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Sentencing Chart
 
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Important

This chart does not cover every possible situation and is not presented as a substitute for legal advice from a qualified criminal defense attorney.  It is not meant to cover every possible situation.  It is designed to demonstrate jail time exposure under New York State sentencing guidelines current as of 2001.

It is NOT a complete sentencing chart.  It does not include any discussion of parole or post release supervision.  It does not include Youthful Offender or Juvenile Offender guidelines.  It does not include Persistent Felon guidelines.  Furthermore, it does not include some rarely used theoretical exceptions to some of the guidelines listed below.  In short, this chart is not a substitute for having a real live qualified experienced criminal defense attorney consult with you.

 

 

No Priors

Non Violent Predicate

Violent Predicate

B Violent Felony

Lowest: 5 years in prison

Highest: 25 years in prison

Lowest: 8 years in prison

Highest: 25 years in prison

 

Lowest: 10 years in prison

Highest: 25 years in prison

 

B Non Violent Felony

Lowest: 1 - 3 years prison

Highest: 81/3- 25 years prison

Lowest: 4 1/2 - 9 years prison

Highest: 12 1/2 - 25 years

Lowest: 4 1/2 - 9 years prison

Highest: 12 1/2 - 25 years

 

C Violent Felony

Lowest: 3 1/2 years in prison

Highest: 15 years in prison

Lowest: 5 years in prison

Highest: 15 years in prison

Lowest: 7 years in prison

Highest: 15 years in prison

C Non Violent Felony

Lowest: No Jail (Probation possible)

Highest: 5 - 15 years in prison

Lowest: 3 - 6 years in prison

Highest: 7 1/2 - 15 years in prison

 

Lowest: 3 - 6 years in prison

Highest: 7 1/2 - 15 years in prison

 

D Violent Felony

Lowest: 2 years in prison

Highest: 7 years in prison

Lowest: 3 years in prison

Highest: 7 years in prison

Lowest: 5 years in prison

Highest: 7 years in prison

D Non Violent Felony

Lowest: No Jail (Probation possible)

Highest: 2 1/3 - 7 years in prison

Lowest: 2 - 4 years in prison

Highest: 3 1/2 - 7 years in prison

Lowest: 2 - 4 years in prison

Highest: 3 1/2 - 7 years in prison

 

E Violent Felony

Lowest: 1 1/2 years in prison

Highest: 4 years in prison

Lowest: 2 years in prison

Highest: 4 years in prison

Lowest: 3 years in prison

Highest: 4 years in prison

E Non Violent Felony

Lowest: No Jail

Highest: 1 1/3 - 4 years in prison

Lowest: 1 1/2 - 3 years in prison

Highest: 2 - 4 years in prison

Lowest: 1 1/2 - 3 years in prison

Highest: 2 - 4 years in prison

A Misdemeanor

Lowest: No Jail

Highest: 1 year in jail

Lowest: No Jail

Highest: 1 year in jail

Lowest: No Jail

Highest: 1 year in jail

B Misdemeanor

Lowest: No Jail

Highest: 90 days in jail

Lowest: No Jail

Highest: 90 days in jail

Lowest: No Jail

Highest: 90 days in jail

Violation

Lowest: No Jail

Highest: 15 days in jail

Lowest: No Jail

Highest: 15 days in jail

Lowest: No Jail

Highest: 15 days in jail

 

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