Misdemeanors & Violations

Sentencing Guidelines for Narcotics and Drug Felonies

Item: Saland Law PC
Rating: 5
Author: Evan

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.

New York Criminal Arrests and Convictions: Immigration Consequences

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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... I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. I stand by this statement 100% Evan

Let me start by saying how amazing Liz Crotty is! I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. Liz jumped on the case right away; she was very thorough in explaining things to me. She is strictly business too! She went to court on my son's behalf and had his case dismissed. I am forever grateful to her. Seana G.

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