Once the defendant is found guilty on felony charges by the jury, the defendant’s individual profile will then be assessed by the Judge to determine sentencing. In order to determine which type of sentence the defendant shall receive, the Judge must consider several conditions before sentencing, such as: what the crime is, whether the crime that was committed is violent or nonviolent as designated by the New York Penal law, and the defendant’s criminal history. In New York State, felony sentencing on incarceration is made in accordance with determinant and indeterminate sentence statues.
Determinate sentencing refers to a sentence of imprisonment in which a convicted defendant is given a fixed term of punishment for a criminal offense. New York mostly issues determinate sentencing for non-violent crimes such as fraud.
On the other hand, indeterminate sentencing is the prison term imposed after conviction for a crime but does not state specifically how long the defendant will be incarcerated or when the release date would be. The purpose of indeterminate sentencing is to prevent the defendant from violent behavior while incarcerated by giving them the power to determine his/her release date. When the Judge imposes an indeterminate sentencing, he/she cannot go above or below the sentencing guidelines.
If you are currently being charged with a felony in New York, call our office at (212) 577-6677 to get professional legal assistance.