Legal Question in Criminal Law in New York

Re: predicate or persistent felon

Persistent is not subject to the same ten year

rule as predicate, and he may have sentencing

problems. These should have been and still should

be discussed with his current attorney

Re: predicate or persistent felon

Your husband may be considered a persistent violent felony offender if the two prior violent felony offenses occured within ten years of the commission of the new one. The one in 1983 may qualify depending on how much time he spent in jail since that conviction. You add up the time from the conviction in 1983 to the date of the commission of the latest offense(not the conviction date) and then subtract all the time he spent in jail, even for a non-violent felony and misdemeanors. If the total is ten years or less, then he is a mandatory persistent violent felony offender. There is no ten year limitation on persistent felony offenders, he is clearly facing life at the judge's discretion, as long as he did State time on two prior occaisions. Good luck!