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Katherine K
Katherine K, Lawyer
Category: Criminal Law
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If charged with a class e felony in New York Statefor ...

Resolved Question:

If charged with a class e felony in New York Statefor sale of marijuna and it''s the first offense what type of sentence to expect?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Katherine K replied 8 years ago.

HiCustomer

Under New York law § 70.70. Sentence of imprisonment for felony drug offender other than a class A felony (in part):

2. Except as provided in subdivision three or four of this section, a sentence of imprisonment for a felony drug offender shall be a determinate sentence as provided in paragraph (a) of this subdivision.

(a) Term of determinate sentence. Except as provided in paragraph (b) or (c) of this subdivision, the court shall impose a determinate term of imprisonment upon a felony drug offender which shall be imposed by the court in whole or half years, which shall include as a part thereof a period of post-release supervision in accordance with section 70.45 of this article. The terms of imprisonment authorized for such determinate sentences are as follows:
(i) for a class B felony, the term shall be at least one year and shall not exceed nine years, except that for the class B felony of criminal sale of a controlled substance in or near school grounds as defined in subdivision two of section 220.44 of this chapter or on a school bus as defined in subdivision seventeen of section 220.00 of this chapter, the term shall be at least two years and shall not exceed nine years;
(ii) for a class C felony, the term shall be at least one year and shall not exceed five and one-half years;
(iii) for a class D felony, the term shall be at least one year and shall not exceed two and one-half years; and
(iv) for a class E felony, the term shall be at least one year and shall not exceed one and one-half years.

(b) Probation. Notwithstanding any other provision of law, the court may sentence a defendant convicted of a class B, class C, class D or class E felony offense defined in article two hundred twenty or two hundred twenty-one of this chapter to probation in accordance with the provisions of section 65.00 of this chapter.

(c) Alternative definite sentence for class C, class D, and class E felonies. If the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose a determinate sentence upon a person convicted of a class C, class D or class E felony offense defined in article two hundred twenty or two hundred twenty-one of this chapter, the court may impose a definite sentence of imprisonment and fix a term of one year or less.

 

I hope that helps. Please let me know if you have additional questions.

Sincerely,
Katherine

Customer: replied 8 years ago.
Reply to Katherine K's Post: Is the maximum sentence always applied to first offense convictions or is it played down to a lower offense?
Expert:  Katherine K replied 8 years ago.

Hi,

It would be unlikely that you would get the maximum. For instance, take a look at People v. Wood, 277 A.D.2d 515, where the defendant pled guilty to criminal sale of marijuana pursuant to a plea bargain in which the State would recommend a four-month sentence and restitution. The trial court sentenced him to five years' probation, 120 days in jail, the agreed-upon restitution and 50 hours of community service.

This is just an example, and I am not even sure if this was his first conviction.

That said, I would recommend hiring a criminal law attorney to ensure that you get the best defense.

Thanks,

Katherine

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