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Homicide and violent felonies

Overview

Tom: your brief intro.

Draft for you to change or replace: A violent felony charge carries a mandatory prison term on conviction, even for a first offense. These cases are won or lost on the facts: what the forensic evidence actually shows, what witnesses could really see, whether a statement was lawfully obtained, and whether the use of force was justified. Thomas Plan investigates every case with investigators and experts and prepares it for trial.

Offenses and penalties

Section Offense Class First conviction
125.27 Murder, 1st degree A-I Life without parole, or a minimum of 20–25 years to life
125.25 Murder, 2nd degree A-I Minimum of 15–25 years to life
125.20 Manslaughter, 1st degree B violent 5 to 25 years
125.15 Manslaughter, 2nd degree C Up to 15 years
125.10 Criminally negligent homicide E Up to 4 years, or alternatives
120.10 Assault, 1st degree B violent 5 to 25 years
120.05 Assault, 2nd degree D violent 2 to 7 years
120.00 Assault, 3rd degree A misdemeanor Up to 364 days
160.15 Robbery, 1st degree B violent 5 to 25 years
160.10 Robbery, 2nd degree C violent 3½ to 15 years
160.05 Robbery, 3rd degree D Up to 7 years
140.30 Burglary, 1st degree B violent 5 to 25 years
140.25 Burglary, 2nd degree C violent 3½ to 15 years
140.20 Burglary, 3rd degree D Up to 7 years

Violent felony sentences are followed by post-release supervision. Sources: Penal Law Articles 120, 125, 140, 160; §§ 70.00, 70.02.

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