What Kind of Sentences Do Different Crimes Carry in New York?

When someone is convicted of a crime in New York, the judge imposes a sentence based on the offense and the circumstances. Sentences can range from probation and community service to lengthy prison terms. The severity of the sentence generally depends on factors like:

• The classification of the crime (felony, misdemeanor, violation)
• Statutory sentence ranges set in law for each offense
• Sentencing guidelines and policies
• Defendant's criminal history
• Mitigating or aggravating factors of the case

Here is an overview of the typical sentencing ranges for common offenses in New York:

Felonies

Felonies are the most serious type of crime in New York. They are classified from Class A to Class E, with Class A felonies subject to the harshest sentences . Common felony sentences include:

• Class A - 15 to 25 years or life in prison
• Class B - Up to 25 years in prison
• Class C - Up to 15 years in prison
• Class D - Up to 7 years in prison
• Class E - Up to 4 years in prison

Alternatives like probation may be allowed for lower-level felonies with no prior felonies. Repeat felons often face harsher prison terms.

Misdemeanors

Misdemeanors are less serious crimes divided into Class A, B, and Unclassified misdemeanors . Typical misdemeanor sentences are:

• Class A - Up to 1 year in jail
• Class B - Up to 3 months in jail
• Unclassified - Up to 15 days in jail

Probation or fines may be imposed as alternatives to incarceration, especially for first-time offenders.

Violations

Violations are minor offenses like traffic tickets. They carry :

• Up to 15 days in jail
• A fine of $50 to $250

Common violations include trespassing, disorderly conduct, and low-level drug possession.

Probation

Where allowed, probation may be imposed instead of incarceration but with strict supervision. The probation term can last :

• 1 to 3 years for a felony
• Up to 1 year for a misdemeanor
• Up to 6 months for a violation

Probation for felonies and misdemeanors may require serving some jail time as a condition.

Fines

Monetary fines are a common sentence, especially for low-level offenses. Fine amounts are set by the judge up to the statutory maximums, such as :

• Class A misdemeanor - Up to $1,000
• Class B misdemeanor - Up to $500
• Violation - Up to $250

Those unable to pay may have alternatives like community service.

Restitution

Restitution to compensate victims is often required as part of a sentence. The court orders payment to the victim for :

• Stolen or damaged property
• Medical expenses
• Lost earnings
• Other verifiable losses

Restitution amounts must be established by the preponderance of evidence and ability to pay may affect the amount set.

Post-Release Supervision

Those convicted of felonies face mandatory post-release supervision after prison. Supervision terms are :

• 5 years for Class A felonies
• 3 years for Class B violent felonies
• 2 years for other Class B felonies
• 1-2 years for Class C, D, E felonies

Violating release conditions can lead to re-imprisonment.

Alternative Sentences

Other sentences aimed at rehabilitation may include :

• Community service
• Participation in impact panels
• Mandatory counseling or treatment
• Ignition interlock devices for DUI
• Home confinement

These aim to reform offenders while allowing them to remain in the community.

References

1. NY State Senate Bill S70.00
2. NY State Senate Bill S70.15
3. NY State Senate Bill S65.00
4. NY State Senate Bill S80.05
5. NY State Senate Bill S60.27
6. NY State Senate Bill S70.45
7. NY State Senate Bill S60.01