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CRIMINAL MATTERS
DWI
REAL ESTATE
MILITARY
CRIMINAL LAW
If you have been arrested, accused of a crime or if you have reason to believe you’re being investigated for a crime you should immediately hire an experienced criminal law attorney – this is your best chance for freedom. Being charged with a crime is a most serious matter and consequences can include some or all of the following:
  • imprisonment
  • mandatory relevant treatment
  • fines
  • probation
  • loss of important rights and privileges
One of the major difficulties in understanding the criminal judicial process is being knowledgeable about all of the legal jargon associated with criminal court appearances. Not only can I put this jargon into understandable language for you, but I will aggressively represent you throughout the entire criminal judicial process. The possibility of imprisonment is a scary and nerve wracking situation. I have the compassion to work with you through what will be a challenging and difficult time and the dogged determination to fight aggressively and thoroughly on your behalf. I will be on the offensive in handling your case.

Following here is a guide to New York State sentencing in criminal cases. Although this is not a substitute for the knowledge and opinion of a qualified New York criminal defense attorney such as me, it’s a start to understanding the maximum and minimum amounts of jail time faced by an accused. This is often the item of highest interest to the accused as well as the family and friends of the accused. Please keep in mind that sentencing laws are subject to change and thus the information here is meant as a guide and not as a definitive calculation of potential jail time. It is not a complete sentencing chart, does not cover every possible situation and does not apply to felony drug cases.

The Offense Level
  • New York State grades felonies from A to E. A is the most serious and E is the least serious.
  • Each felony is also labeled violent or nonviolent. The rating of violence is often related to actual violence involved in the crime but this is not always the case. If you know the offense level of the crime you are researching, go to Criminal History Level below. You must know both the “grade” and whether or not it is considered violent.
Criminal History Category

The criminal history category of the accused is also necessary to know, but it’s not always obvious how to classify it. Here are some guidelines.
  • No Priors - If the accused has no felony convictions ever, he/she qualifies for the “no priors” category. An accused can also qualify for the “no priors” category if he/she has no felony convictions in the last ten years. The ten years does not begin until the individual in question is released from jail on a previous case. This may require a careful analysis of dates. Youthful Offender findings do not count as prior convictions. Felony convictions in other states, the federal system, or even other countries can be considered conviction in New York State. A determination with respect to non-New York convictions can be extremely complex.
  • Non-Violent Predicate - A non-violent predicate is an individual who has been convicted of a non violent felony within the last ten years.
  • Violent Predicate - A violent predicate is an individual who has been convicted of a violent felony within the last ten years.
  • Persistent Felony Offenders - If an individual has two or more felony convictions in the past he/she may be a persistent felony offender and face LIFE in prison.
  • Juvenile Offender - Children 16 and younger can be prosecuted in adult criminal court for certain serious crimes. Such children do not face the same jail sentences that adults face and are thus not addressed in the chart that follows.
  • Youthful Offender - Individuals under 19 years old at the time of the alleged offense are usually eligible for Youthful Offender Treatment. If the accused is found to be a “Youthful Offender” the individual is not considered to be convicted of a crime by New York State and is sentenced according to different rules from adults.
Chart of Jail Time Faced in New York State

Directions: Find the Offense Level on the left hand column. Then find the criminal history category of the individual who is charged with the crime. The box at the intersection of the row and column provides the jail time range required by New York State law. Please note that Level A felonies are not listed here. Those are the most serious crimes in New York and all carry potential LIFE sentences.

 

No Priors

Non Violent Predicate

Violent Predicate

B Violent Felony

Lowest: 5 yrs. Prison

Highest: 25 yrs. prison

Lowest: 8 yrs. Prison

Highest: 25 yrs.

Lowest: 10 yrs. prison

Highest: 25 yrs.

B Non Violent Felony

Lowest: 1-3 yrs. Prison

Highest: 8⅓-25 yrs. Prison

Lowest: 4 ½-9 yrs. Prison

Highest: 12 ½-9 yrs.

Lowest: 4 ½-9 yrs. Prison

Highest: 12 ½ -9 yrs

C Violent Felony

Lowest: 3 ½ yrs

Highest: 15 yrs

Lowest: 5 yrs.

Highest: 15 yrs.

Lowest: 7 yrs.

Highest: 15 yrs.

C Non Violent Felony

Lowest: No Jail (Probation possible)

Highest: 5-15 yrs.

Lowest: 3-6 yrs.

Highest: 7 ½-16 yrs.

Lowest: 3-6 yrs.

Highest: 7 ½-15 yrs.

