The degree drives the range
Assault in New York is graded into degrees, from a misdemeanor to serious felonies, based mainly on how serious the injury was and how it was caused. Several felony assault degrees are classified as violent felony offenses, which limits the court's sentencing options and can make state prison more likely. Misdemeanor assault allows a wider range of outcomes, from a conditional discharge or probation to local jail. Prior convictions can raise the range considerably. Because the final charge often differs from the arrest charge, the sentence is shaped as much by negotiation and pretrial litigation as by the facts themselves. When the case involves a family or household member, an order of protection and program conditions often become part of the outcome.
Pieces of a sentence beyond jail
A sentence often includes more than incarceration or probation. Orders of protection are commonly issued at sentencing and can last well past the end of the sentence itself. Restitution for medical bills or other losses may be ordered, and the amount can be disputed with records. Programs addressing anger, substance use, or mental health may be conditions of probation or part of a plea agreement. Immigration effects, firearms restrictions, and professional licensing should be assessed before any plea is entered, because for some people they matter more than the sentence.
Getting ready for the sentencing date
In felony cases the probation department usually prepares a presentence report, and the interview for it deserves preparation with counsel. Letters from employers, family, and community members can help the court understand who you are beyond the incident. If treatment or counseling has already begun, records of attendance and progress are useful. In felony cases the person who was injured generally has the right to be heard at sentencing, and that account may be emotional and difficult to sit through. Our first step is to review the current charge, your record, and any offer, and we explain what is known and unknown about the likely range.
