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May 17, 2013

What Sentence Does A Youthful Offender Get In New York

By Michael H. Joseph

Our White Plains criminal defense lawyers have handled many cases involving teenage offenders. There are numerous benefits that the law recognizes for offenders who are eighteen years old or younger and are charged with crimes as an adult.

One of the most important benefits is when the youthful offender is charged with a sex crime, the law prohibits the youthful offender from being registered as a sex offender under SORA. Another benefit that New York law provides for youthful offenders is that there is no DNA registry. Normally, under New York law, when someone is convicted of a misdemeanor or felony, their DNA is taken and placed in a centralized database. Youthful offenders exempted from the DNA databank under New York law.

The authorized sentences for a youthful offender are as follows. For an offense other than a felony, the court must impose a sentence authorized for the offense for which the youthful offender finding was substituted, however the maximum sentence is six months incarceration. For any felony, the court must impose a sentence authorized to be imposed upon a person convicted of a class E felony. In most cases the maximum sentence for a Class E felony is four years incarceration. The maximum sentence is a mazimum possible sentence and that does not mean that is what the youthful offender will get. Our Westchester criminal defense attorneys have extensive experience in negotiating non-jail sentences, such as fines, conditional discharge and probation, especially for youthful offenders.

From our White Plains office, our criminal defense lawyers regularly handle cases in the criminal courts of White Plains,Yonkers, New Rochelle, Greenburgh, Mount Vernon, Elmsford, Armonk, Port Chester, Rye, Mamaroneck, Tarrytown, Sleepy Hollow, Ardsley, Mount Pleasant, Hartsdale and Scarsdale.

From our Queens office in Forest Hills, our criminal defense lawyers have handled many criminal cases in Manhattan, Bronx and Queens.

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