How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27749
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

How much time would one serve if convicted of attempted burglary

This answer was rated:

How much time would one serve if convicted of attempted burglary and sentenced to 2.5 years and 5 years post release supervision?
Hello jacustomer,

On a determinate sentence you serve 6/7 of the time before you get to your conditional release date. So you'd do 25 3/4 months before you'd be released and start your post release supervision.
Customer: replied 4 years ago.

What is a determinate sentence? My friend, who has no priors, was charged with attempted burglary. Before going for the pre-sentencing interview, he was told his sentence would be 2.5 years plus 5 years post release supervision. Are you saying that he would more than likely do 25 months?

Hello Tee,

New York has both determinate and indeterminate sentences. Non-violent cases are indeterminate: someone can get sentenced to 1 - 3 years of jail, for example. Violent cases have a flat sentence.

Non violent offenders become eligible for parole when they serve 1/3 of their maximum sentence. If they are turned down for parole they must be released after 2/3 of the max. The remaining 1/3 is their "good time" credit.

Violent offenses are a different story. There's no early release program for the violent felony offenders. They must all do 6/7 of the full sentence, and then they get paroled. The remaining 1/7 is their "good time" credit.
Zoey_ JD and other Criminal Law Specialists are ready to help you