When an individual is charged with a crime in New York, they typically worry about whether or not they will face jail time. Unfortunately, there is no direct answer, as several factors can influence whether or not someone will be incarcerated for an offense. However, it’s important to understand that connecting with a seasoned criminal defense attorney can help provide you with the best possible outcome to potentially avoid jail time. Please continue reading to learn some of the more common probation conditions in NY and why connecting with our skilled Nassau County Criminal Defense Attorneys is in your best interest.
What Crimes Are Eligible for Probation in NY?
In New York, an individual who is convicted of a crime may be sentenced to probation instead of being sent to jail. All misdemeanors are eligible for probation as an alternative to imprisonment. Probation may be an option for first-time felony convictions of certain classes. Nevertheless, the judge assigned to your case has the discretion to sentence you to probation instead of jail time. Probation is typically granted for low-risk offenders.
Probation allows an individual the opportunity to rejoin the community. However, in exchange, they must comply with certain rules during their probationary period. The conditions for your probation will depend on the crime in question, but the following are some of the common conditions imposed in New York:
- Finding employment
- Performing community service
- Not leaving the judicial district with the court’s or the probation officer’s permission
- No contact with known criminals
- Keeping a curfew
- Submitting to drug tests
- Attending substance abuse counseling
- Paying restitution to victims
How Long is a Probationary Period?
After being sentenced to probation, how long you must remain on probation will depend on the offense. According to New York law, if you are convicted of a Class B misdemeanor, the probation period will be one year unless the offense was public lewdness, in which case the period can be extended up to three years. If you are convicted of a Class A misdemeanor, the probation period will be three years. The exception, however, is sexual assault, in which this period is extended to six years. When it comes to felonies, most carry a three to five-year probation period. The exceptions include sexual assault which is 10 years and certain drug crimes that are Class A felonies which can extend up to 25 years.
If you are facing criminal charges in New York, please don’t hesitate to contact an experienced attorney from KCS Law, who can help negotiate a plea deal with the prosecution to reduce the charges against you and keep you out of jail. Connect with our firm today to discuss your case.
