Legal Question in Criminal Law in New York

prison sentence N Y state

On a five and a half year sentence , first offence, what is the minimum time one can serve?


Asked on 8/01/07, 7:56 pm

2 Answers from Attorneys

Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: prison sentence N Y state

56.5 years is the "statutory answer" if he is convicted of a "violent felony" and that is the reason for the determinate sentence. On such a sentence one is to serve 6/7 of the total. The DOC may have programs and plans which allow an earlier release date but 6/7 is the rule.

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Answered on 8/02/07, 7:15 am
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: prison sentence N Y state

Sorry. I meant months . . . not years

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Answered on 8/02/07, 8:05 pm


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