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Expertise

Sentencing Chart

This chart describes certain prison sentences authorized for those convicted of certain crimes in New York state. (For more on the Federal Sentencing Guidelines, click here). It is not comprehensive, entirely accurate, or a substitute for the advice of a New York State licensed attorney. This chart is a gloss on the state of the sentencing law at the time it was made. If you have been charged with a crime and are seeking to determine your exposure, you should not rely on this chart in any way, but should instead seek the advice of a New York State licensed attorney.

The first step in determining what your sentence may be is your sentencing status based on your criminal history (if any). Depending on your criminal history, you may be adjudicated a second felony offender, a second violent felony offender, or a persistent felony offender. There are also separately-defined sentencing statuses for “major traffickers” and other drug offenders.

Unless otherwise specified, the terms followed by numbers refer to years in prison. All references in the right column refer to the New York State Penal Law. The drug offenses in the chart reflect the law as it will be as of November 1, 2009. Penalties for drug offenses may be different from those listed in the chart if the conviction is before that date.

MINIMUMMAXIMUMPL SECTIONS
Class A-1 Felony (Non-Drug)
Murder 1
No Record Considerations20 years to life imprisonmentLife imprisonment60.06, 70.00(3)(a)(i), 125.27
Murder 2
No Record Considerations20 years to life imprisonmentLife without parole125.25(5), 60.06, 70.00
Terrorism, Criminal Possession/Use of Chemical or Biological Weapon
No Record ConsiderationsLife without paroleLife without parole60.06, 490.25, 490.45, 490.55
Other A-1 Felonies
No Record Considerations15 - 25 Years25 years to life imprisonment70.00(2)(a), (3)(a)(i)
Class A-2 Felony (Non-Drug)
Predatory Sexual Assault or Predatory Sexual Assault Against a Child
No prior felonies10 - 20 yearsLife imprisonment130.95, 130.96, 70.00(3)(a)(ii)
Second felony offender15 yearsLife imprisonment130.95, 130.96, 70.00(3)(a)(ii)
Persistent felony offender25 yearsLife imprisonment130.95, 130.96, 70.00(3)(a)(ii)
Class B Felony (Violent)
No prior felonies5 determinate25 determinate70.02(1)(a), 70.02(3)
Second felony offender8 determinate25 determinate70.06(6)
Second violent felony offender10 determinate25 determinate70.04(3)
Class B Felony (Non-Drug, Non-Violent)
No prior felonies1 - 3 years8.33 - 25 years70.00(2)(b)
Second felony offender4.5 - 13.5 years8.33 - 25 years70.06(4)(b)
Class C Felony (Violent)
No prior felonies3.5 determinate15 determinate70.02(1)(b)
Second felony offender5 determinate15 determinate70.06(6)
Second violent felony offender7 determinate15 determinate70.04(3)
Class C Felony (Non-Drug Non-Violent)
No prior felonies1 - 3 years5 - 15 years70.00(2)(c)
Second felony offender5 determinate15 determinate70.06(6)
Class D Felony (Violent)
No prior felonies2 determinate7 determinate70.02(1)(c)
Second felony offender3 determinate7 determinate70.06(6)
Second violent felony offender5 determinate7 determinate70.04(3)
Class D Felony (Non-Drug Non-Violent)
No prior felonies1 - 2.5 years3 - 7 years55.05(1)
Second felony offender2 - 3.5 years4 - 7 years70.06(4)(b)
Class E Felony (Violent)
No prior felonies1.5 determinate4 determinate70.02(1)(d)
Second felony offender1.5 years4 years70.06(4)(b)
Second violent felony offender2 years4 years70.06(6)
Class E Felony (Non-Drug Non-Violent)
No prior felonies1 - 3 years1.33 - 4 years55.05(1)
Second felony offender2 determinate4 determinate70.06(6)
Drug Felony (Class A)
First felony drug offender (A-I)8 determinate20 determinate70.71(2)(b)
First felony drug offender (A-II)Lifetime probation10 determinate70.71(2)(b)(ii), 70.71(c)
Second felony drug offender (A-I)12 determinate24 determinate70.71(3)(b)(i)
Second felony drug offender (A-II)6 determinate14 determinate70.71(3)(b)(ii)
Second felony drug offender (Violent)(A-I)15 determinate30 determinate70.71(4)(b)(i)
Second felony drug offender (Violent)(A-II)8 determinate17 determinate70.71(4)(b)(ii)
Major Trafficker15 - 25 years25 years to life imprisonment70.71(5), 70.00(2)(a)
Drug Felony (other than Class A)
First felony drug offenderProbation9 determinate70.70, 65.00, 60.04
Second felony drug offender (B)Lifetime probation12 determinate70.70, 65.00, 60.04
Second felony drug offender (C)Probation8 determinate70.70, 65.00, 60.04
Second felony drug offender (D)Probation4 determinate70.70, 65.00, 60.04
Second felony drug offender (E)Probation2 determinate70.70, 65.00, 60.04
Second felony drug offender (Violent)(B)6 determinate15 determinate70.70, 400.21
Second felony drug offender (Violent)(C)3.5 determinate9 determinate70.70, 400.21
Second felony drug offender (Violent)(D)2.5 determinate4.5 determinate70.70, 400.21
Second felony drug offender (Violent)(D)2 determinate2.5 determinate70.70, 400.21
Class A Misdemeanor
No record considerationsConditional discharge1 year determinate70.15(2), 85.00(2)(a)
Class B Misdemeanor
No record considerationsConditional discharge6 months determinate70.15(1), 85.00(2)(a), (3)
Unclassified Misdemeanor
No record considerationsSpecified in lawSpecified in law
Unclassified Misdemeanor
No record considerationsConditional discharge1 year determinate55.10.(2)(b)
Violation
No record considerationsConditional discharge15 days' jail determinate55.10(3), 70.15(4), 85.00(2)(a), (3)
Marijuana Violation
First offenseFine$100 fine221.05
Second offense (within 3 years)Fine$200 fine221.05
Third offense (within 3 years)Fine15 days' jail221.05
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