Understanding Violent and Nonviolent Felony Sentencing

These flashcards cover key concepts and terms related to felony sentencing, distinctions between violent and nonviolent felonies, and procedural aspects of the legal system discussed in the lecture.

What is the difference between violent and nonviolent felonies according to the lecture?

Violent felonies involve physical harm or threat to another person, while nonviolent felonies do not involve violence.

What is the sentencing range for a B violent felony?

The sentencing range is anywhere from 5 to 25 years.

What does 'predicative felony' mean?

A predicative felony refers to a prior felony that impacts the sentencing guidelines for subsequent felonies.

What happens if someone has a prior felony conviction within the last ten years?

They face enhanced sentencing for their current felony conviction.

What are the minimum and maximum sentences for a D violent felony?

The minimum is 2 years and the maximum is 7 years.

How does prior felony status affect sentencing for a nonviolent felony?

If the individual is a first-time felon, they face a lower range of sentencing compared to someone with prior felony convictions.

What is meant by 'concurrent' versus 'consecutive' sentences?

Concurrent sentences are served at the same time, while consecutive sentences are served one after the other.

What does the term 'recidivist' refer to?

A recidivist is an individual who has previously been convicted of a crime and continues to commit offenses.

What does 'mandatory sentencing' imply for violent felonies?

Mandatory sentencing implies that there are set minimum sentences that must be imposed for certain violent felonies.

In New York, what is the ready for trial time limit for regular felonies (excluding homicide)?

The limit is six months.

What is the significance of having a felony conviction from another state?

A felony conviction from another state can impact sentencing if it is considered similar to a felony in New York.

What is the penalty for a persistent felony offender?

A persistent felony offender may face a severe penalty, potentially leading to life imprisonment.

What role does the concept of deterrence play in sentencing?

The purpose of deterrence is to discourage individuals from committing further crimes based on the penalties imposed.

How does the lecture describe the conviction process for a defendant?

The conviction process allows a defendant to appeal or file a habeas application if they believe their rights were violated.

What distinguishes a felony from a misdemeanor in terms of statute of limitations?

Felonies generally have a statute of limitations of five years, while misdemeanors have a statute of limitations of two years.

What is the general approach for handling multiple felony convictions?

Convictions can lead to either concurrent or consecutive sentences, depending on the nature and circumstances of the offenses.