D Violent Felony

Lowest: 2 yrs.

Highest: 7 yrs.

Lowest: 3 yrs.

Highest: 7 yrs.

Lowest: 5 yrs.

Highest: 7yrs.

D Non Violent Felony

Lowest: No Jail (Possible probation)

Highest: 2 ⅓-7 yrs.

Lowest: 2-4 yrs.

Highest: 3 ½-7 yrs.

Lowest: 2-4 yrs.

Highest: 3 ½-7 yrs.

E Violent Felony

Lowest: 1 ½ yrs.

Highest: 4 yrs.

Lowest: 2 yrs.

Highest: 4 yrs.

Lowest: 3 yrs.

Highest: 4 yrs.

E Non Violent Felony

Lowest: No Jail

Highest: 1 ⅓-4 yrs.

Lowest: 1 ½-3 yrs.

Highest: 4 yrs.

Lowest: 1 ½-3 yrs.

Highest: 2-4 yrs.

A Misdemeanor

Lowest: No Jail

Highest: 1 yr.

Lowest: No Jail

Highest: 1 yr.

Lowest: No Jail

Highest: 1 yr.

B Misdemeanor

Lowest: No Jail

Highest: 90 days

Lowest: : No Jail

Highest: 90 days

Lowest: : No Jail

Highest: 90 days

Violation

Lowest: : No Jail

Highest: 15 days

Lowest: : No Jail

Highest: 15 days

Lowest: : No Jail

Highest: 15 days


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DWI
When someone is accused of DWI feelings of confusion, anger, disappointment, stress and fear often result. The process of being arrested is a difficult experience, but is just the beginning of the fallout. A DWI or DUI charge can have serious repercussions, such as:
  • expensive fines
  • suspension or loss of license
  • increase in insurance rates
  • cancellation of insurance
  • potential jail time
  • loss of job
If you find yourself in this predicament I will be committed to providing you the highest level legal representation. During the first consultation, I can answer all your questions and provide you a sense of what can happen with your case. I will represent you at every court appearance and aggressively pursue the negotiation of a favorable result.
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REAL ESTATE
When entering into a real estate transaction, it is most often necessary to obtain legal representation to assist with all the legal nuances involved. The buying or selling of property is one of the largest financial commitments most individuals will ever undertake. It can also be one of the most stressful undertakings. Consider the steps involved in a basic real estate transaction:
  • property is listed with a real estate broker or is for sale by owner (FSBO)
  • buyer makes a formal offer, secured by a deposit
  • contract is prepared setting forth the rights and obligations of the buyer and seller
  • contract is reviewed by attorneys
  • negotiation of changes or addendums to contract occurs
  • buyer has home inspected and appropriate environmental tests done
  • title to the property to be sold must be marketable
  • seller must have proof of title to all property involved in the transaction
  • a deed with a proper description of the land must be executed
  • financing must be acquired and approved
I can guarantee that you will receive the unbiased, expert evaluation and advice needed during a real estate transaction. I will work to negotiate fair and reasonable terms of sale and can help you avoid the kind of difficulties associated with real estate transactions of which many people are unaware.
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MILITARY
Men who are active members and veterans of our nation’s armed forces require and deserve expert legal assistance to handle divorce, custody and support situations. If you are an active service member considering marriage or already married and about to deploy, you should consider protecting yourself before leaving your home life in the hands of your spouse or significant other – contact me for a consultation. Men in our armed forces may face many issues on the home front whether here on leave or during deployment. Such issues may include:
  • Contested or uncontested divorce
    • Understand the ways in which past or present military service can affect the rights of divorcing spouses
  • Child custody and visitation
    • Parenting plans must be carefully written to address deployment situations
  • Child support
    • How active duty affects child support obligations
  • Spousal support and division of assets and property
    • Know how this may affect your military pension
  • Father’s Rights
    • As a father, you can do everything a mom can do except breast feed. Protect your rights to be the father your child needs
  • Parent Alienation
    • Ensure you and your child are treated with respect while you sacrifice your family life for your country
Every situation is unique and as an active service member or veteran there are a variety of ways in which this may affect you and/or your child. I respect what you sacrifice as a member of our military and will work diligently and tirelessly on your behalf to protect you while you protect all of us.
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Tina C. Bennet, ESQ. - Divorce, Family Law, DWI, Traffic Tickets, Criminal Matters
Tina C. Bennet - 100 Kreischer Road North Syracuse, NY 13212 (315) 422-3029 tcb@attorneytinabennet.com
Tina Bennet accepts the following forms of payment
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