Long Island Criminal Defense

Long Island Criminal Law Firm

Regardless of the way a sentencing judge declares a conviction, either via a guilty plea, a jury verdict or plea bargain, the sentencing portion of the Long Island criminal defense process holds the future for the defendant. This usually occurs quickly after an infraction or misdemeanor conviction, however, for more complicated criminal cases, the sentencing judge confers with counsel from both sides before a decision is reached.

Long Island Criminal Defense Laws

There are several modes of punishment for a criminal defendant:

• Monetary fines
• Long-term imprisonment
• Short-term imprisonment
• Probation
• Suspended sentence – occurs if defendant violates probation or other special circumstances
• Financial reparations made to crime victim
• Community service
• Substance abuse rehabilitation if applicable

Before the sentencing judge reaches his decision he will consider external factors, Long Island criminal laws, and any criminal statutes that may apply such as:

Factors Influencing The Sentence

• Criminal history of defendant
• Attributes of the crime
• Method of the committed crime
• If the defendant acted as accessory or primary offender of the crime
• If the defendant was under serious personal stress
• Affect on victim
• If the defendant was unusually malicious or aggressive
• The defendant’s financial, societal and personal conditions
• The degree of self-reproach demonstrated by defendant

“Three Strikes” Criminal Defense Laws in Long Island

The Violent Crime Control and Law Enforcement Act of 1994 offers the “Three Strikes” statute which gives mandatory life imprisonment if a convicted felon is convicted in a federal court of law of what’s deemed as a “serious violent felony” and has more than two previous convictions in either state court or federal court. One of these two previous convictions must be classified as a “serious violent felony” and the other one a drug offense of also a serious nature.

The statute explains a serious violent felony to include:

• Sex offenses
• Manslaughter
• Murder
• Kidnapping
• Robbery
• Any type of offense that requires a ten year or more punishment and includes use of force or significant risk of force

Sentencing guidelines are complex for the lay-person. It is important for you to understand your options if you are convicted of a criminal offense and fully understand Long Island criminal law. A Long Island criminal defense attorney, well versed in sentencing guidelines, will provide simple explanations on the dynamics of the sentencing process.

If you have any questions about sentencing guidelines, call us anytime, any day at (516) 535-3333, or email us your question using our convenient web contact form.