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Roger
Roger, Attorney
Category: Legal
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Experience:  Litigation Attorney
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i was convited of second degree assault and sentenced to five

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i was convited of second degree assault and sentenced to five years in prison and five years post release. i have been on parole now for 4 years and my parole officer is saying that there is no way for me to be released early. i have never been violated. i was also under the asumption that the maxamium time on a class d felony was seven years. with my five years in prision i was under the assumption that i would be releast from parole after two years.
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.

In New York, the sentence for Class D felony offenses is 2 to 7 years. The minimum and maximum sentence for felony offenses can be enhanced for any crime of a violent nature or one with aggravated circumstances, and reduced for mitigating circumstances. When determining a sentence the court takes into account the nature of the crime and the character and history of the offender.

 

It is possible that your sentence was enhanced for some reason. The most common enhancement is being a repeat offender or one of the following:

 

  • Persons convicted of Class D felony domestic violence will face a term of at least three years but not more than 7 years.
  • An attempt to commit a Class C felony will result in a sentence enhancement of two to 8 years.
  • A prior conviction of a violent offense will cause the presumptive term to be enhanced to at least five years but not more than 7 years.
  • A persistent violent offender having two or more violent felony convictions will serve at least six years but not more than 25 year in prison.
  • A prior non-violent felony conviction will enhance the presumptive term to at least four years but not more than 7 years.

http://www.superpages.com/supertips/class-d-felony.html

Customer: replied 3 years ago.
i was convicted of a previous volent felony. but what i really need an answer to is i have been on parole and in prison for over the maxamium seven years. how can the continue to keep me on parole.
Expert:  Roger replied 3 years ago.
This can happen because you're a repeat offender. Under NY law, the sentence enhancement is 2-7 years (see above). This means that the maximum sentence you could have received for your Class D Felony was 14 years. Thus, a sentence of 5 years, 5 post release supervision is within the term you could have received.
Customer: replied 3 years ago.
so there is no way i can get off of parole early
Expert:  Roger replied 3 years ago.

Early release is not prohibited under NY law. However, it is only available under certain circumstances (https://www.parole.state.ny.us/intro_handbook.html - see #27).

 

It is not likely that you're eligible since you're a repeat offender.

Roger, Attorney
Category: Legal
Satisfied Customers: 26143
Experience: Litigation Attorney
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