{"id":86024,"date":"2018-11-11T16:01:30","date_gmt":"2018-11-11T21:01:30","guid":{"rendered":"https:\/\/sentencing.net\/?p=86024"},"modified":"2019-11-05T16:41:00","modified_gmt":"2019-11-05T21:41:00","slug":"sentencing-chart-new-york-state","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/sentencing-chart-new-york-state","title":{"rendered":"Sentencing Chart in New York: A Closer Look"},"content":{"rendered":"\n\t

Just like the Federal Sentencing Guidelines, many states have their own version of sentencing guidelines<\/a>, and sentencing charts. The State of New York is no exception. The Sentence Chart in New York for state crimes is particularly complicated.<\/p>\n

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New York state Sentencing Guidelines<\/p><\/div>\n

In fact, there is not just one sentencing chart in New York, but four. Moreover, those four charts do not cover penalties for New York state drug offenses. While many New York criminal defense attorneys will tell you that there are too many complications and exceptions regarding New York sentencing law — and their are —\u00a0this article will try to give you a fair assessment of the landscape of sentencing in New York State, including the sentencing chart in New York. The idea is just to give you an overall \u201csense\u201d of New York sentencing. To get actual legal advice on what the sentencing chart in New York looks like for your particular circumstances, however, you should consult with a licensed New York criminal defense attorney, and rely on his or her advice.<\/p>\n

Some New York Sentencing Basics<\/strong><\/h3>\n

In New York there are two types of sentences \u2013 \u201cdeterminate,\u201d and \u201cindeterminate.\u201d The distinction is simple. A determinate sentence is a sentence that runs for a specific period of time, such as 5 years or 10 years.\u00a0 An indeterminate sentence, by contrast, is one that provides for a sentencing range, such as 5 to 15 years, or 25 years to life.<\/p>\n

Courts typically impose indeterminate sentences for non-violent felonies. With those types of sentences, once the defendant has reached the minimum in the range he or she becomes eligible for parole. The Parole Board, then, determines how long the defendant will remain in prison.<\/p>\n

For violent felonies, felonies involving drug offenses, and felonies where the defendant has a prior conviction for a violent felony, courts typically impose determinate sentences.<\/p>\n

The Sentencing Chart New York<\/strong><\/h3>\n

With regard to the sentencing chart in New York, the four charts work after answering three fundamental questions: (1) What is the classification of the crime charged? (2) Is the charged crime considered violent or non-violent? And (3) does the defendant have any prior felony convictions, and were any of them violent? Here is a more detailed breakdown of those questions:<\/p>\n

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  1. Crime Classification<\/strong>. The first thing you must identify is the classification of the crime with which you are charged. In New York, there are Class A, B, C, D, and E felonies. Class A felonies are the most serious, and Class E felonies are the least serious. Here are some examples:<\/li>\n<\/ol>\n