All felonies are considered as being a crime of “high seriousness” and our legal code describes felonies as crimes “punishable by death or imprisonment in excess of a year”. It is a challenging battle to get felony charges in New York lowered, which is why it is imperative to have a skilled criminal defense attorney on your side. New York organizes felonies into six different classes, from Class E, the least serious, to Class A, the most serious. Class A felonies are divided into two subcategories: Class A-I and Class A-II, each involving different crimes and sentencing.
With such a vast array of felony classes, it’s not surprising that New York’s felony sentencing laws are intricate and based on many factors. However, there are two types of sentencing you’ll want to be familiar with: indeterminate and determinate.
When a court sentences someone to an indeterminate sentence, it means you have a sentence range of a minimum and maximum incarceration period. Courts typically label indeterminate sentences for nonviolent felonies. Once a person serves the minimum amount under the sentence, he or she becomes qualified for parole. If the convicted person is denied parole, he or she will serve no more than the maximum sentence enforced by the court. There are various indeterminate sentences for each class of felony offense.
A determinate sentence is a fixed period of years, and does not involve a range. For violent felonies, felonies involving drugs, and felonies where the defendant has been convicted of a prior violent felony, New York courts typically impose a determinate sentence. Once a court has determined sentence, the person convicted has to serve a specific number of years in prison.
Choose Hillman Law to Defend Your Felony Charges
If you are convicted of a felony offense in New York, you face the possibility of years in prison, and large fines that can impact you and your family’s financial well being. Your first action should be to contact a criminal defense attorney in the Columbia County area. At Hillman Law, we understand how important it is to build a strong defense against the charges you’ve been accused of. We fight passionately for your rights to ensure you get the best outcome possible.