State Specific-NY

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State Specific-NY

New York has complicated sentencing guidelines for felony convictions. Prison sentences and other penalties depend on several factors, including the nature of the crime and the defendant's criminal history. Use this resource to learn more. 

State Specific - NY - The criminal justice process is complex, and often can be confusing to persons not familiar with criminal law.  This arrest-to-sentence guide and legal glossary are designed to explain and clarify the criminal justice process in New York County.

If the defendant is convicted in a criminal case, the judge will set a date for sentencing. Before that time, a pre-sentence investigation will take place to help the judge determine the appropriate sentence from the range of possible sentences set out in the statutes. The pre-sentence investigation may consider the defendant's prior criminal record, family situation, health, work record, and any other relevant factor.

Besides direct consequences that can include jail time, fines, and treatment, a criminal conviction can trigger many consequences outside of the criminal court system. These consequences can affect your current job, future job opportunities, housing choices, immigration status, etc.

A criminal sentence refers to the formal legal consequences associated with a conviction. Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, life-in-prison, or the death penalty in capital murder cases.

A sentence is an official punishment handed down by a judge to someone who has been convicted of a crime. Not all sentences involve prison time. Defendants can also be sentenced to probation and ordered to pay a fine. Many times, defendants will get sentenced to a little (or a lot) of all of the above: They serve time in prison, have to report to a probation officer after they get out, and must pay money to the government (fines) and to their victims (restitution).

If you are found guilty or plead guilty, you will get your punishment from the judge. This is called sentencing. For violations and minor misdemeanor cases you may be sentenced right away. Where the possibility of prison time exists, you will most likely get a date a few weeks away for a sentencing hearing.

Federal Specific - A general description of what happens in a federal criminal case.

General - This is an outline of the course a criminal case involving a felony, such as rape, follows through the court systems. Although you, as a witness, are not involved at every step, it can help you understand your role and the way the criminal justice system works by reviewing this information.