| Home |
Criminal
History Categories Below is information on the criminal history category of the accused. It is not always obvious how to classify someone. Here are some guidelines. No Priors - If the person in question has no felony convictions ever, that person obviously qualifies for the "no priors" category. Someone also qualifies for the "no priors" category if he has no felony convictions in the last ten years. The ten years does not begin until the person is released from jail on a previous case. This can get tricky and might require a careful analysis of dates. Youthful Offender findings do not count as prior convictions. Felony convictions in other states, the Federal system, or even other countries can be considered convictions in New York. The determination with respect to non-NY convictions can be extremely complex. Non-Violent Predicate - A non violent predicate is a person who has been convicted of a non violent felony within the last ten years. Violent Predicate - A violent predicate is a person who has been convicted of a violent felony within the last ten years. Persistent Felony Offenders - If a person has two or more felony convictions in his past he may be a persistent felony offender and face LIFE in prison. We do not deal with persistent felony offenders in the sentencing chart that follows. If a person is a persistent felony offender he faces LIFE in prison. That just about sums it up. Juvenile Offender - Children 16 and younger can be prosecuted in adult criminal court for certain very serious crimes. Nevertheless, these children do not face the same jail sentences that adults face. We do not address Juvenile Offender sentences in the chart.
Youthful Offender
- People under 19 years old at the time of the alleged offense are
usually eligible for Youthful Offender Treatment. If a person is found
to be a "Youthful Offender" the person is not considered to be convicted
of a crime by New York State. Also, a Youthful Offender is sentenced
according to different rules from adults. A Youthful Offender can
receive a maximum sentence of 1 1/3 - 4 years in prison. Youthful
Offender treatment does not necessarily prevent the Federal Government
from considering it a conviction for Immigration purposes. Overview Chart
This chart does not cover every situation. It is designed to demonstrate jail time exposure under NYS sentencing guidelines. 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.
|
| Copyright 2004 Suffolk County District Attorney |