We will always work to find innovative ways to reduce sentences and push for alternatives to jail time (paying fines, restitution, drug programs, community services, diversion programs and rehabilitation programs). We are also be skilled negotiators and have a very thorough understanding of sentencing guidelines and standards in New York.
Sentencing guidelines and standards involve plea-bargaining, paying fines, community service, electronic monitoring, prison terms, probation, and alternative sentencing programs (drug and alcohol rehabilitation, and more. However, it depends if you were convicted of something like involuntary manslaughter or undergoing federal sentencing in credit card fraud cases or any other type felony or misdemeanor crime.
During the sentencing phase of a case, the court determines the appropriate punishment for the convicted defendant. In determining a appropriate sentence, the court will consider a number of factors, including the nature and severity of the crime, the defendant’s criminal history, the defendant’s personal circumstances and the degree of remorse felt by the defendant. There are many mitigating factors (details that call for a more lenient sentence) or aggravating factors (which require more severe punishment) that influence a judge when he or she determines what penalty is appropriate or how long you will be in jail. Some factors are: Were you the mastermind or just a helper in committing the crime? Do you have prior criminal record or history? Were there any outside pressures on you to commit the crime? Was anyone hurt during the crime?
Some people feel they have unfair sentencing or unjust sentencing based on their circumstances.The criminal sentencing guidelines vary from state to state for violent crimes (i.e. sentencing for involuntary manslaughter), property crimes or white collar crimes (i.e. federal sentencing credit card fraud).
If your NY criminal sentencing report gives sentencing recommendations or you need to review criminal sentencing, discuss sentencing and sanctions and sentencing standards with your lawyer.
Here are some New York felony class crimes:
- A1 Felonies
- A2 Felonies
- B violent felonies
- B non-violent felonies
- C violent felonies
- C non-violent felonies
- D violent felonies
- D non-violent felonies
- E felonies
- A misdemeanors
- B misdemeanors
- Violations
Examples of Sentencing: Sanctions and Standards
Here are some examples of sentencing and sanctions and sentencing standards for the following:
Sentencing for Involuntary Manslaughter
A person is charged with involuntary manslaughter when someone dies as a result of criminal negligence or recklessness, even though there was no intention to kill. Recklessness is when a person has a total disregard for the safety of others and that lead to the death of the other person or persons. Negligence is defined as a person acting with carelessness or lack of attention that causes harm to another person or persons.
The sentencing for involuntary manslaughter varies from state to state. The court will consider aggravating and mitigating circumstances (i.e.more than one death). Generally, the it carries a less severe penalty than homicide or murder and in specific instances, involuntary manslaughter is not considered a felony, but rather a misdemeanor. Most of the time, a manslaughter conviction carries jail time and a fine.
Federal Sentencing for Credit Card Fraud
If someone is convicted of credit card fraud. they have been found guilty of unauthorized use of someone else’s credit card (either by using a scanning device to access, read, memorize, obtain or store information). It is also credit card fraud if a person attempts to keep information with intent to use it at a later date to defraud another person, business, or banking company. The sentencing and sanctions and sentencing standards for credit card fraud varies depending on whether it is a felony or misdemeanor offense (see link below for specifics).
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