New York Criminal Law Sentencing Guidelines
The Law Office of S.C. Davidson knows criminal law sentencing guidelines in New York can be confusing and complex to those who lack knowledge of the legal system. This is why you should contact a criminal defense lawyer who is familiar with the laws. There are two steps used to calculate a criminal case sentence: the offense level and the criminal history of the accused.
The first step to New York law guidelines is grading the misdemeanor of felony. Misdemeanors are graded from A to B, while felonies are graded from A to E. The most serious criminal offense is graded at “A” and the least serious crimes graded as “E.” Each offense is also categorized as being violent or nonviolent, which usually applies to the actual violence that occurred during the crime. If you have been charged with a criminal offense you should contact a White Plains law office to verify criminal law information pertaining to your individual case.
Once the grade of the misdemeanor or felony is established and deemed violent or nonviolent, the next step in criminal law sentencing is to review the criminal history of the accused. There are three categories when it comes to criminal history:
- No Priors: individual has no criminal convictions ever or within last ten years
- Predicate: accused has been convicted for a crime in last ten years (violent and/or nonviolent)
- Persistent Felony Offender: individual has two or more convictions in the past
If an individual has never been convicted for a crime or has not had a conviction within the last ten years, they can be sentenced to jail from anywhere between ninety days and twenty-five years depending on the grade of the felony or misdemeanor. A prior record of convictions will lead to a more severe sentence, usually anywhere from two years to 25 years. A persistent felony offender generally faces life in prison. The death sentence is only possible if convicted of a level A felony which includes murder in the first degree.
For criminal law information specific to your case you should contact a criminal defense attorney as soon as possible.
