Below is a guide to assist you in understanding New York State’s complicated sentencing guidelines. Drug offenses have their own sentencing guidelines and are included in a separate section. Be advised that while we make every effort to update this web page, laws are constantly changing and this page may not have the most up to date sentencing information. This information cannot substitute for an actual consultation with a criminal defense attorney. All prison terms are represented in years, unless otherwise specified.

Offense Level Clean Criminal Record Prison Term Non Violent Predicate Prison Term Violent Predicate Prison Term
B Violent Felony Minimum: 5
Maximum: 25
Minimum: 8
Maximum: 25
Minimum: 10
Maximum: 25
B Non Violent Felony Minimum: 1- 3
Maximum: 8 1/3 to 25
Minimum: 4 1/2 to 9
Maximum: 12 1/2 to 25
Minimum: 4 1/2 to 9
Maximum: 12 1/2 to 25
C Violent Felony Minimum: 3 1/2
Maximum: 15
Minimum: 5
Maximum: 15
Minimum: 7
Maximum: 15
C Non Violent Felony Minimum: No Jail, possible probation
Maximum: 5-15
Minimum: 3-6
Maximum: 7 1/2 – 15
Minimum: 3-6
Maximum: 7 1/2 to 15
D Violent Felony Minimum: 2
Maximum: 7
Minimum: 3
Maximum: 7
Minimum: 5
Maximum: 7
D Non Violent Minimum: No Jail, possible probation
Maximum: 2 1/3 -7
Minimum: 2-4
Maximum: 3 1/2 – 7
Minimum: 2-4
Maximum: 3 1/2 – 7
E Violent Felony Minimum: 1 1/2
Maximum: 4
Minimum: 2
Maximum: 4
Minimum: 3
Maximum: 4
E Non Violent Felony Minimum: No Jail, possible probation
Maximum: 1 1/3 – 4
Minimum: 1 1/2 to 3
Maximum: 2-4
Minimum: 1 1/2 to 3
Maximum: 2-4
A Misdemeanor Minimum: No Jail, possible probation
Maximum: 1 Year
Minimum: No Jail, possible probation
Maximum: 1 Year
Minimum: No Jail, possible probation
Maximum: 1 Year
B Misdemeanor Minimum: No Jail, possible probation
Maximum: 90 days
Minimum: No Jail, possible probation
Maximum: 90 days
Minimum: No Jail, possible probation
Maximum: 90 days
Violation Minimum: No Jail
Maximum: 15 days
Minimum: No Jail
Maximum: 15 days
Minimum: No Jail
Maximum: 15 days

PLEASE NOTE: This chart does not include New York State Felony Drug Offenses. It does not include post release supervision, parole, youthful offender or juvenile offender guidelines. And does not discuss Persistent Felony Offenders. This chart is not a substitute for a consultation with an actual attorney and while every effort has been made to ensure its accuracy, we recommend contact an experienced criminal defense attorney to discuss your specific needs. Mazzei & Polk, LLC can be reached at (516) 280-9035.

Terms

Clean Record: Someone with a clean record is someone who has no prior convictions on their record. For purposes of the above sentencing chart only, it will also include people who only have misdemeanor convictions and people who’s felony convictions were more than ten years ago (not including any prison or jail time served during that period). This may include federal convictions and out of state convictions.

Non Violent Predicate: Someone who has been convicted of a felony offense that is classified as non-violent, within the last ten years.

Violent Predicate: Someone who has been convicted of a felony offense that is classified as violent, within the last ten years.

Persistent Felony Offender: Someone who has two or more felony convictions may be considered a Persistent Felony Offender. The important thing to note about being designated a Persistent Felony Offender is that you may face LIFE IN PRISON.

Juvenile offender: Someone who is 16 or younger may be prosecuted as an adult in criminal court for certain serious crimes. This people do not face the same sentencing consequences as adults face.

Youthful Offender: Someone who is under 19 years old at the time of the offense may be eligible to be adjudicated a youthful offender. If a person is adjudicated a youthful offender, it is not considered a conviction in New York State. This does not mean that the Federal government won’t consider it to be a conviction for purposes such as military service or immigration matters. Youthful offenders are treated differently when it comes to sentencing. The maximum sentence that a youthful offender may face on a felony is 1 1/3 to 4 years in prison.