Crime & Punishment | Michael Franzese, Criminal Defense Attorney
There are 329 million, 360 thousand, and 804 people living in the United States currently, and by the time this sentence is completely written, there will be two more added to the total. According to the United States Census Bureau’s data, there is one birth every nine seconds. That’s a lot of babies being born, and a lot of people. And for the most part we all get along, play well in the sand box together, and do no harm to one another. But yes, that’s a lot of people, and statistics dictate that there will be some who brazenly disobey the laws put forth by our governing bodies, and there will be some who make mistakes or have momentary lapses in good judgment and break the law, and there are some who unknowingly break laws. But laws are in place for a reason, and regardless of whether the offender is a hardened individual with no respect for the rule of law or whether they’re essentially a good person who has made a mistake they regret, the law doesn’t care. The law only cares about being followed, so regardless of why the law was broken—there are always consequences.
State of NY | Criminal Case Overview
In the great state of NY, legislators have crafted a system of laws that seek to protect the rights of all New Yorkers. And in such a populous state, the laws are continually being amended and improved to ensure fairness and equality for all citizens. While it would be great if crime didn’t exist, it certainly does in NY and every other state in our United States of America, and across the globe. And in NY state those crimes, which are violations of the New York State Penal Code, are divided into three basic categories, and they are: Violations, Misdemeanors, and Felonies.
Violations are minor infractions that do not rise to the level of misdemeanor or felony in the eyes of the court. They are not considered to be a crime and are punishable by up to 15 days in jail, no more.
We’re getting more serious with the category of ‘misdemeanor.’ Misdemeanors are certainly more than violations but are decidedly less serious than felonies. The state of NY categorizes misdemeanors by groups; there are three groups: Class A, Class B, and Unclassified. Let’s consider the possible punishments for each:
One (1) year in jail (maximum punishment)
Three (3) months in jail (maximum punishment)
Typically, three (3) years of probation, although there are certainly variations and exceptions, for example, a DWI Unclassified Misdemeanor could be punishable by up to one (1) year in jail
For a detailed explanation of how a misdemeanor conviction could affect you, consult with an experienced criminal defense attorney in Mineola, NY or Central Islip, NY.
Felonies are more severe crimes, such as murder, rape, armed robbery, and arson. Felony convictions are to be feared and punishments can be harsh. As with misdemeanors, felonies are divided into categories. Felonies are classified by the severity of the crimes and are grouped as follows: A-I or A-II, B, C, D, and E. Let’s look at the potential penalties.
Life in prison (maximum punishment)
Life in prison (maximum punishment)
Twenty-five (25) years in jail (maximum punishment)
Fifteen (15) years in jail (maximum punishment)
Seven (7) years in jail (maximum punishment)
Four (4) years in jail (maximum punishment)
The differences between what puts your offense into one class or another can sometimes be subtle, but as you can see the maximum punishments are no joke, so you need to consult with an experienced criminal defense attorney in Mineola, NY or Central Islip, NY to ensure that you know what you’re up against. You simply must have someone on your team who is skilled in fighting felony charges.
Violent Felonies and Non-Violent Felonies
Whether someone is charged with a violent felony or non-violent felony can sometimes depend on interpretations of the law and circumstances; there is no exact equation that can be used to determine classification. But the punishments handed down can be markedly different and as such you should seek experienced counsel from your criminal defense attorney in Mineola, NY or Central Islip, NY, because you don’t want to take your chances and simply see where the cards fall. You want to work with a criminal defense attorney who understands the justice system and knows how to negotiate with judges and prosecutors to get your charges reduced down to the lowest charges possible. The punishments for violent felonies are usually for a fixed time period, while punishments for non-violent felonies are typically for a range of time, assuming it is the offender’s first felony conviction. And in most cases, after the minimum sentence is served, an individual then becomes eligible for parole.
Safeguarding Your Interests In New York Criminal Courts
Don’t speak to authorities until you have spoken to Michael R. Franzese. Don’t allow yourself to be defined by the charges against you. Don’t surrender to harsh penalties without a fight.
Experienced Former Prosecutor Serving Nassau County And Long Island Clients
Were your rights violated by a warrant-less search of your home or motor vehicle? Are the violent crime charges against you the result of self-defense? Is a business partner’s vendetta against you the reason you were investigated for a financial crime?
Learn more about lawyer Michael R. Franzese and schedule your initial consultation — by contacting us.
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