New York Criminal Basics:  Sentencing in Criminal Convictions

In General in New York, a criminal prosecution considered over, as far as the defendant is concerned, when either the Judge or Jury declares that he is not guilty, at which time he "walks" and is released from all culpability.  Or, can be over when he is found guilty of the crime and is sentenced by the judge and receives the determination of punishment for his violation of the law, as we will detail below. This stage of the proceeding in New York Criminal Matters often called the "sentencing phase." It is irrelevant whether the defendant pled guilty to a lesser charge, i.e., as the result of plea bargaining, which is most often the case in NY courts, or if he was convicted after trial.  Sentencing can include one or more of the following:

• The defendant has to pay fine and surcharge, which in New York can be very stiff for criminal matters
• The defendant is sentenced to jail (under 1 year in county jail is "jail") or over 1 year is in State NY State Prison
• The Defendant is ordered to make restitution for anything he damages or stole during the crime

We handle arraignments in NY City Criminal Courts and in Brooklyn, Queens, Bronx, Nassau and Suffolk, Westchester, Rockland, Orange Counties, to name a few.

Types of Criminal Sentences in New York

In New York,  the punishment usually fights the severity of the crime one is committed of, for example:

• Being fined. In NY this is the most common punishment for violating a misdemeanor or a violation as it is called in New York Criminal Courts. An example of a misdemeanor in NY would be harassment, drunk driving DWI, shoplifting.  An example of a violation is disorderly conduct, Penal Code 240.20.
• Being jailed.  This is the typical sentence in NY criminal courts when there are aggravating circumstances or when there is a serious crime or prior criminal record involved.
• Death. This is the ultimate punishment obviously, and it is reserved for the most serious crimes, like treason and murder.  In 2004, the New York Court of Appeals held that a portion of the state's death penalty law was unconstitutional. In 2007, they ruled that their prior holding applied to the last remaining person on the state's death row. The legislature has voted down attempts to restore the statute.
• Being ordered to pay restitution. As we mentioned above, being order to pay back what was damaged or stolen in New York.
• Being ordered to Probation a requirement that you report regularly to a probation officer to check on your progress. Parole is similar, in that after being released from NY State Prison, you must meet with a parole officer, and if you do not,  you may be sent back to jail to finish your sentence
• Various other sentences include. Sheriff's work release- picking up garbage and community service - where you have to pick-up trash along a highway, or there is also being ordered to be house arrest, which means typically that you cannot go beyond 200 feet of your house, or the completion of drug and alcohol abuse program. 

Who In New York Courts will Decide the criminal Sentence and when does this happen?

In New York, as a general rule, the criminal court judge decides the punishment.  In NY juries typically don't decide the sentence. However, there is one an exception when it comes to capital cases - when the death penalty is possible in Federal Courts although there is currently no death penalty in NY.

Schedule detailing possible Jail Time for Violations Convicted of in New York.