosecution's case
- Negotiating aggressively with prosecutors
- Developing a strong defense strategy tailored to your unique situation
- Presenting compelling arguments for probation or reduced charges
Contact Spodek Law Group for a Free Consultation
If you or a loved one is facing felony charges in New York, don't wait to get experienced legal help. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation about your case. Let us put our knowledge and experience to work fighting for your rights and pursuing the best possible outcome.Remember, the possibility of probation for a felony conviction depends on many factors. Only a qualified attorney who has reviewed the specifics of your case can give you an accurate assessment of whether probation may be an option. Don't leave your future to chance - reach out to the dedicated criminal defense team at Spodek Law Group today.As Featured In






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