What shapes the range
New York grades robbery by degree, and the higher degrees are classified as violent felonies, which generally carry state prison terms followed by a period of post-release supervision. The degree of the conviction and any prior felony record largely determine the range the judge works within. For younger defendants, youthful offender treatment may be available in some cases, and it can change the outcome substantially. Federal robbery cases are calculated under the federal sentencing guidelines, which are advisory but influential. Because these structures are technical, the plea stage is often where the sentencing range is effectively decided.
Preparing for the hearing
Before sentencing, the probation department usually prepares a presentence report, and the interview for that report matters more than many people expect. Letters from employers, teachers, clergy, and family members can give the court a fuller picture, as can records of treatment, work, or school. Your lawyer can review the report for errors and submit a sentencing memorandum explaining your history and circumstances. Victims may also address the court, and the defense needs to be ready for that. Prepare for the probation interview with counsel rather than on your own.
Decisions to make before the date
We review the plea agreement or verdict, the expected range, and whether any promise about the sentence was made on the record. If the court is considering a sentence different from what was agreed, there may be options, and those need to be raised promptly. We also look at immigration status, because robbery convictions can carry serious immigration consequences regardless of the length of the sentence. After sentencing, the time to file a notice of appeal is short, so whether an appeal is warranted is discussed before the hearing. Bring the court papers, any presentence report you received, and the names of people willing to write letters.
