Sentencing in Criminal Procedure

Sentencing Overview

  • Defendants are sentenced by a judge post-conviction, either after a trial verdict or guilty plea (N.Y. Criminal Procedure Law
    \S 380.20).

  • Sentencing must occur without unreasonable delay but can be adjourned for various reasons.

Types of Sentences

  • Options include jail, prison, probation, fines, discharge, or combinations thereof (N.Y. Penal Law
    \S 60.01).

  • Misdemeanor maximums:

    • A misdemeanor: 364 \text{ days}

    • B misdemeanor: 3 \text{ months}

    • Lesser violations: 15 \text{ days}

Statute of Limitations

  • Defines the maximum time period following an alleged crime during which legal proceedings can be initiated (N.Y. Criminal Procedure Law
    \S 30.10).

  • Felonies:

    • Most felonies: 5 \text{ years} from the commission of the offense.

    • Exceptions exist for specific serious felonies (e.g., murder, certain sex offenses, terrorism), which may have longer or no time limits.

  • Misdemeanors:

    • Most misdemeanors (including Class A and B): 2 \text{ years} from the commission of the offense.

  • Violations:

    • Most violations: 1 \text{ year} from the commission of the offense.

  • Tolling Provisions: Certain circumstances, such as a defendant's absence from the state, can 'toll' (pause) the statute of limitations.

Speedy Trial Rights (60 vs 90 Days)

  • Under N.Y. Criminal Procedure Law
    \S 30.30, the prosecution must be ready for trial within specific timeframes, calculated from the commencement of the criminal action.

  • Felonies: 6 \text{ months} (approximately 180 \text{ days}) from the commencement of the action.

  • Class A Misdemeanors: 90 \text{ days} from the commencement of the action.

  • Class B Misdemeanors: 60 \text{ days} from the commencement of the action.

  • Violations: 30 \text{ days} from the commencement of the action.

  • Certain periods are excludable from this calculation, such as delays attributable to the defense or court congestion.

Concurrent vs. Consecutive Sentences

  • When a defendant is convicted of multiple offenses, the judge determines whether sentences are served concurrently or consecutively (N.Y. Penal Law
    \S 70.25).

  • Concurrent Sentences:

    • Sentences run simultaneously. The defendant serves the longest single sentence imposed.

    • General rule: Sentences must be concurrent if offenses arise from a single act or omission, or from a single incident or transaction, unless a distinct additional injury or risk was caused.

  • Consecutive Sentences:

    • Sentences run one after another, adding up the total time.

    • Can be imposed if the offenses involve separate and distinct acts or if one offense is not a material element of the other.

    • Mandatory consecutive sentences apply in certain situations, such as crimes committed by a person while incarcerated or on parole for another crime.

Here are some questions you can ask about the provided topic:

  • Who sentences defendants in New York and when does it occur?

  • What are the different types of sentences a judge can impose?

  • What are the maximum jail times for Class A and Class B misdemeanors, and lesser violations?

  • What is the statute of limitations and what are the general timeframes for felonies, misdemeanors, and violations?

  • Can the statute of limitations be 'tolled'? If so, under what circumstances?

  • What are the speedy trial timeframes for the prosecution to be ready for trial, specifically for felonies, Class A misdemeanors, Class B misdemeanors, and violations?

  • What types of delays are excluded from the speedy trial calculation?

  • Explain the difference between concurrent and consecutive sentences.

  • Under what conditions are sentences typically concurrent?

  • When can consecutive sentences be imposed, and are there any situations where they are mandatory?