Sentencing

After an individual pleads guilty to a criminal charge, or is convicted after trial, the court will usually order a pre-sentence probation report and schedule a sentencing date. Occasionally the court will sentence a defendant the same day of the plea or trial conviction. In Suffolk County, those convicted of a misdemeanor charge may be sentenced to jail, probation, a combination of both jail and probation, a conditional discharge or an unconditional discharge, plus fines and surcharges. The maximum amount of incarceration a judge may impose on an “A” misdemeanor is 1 year. The maximum amount of incarceration a judge may impose on a “B” misdemeanor is 90 days. Most sentences imposed are the result of agreed upon plea bargains between the prosecutor, the defense attorney and the defendant, with the approval of the court. However sentences imposed post trial convictions are not agreed upon, and will be rest entirely in the discretion of the judge overseeing the case and any sentencing guidelines imposed by law.

Convictions for felony crimes are considerably more serious than misdemeanor charges and subject by law to strict sentencing guidelines. Many of the guidelines mandate a minimum amount of jail that is required to be imposed by law upon certain convictions. Felony sentencing guidelines can be very complex depending on the offense and the defendant’s criminal history. When determining a sentence the court will consider the particular crime the defendant is convicted of, whether the crime is classified as violent or nonviolent, whether the defendant is a prior felony offender or is classified as a persistent felony offender, and whether the defendant qualifies and is granted youthful offender status.