Sentencing Guidelines for Narcotics and Drug Felonies

Experienced New York criminal defense attorneys know that over the past few years the “Rockefeller Drug Laws” have changed considerably. In fact, the sentencing for crimes related to the Criminal Sale of Controlled Substances and Criminal Possession of Controlled Substances changed once again as recently as 2009. Whether you or a loved one is charged with possessing or selling cocaine, crack-cocaine, heroin or any other controlled substance, the following sentencing guidelines are likely applicable.

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AI First Offense

• 8-20 years in prison followed by 5 years post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Shock Incarceration is not permitted
• Judicially ordered Shock Incarceration is not permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

AI Prior Non-Violent Offense

• 12-24 years in prison followed by 5 years post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Shock Incarceration is not permitted
• Judicially ordered Shock Incarceration is not permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

AI Prior Violent Offense

• 15-30 years in prison followed by 5 years post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Shock Incarceration is not permitted
• Judicially ordered Shock Incarceration is not permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

AII First Offense

• 3-10 years in prison followed by 5 years post release supervision
• Lifetime Probation is permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

AII Prior Non-Violent Offense

• 6-14 years in prison followed by 5 years post release supervision
• Lifetime Probation is permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

AII Prior Violent Offense

• 8-17 years in prison followed by 5 years post release supervision
• Lifetime Probation is permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

B First Offense

• 1-9 (2-9 if School Grounds or Sale to a Child) years in prison followed by 1-2 years post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year or less is permitted (not Sale to a Child)
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

B Prior Non-Violent Offense

• 2-12 years in prison followed by 1.5-3 years post release supervision
• Probation is permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

B Prior Violent Offense

• 6-15 years in prison followed by 1.5-3 years post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is permitted
• Shock Incarceration is not permitted
• Judicially ordered Shock Incarceration is not permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

C First Offense

• 1-5.5 years in prison followed by 1-2 years post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year or less is permitted
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

C Prior Non-Violent Offense

• 1.5-8 years in prison followed by 1.5-3 years post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year or less is permitted
• Youthful Offender Adjudication is not permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

C Prior Violent Offense

• 3.5-9 years in prison followed by 1.5-3 years post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

D First Offense

• 1-2.5 years in prison followed by 1 year post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year or less is permitted
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

D Prior Non-Violent Offense

• 1.5-4 years in prison followed by 1-2 year post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year or less is permitted
• Youthful Offender Adjudication is not permitted
• Parole Supervision sentence is permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

D Prior Violent-Offense

• 2.5-4.5 years in prison followed by 1 year post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

E First Offense

• 1-1.5 years in prison followed by 1 year post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year is permitted
• Youthful Offender Adjudication is permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

E Prior Non-Violent Offense

• 1.5-2 years in prison followed by 1-2 years post release supervision
• Probation is permitted
• An Alternative Definite Sentence of 1 year is permitted
• Youthful Offender Adjudication is not permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is permitted

E Prior Violent Offense

• 2-2.5 years in prison followed by 1-2 years post release supervision
• Probation is not permitted
• An Alternative Definite Sentence is not permitted
• Youthful Offender Adjudication is not permitted
• Parole Supervision sentence is not permitted
• Shock Incarceration is permitted
• Judicially ordered Shock Incarceration is permitted
• CASAT sentence is permitted
• Judicial Diversion is not permitted

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